Access to Evaluation Report by European Commision on extension of term of office of FRA Director

En attente d'une révision interne par Justice et Consommateurs a propos de leur gestion de la demande.

Dear Justice (JUST),

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:

Following recommendation specified in par. 2 of EC letter JUST/Cl/JD/vf/l 109542s sent via Asktheeu organization http://www.asktheeu.org/en/request/453/r... I hereby submit my new request to access the Evaluation Report by European Commission for the extension of the FRA Director`s term of office.

1. From the link you provided to me at the end of your letter I understand that the European Commission took already its decision to extend the FRA Director`s term of office so the Evaluation Report is finalized and necessarily was used for the well informed decision taken by European Commission. I request access to this Evaluation Report used by the EC Hierarchy mentioned in the link provided to me and accessible easier form here: http://ec.europa.eu/transparency/regdoc/... (Minutes of the 2041st meeting of the Commission held in Brussels (Berlaymont) on Wednesday 10 April 2013)

Paragraph 7.2 of the Minutes read as follows:

"Having noted the procedure followed as set out in point 2 of PERS(2013) 64/2, the Commission, on a proposal from Mr ŠEFČOVIČ, in agreement with the PRESIDENT and Ms REDING, decided to extend for three years with effect from 1 June 2013 the term of office of Mr Morten KJAERUM as Executive Director of the European Union Agency for Fundamental Rights, and asked Ms REDING to communicate this decision to the Agency’s management board. This decision would take effect immediately".

My understanding is that in accordance to Article 12(6) (c) of Council Regulation 168/2007 the final decision is to be taken by Management Board of FRA and only then can take effect. I request information if the term of office of FRA Director was already extended with immediate effect by Mr BARROSO, Ms REDING and Mr Mr ŠEFČOVIČ (see above), or that paragraph is to be understand as Proposal or Endorsement by Mr BARROSO, Ms REDING and Mr Mr ŠEFČOVIČ?

This is not fully understandable and clear taking view that in your letter is written that the FRA Management Board meeting for this purpose will take place on 22-24 May 2013.Therefore I request information if the par 7.2 of the Minutes is a DECISION or a PROPOSAL/recommendation?

2. In addition I request relevant information and documents related to point 3 of your letter JUST/Cl/JD/vf/l 109542s stored in asktheeu website.

a) I particularly refer to the alleged misbehavior and conflict of interest raised in Judgment F-58/10 http://curia.europa.eu/juris/document/do... in relation to FRA Director and the Investigator appointed by the FRA Director to conduct the respective administrative inquiry at FRA (see par. 77, 52, 57, 63, 64) and the persons identified as Mr M and Mr A in that Judgment (if the respective Judgment was part of evaluation process and if it was considered for the Evaluation Report drafted by EC).

b) I also refer to Parliamentary Question E-002422/2012 accessible from here : http://www.europarl.europa.eu/sides/getD... and request information if European Commission scrutinized the mentioned alleged fraud happened under the tenure of the current Director of FRA when he served as Director at Danish Institute for Human Rights / IMR and whose mandate was extended or is to be extended (i.e. if this aspect was considered for the EC Evaluation Report). I request information and relevant documents if there was a checking by specialized EU bodies of the accounts of Danish Institute for Human Rights and of FRA and which the outcome was.

c) From the Judgment F-58/10 I understand that Danish Institute for Human Rights (IMR in the Judgment) is a quite big contractor of FRA (only one contract is of 500 000 Euro - see p. 61). From the website asktheeu I found out that European Commission awarded several grants to Danish Institute for Human Rights amounted to millions of Euro, as follows:
- Grant ref. JUST/2009/FRAC/AG/1279 - 994.775,16 EUR
- Grant ref. JUST/2012/PROG/AG/3720 - 117.966,25 EUR
- Grant ref. JUST/2011/PROG/AG/1909 - 221.813,66 EUR
- Grant ref. JUST/2007/FRAC/AG/0019/1 - 425.019,00 EUR
- Grant ref. JUST/2008/FRAC/AG/1226 - 498.915,32 EUR
- Grant ref. JUST/2010/PROG/AG/534/D4 - 239.999,66 EUR
In EC FTS system there are some more grants awarded to IMR by other departments of European Commission than DG Justice.

I request relevant information and documents showing if the the alleged fraud in accounts of IMR was settled and the grants and contracts awarded to IMR were concluded and awarded in accordance to provision of Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation C(2012)7507, regulations which require that all bidders provide accurate financial documents in order to be admitted in competition for awarding grants (particularly I request information if this aspect was taken into account for the Evaluation Report on FRA director performed by EC and related decision to extend his term of office).

3. I also request relevant information and documents related to misbehavior and conflict of interest mentioned in European Parliament Budgetary Discharge Report P7_TA-PROV(2013)0162 under this link http://www.europarl.europa.eu/document/a... at par. 5, 6, 7, 8, and relevant information if European Commission considered it for the Evaluation Report on FRA Director extension of term of office and implicitly for the Final Decision taken by Mr BARROSO, Ms REDING and Mr Mr ŠEFČOVIČ.

4. I request information on how many cases were identified at FRA by European Commission with the occasion of drafting its Evaluation Report for the extension mandate of FRA Director? (I refer to cases before the EU Courts, EU Ombudsman and other EU institutions, if applicable, and to eventually internally ongoing cases at FRA level).

Additionally I request information as to why these cases appear at FRA and if European Commission analyzed them when took its decision to extend the mandate of the FRA Director. I ask these information in the light of article 15 (1) second indent of Council Regulation 168/2007 (i.e.director`s skills to manage its staff and conflict resolution). Who generate these cases at FRA and why?

In the Judgment F-58/10 is mentioned that at FRA was identified an "intense atmosphere of fear". I request relevant information on who is responsible of that "intense atmosphere of fear" and if the fear come already to an end.

This particular request is to be transmitted to the relevant hierarchy in charge with the Fundamental Rights in the EU. Is quite strange and of great public concern that at an EU Agency for Fundamental Rights was identified an "intense atmosphere of fear". Therefore I request to access relevant documents and information. Who created the fear? Who maintained it?

5. Finally, I request relevant information and access to the related reports on the two particular cases mentioned in point 8 of European Parliament Budgetary Discharge Report P7_TA-PROV(2013)0162 (i.e. Report of OLAF and Report of EU Ombudsman). If this part of my request is not within your competence I kindly ask to transmit it to competent authorities, possibility envisaged in the Code of Good Administrative Behavior applicable to EU staff and EU hierarchy.

6. The letter you kindly sent me via asktheeu website is signed by Ms Salla Saastamoinen. I see in the FRA website http://fra.europa.eu/en/about-fra/struct... that Ms Salla Saastamoinen is also member of FRA Management Board.

As there is no possibility to identify in FRA website via CV or Declaration of conflict of interest if Ms Salla Saastamoinen is the same person who signed the letter JUST/Cl/JD/vf/l 109542s stored in asktheu website, assuming that is the same person, I request relevant information if this letter was signed in both qualities of Ms Salla Saastamoinen : as Head of Unit at European Commission and in the same time as Member of FRA Management Board. I would appreciate relevant information as to the potential conflict of interest, because the EU Agencies are independent EU bodies. Thank you.

Yours faithfully,

Kurt Weiss

Dear Justice (JUST),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice (JUST)'s handling of my FOI request 'Access to Evaluation Report by European Commision on extension of term of office of FRA Director'.

The response has been delayed. By law the European Commission should normally have responded promptly and by 31 May 2013.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.asktheeu.org/request/access_t...

Yours faithfully,

Kurt Weiss