report on provisions on detention (Article 19 of Directive 2008/115/EC of 16th December 2008)

La solicitud fue rechazada por Secretaría General de la Comisión Europea.

Dear Secretaría General,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The documents that the European Commission has to report every three years to the European Parliament and the Council on the application of Article 19 of Directive 2008/115/EC of 16th December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals, in particular any documents on the provisions on detention in article 15 of this Directive.

Yours faithfully,

Agnieszka

Secretaría General de la Comisión Europea

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Dear Madam,
We thank you for your e-mail of 14/11/2013.
Please be informed that we would need the following information in order
to be able to register your request for access to documents in our
database :

* your name;
* your surname;
* your country;
* your activity sector..

Yours faithfully,
 
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/5 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 
 

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Dear Secretariat General (SG),

I am an intern in Access Info Europe - a human rights organisation dedicated to promoting and protecting the right of access to information in Europe and globally as a tool for defending civil liberties and human rights.

Also, according to the regulation 1049 /2001,Art. 6.1 there is no requirement for the requester to provide the information you´ve mentioned, in order for the institution to process and access for documents requests.

thank you for your help

Yours faithfully,

Agnieszka

Secretaría General de la Comisión Europea

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Dear Madam,
 
Thank you for your email dated 15/11/2013.
 
As a matter of general remark, it is not a question of legal obligation
derived from Article 6 (1), you quote, as this article states only :
applications for access to a document shall be made in any written form,
including electronic form, in one of the languages referred to in Article
314 of the EC Treaty and in a sufficiently precise manner to enable the
institution to identify the document. The applicant is not obliged to
state reasons for the application.
 
However, in order to be able to ensure the legal right of the applicant to
receive an answer we need to know the basic details of this person.
 
Lastly, I would like to inform you that our registration system requires
this information in order to be able to process a request
([1]http://ec.europa.eu/transparency/regdoc/...).
 
By consequence, we will only be able to register your request once we
receive the necessary information.
 
Yours faithfully,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/5 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]

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Dear Madame,

Thank you for your message.

As I understand, the right of access to documents is a fundamental right for Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State.

I have already informed you that I am interning at Access Info Europe which is a legal person registered in a Member State (Spain).I can also confirm that I am an EU citizen of Polish nationality, living in Sweden and currently interning in Spain.

With respect to the sector of activity, there is nothing in the treaties which requires this information to be provided and I do not see that it is in any way relevant for the processing of this request. Indeed, to the extent that a person is requesting in their capacity as a member of the public (citizen or resident) and in the exercise of a fundamental human right, it is irrelevant and inappropriate to require this information.

With respect to your online form, you ask for information about the document being requested which I note is impossible to supply without having the relevant documents and hence the reference information. I respectfully suggest that this should not be an obligatory requirement as it places a disproportionate burden on the requester and could be off-putting to some less experienced requesters who attempt to use your form to ask for information.

You have asked for my surname. Whilst I do not in principle have any problem in providing it, I do not see how this information will help you to process the request. Indeed, there is nothing in Regulation 1049 which specifically requires me to identify myself more fully. As to the information you need in order to be able to process the request, I note that I have already provided you with a name and a contact address, in this case an email address.

Given that access to documents is a fundamental human right, it is a right which can be exercised by any person (legal or natural, citizen or resident). It does not matter if it is me, a friend, a relative, a colleague or another person unknown to me who files this request. Hence the information about who the requester is not strictly necessary to comply with the requirements of the treaties, namely that: “In order to promote good governance and ensure the participation of civil society, the Union institutions, bodies, offices and agencies shall conduct their work as openly as possible.”

Furthermore, international standards are in favour of not imposing any requirements on requesters to identify themselves. The Council of Europe Convention on Access to Official Documents states that “Parties may give applicants the right to remain anonymous except when disclosure of identity is essential in order to process the request.” (Article 4). Importantly, the drafters of the Convention, which is not yet in force and is not binding on the EU but which establishes a clear international standard, make clear in the Explanatory Report that “the present Convention does not require Parties to the Convention to grant applicants a right to submit requests anonymously, but encourages this by including an optional obligation in this respect. In the countries where such a right exists, it has been deemed unnecessary to require the applicant’s identity when there at the same time is no obligation for the applicant to declare any reasons for the request.” I note that in the context of my request, there is no requirement to declare reasons, and hence there should be no need to establish my identity.

I also note that for the European Commission to establish my identity with any degree of certainty, you would need copies of my passport and residence documents. This is not something which you require, therefore the request to declare this information without any means of verification seems to be rather pointless. On the other hand, If you were to require documentation to be submitted, this would create an overly burdensome bureaucratic process which is inconsistent with the nature of the right of access to information as a right of all EU citizens and residents, for the reasons explained above.

I further note that this request is inconsistent with your practice to date both via AsktheEU.org and in responding to other requests. If it has not been necessary to ask for this information from other requesters, it should not be necessary to require this information for this particular request.

I trust that this information suffices for you to register and process my request.

Yours faithfully,

Agnieszka

Yours faithfully,

Agnieszka

Secretaría General de la Comisión Europea

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Dear Agnieszka,
 
We invite you to check 'recommandations' published on the website
'AsktheEU' :
 
Why will my name and my request appear publicly on the site?
We publish your request on the internet so that anybody can read it and
make use of the information that you have found. We do not normally delete
requests (more details).
 
Your name is part of your request, so has to be published as well. It is
only fair, as we're going to publish the name of the civil servant who
writes the response to your request.
 
Using your real name also helps people get in touch with you to assist you
with your research or to campaign with you.
 
Can I make an access to information request using a pseudonym?
You are advised to use your real name when making an access to documents
request. You are exercising a right which is the basis for an open and
democratic society and this should be under your real name.
 
If you feel that your name is very well known – for example you are a
famous person or well known journalist or known to the EU body – you might
want to get a friend or colleague to file the request. If you are really
stuck, contact us and we will try to help you file the request; please
note that we don’t have the resources to do this for everyone.
 
Please note that if you use a pseudonym, you will not be able to exercise
your legal right to appeal to the European Ombudsman or the Court of
Justice.
 
We ask for a first and a last name. If you have more than one first or
last name you can use these, but the minimum is a first and last name.
 
If we see silly names or really obvious pseudonyms, we will remove the
request and contact the requester about this.
 
Please do not impersonate someone else!
 
Please be informed that your request will be registered as soon as we
receive the following information :
 
* your name;
* your surname;
* your country;
* your activity sector..
 
Yours faithfully,
 
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/5 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 
 

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Dear Secretariat General (SG),

Dear Madame,

Thank you for your message.

As I understand, you have twice refused to register my request.

As a consequence, I´ve decided to appeal to Ombudsman.

Yours faithfully,

Agnieszka