Art 22b SR - Contacts

La demande est partiellement réussie.

Dear European Court of Auditors,

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:

any documents in relation to officials or non-officals-staff of the EU-institutions contacting you or your predesessors as "external adressee" for whistleblowers under art. 22b of the staff regulations (incl. the previous internal norms of the Commission) including but not limited to: any correspondance from and to the whistleblower(s) including all its annexes and also any follow-up communication or notifications from and to other services also with all its annexes as well as all internal drafts and other documents related to these issues

Yours faithfully,

Guido Strack

Mail Delivery System,

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Sent request to Cour des comptes européenne again.

Cour des comptes européenne

Dear Guido Strack,

We acknowledge the receipt of your request for access to ECA documents
regarding whistleblowers contacting our institution, as described in your
e-mail below, sent on 4 August 2014.

In accordance with the Decision No 12/2005 of the Court of Auditors
regarding public access to Court documents, you will receive a reply
within 15 working days, that is by the end of the business day on Tuesday
26 August 2014.

Kind regards,

Damijan FIŠER
ECA Info

From:        Guido Strack <[FOI #1425 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        04/08/2014 12:17
Subject:        access to information request - Art 22b SR - Contacts

--------------------------------------------------------------------------

Dear European Court of Auditors,

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:

any documents in relation to officials or non-officals-staff of the
EU-institutions contacting you or your predesessors as "external adressee"
for whistleblowers under art. 22b of the staff regulations (incl. the
previous internal norms of the Commission) including but not limited to:
any correspondance from and to the whistleblower(s) including all its
annexes and also any follow-up communication or notifications from and to
other services also with all its annexes as well as all internal drafts
and other documents related to these issues

Yours faithfully,

Guido Strack

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #1425 email]

If [European Court of Auditors request email] is the wrong address for information requests to
European Court of Auditors, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Court of Auditors will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[1]http://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

**********************
Disclaimer: If you have received this message in error, please contact the
sender immediately.

**********************
Avertissement : Si ce message vous a été adressé par erreur, nous vous
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References

Visible links
1. http://www.asktheeu.org/en/help/officers

Cour des comptes européenne

Dear Mr Strack,

Your request for access to the Court's documents, which you lodged via
email on 4 August 2014, has been carefully analysed.

In accordance with [1]Decision No 12/2005 of the Court of Auditors of 10
March 2005regarding public access to Court documents, the data related to
whistleblowing cases cannot be granted access due to confidentiality. As a
general rule, this information can only be transmitted to the person
having made the denunciation in question. Such confidentiality is in line
with the new Staff Regulations and aims at preserving and protecting the
people being implicated in whistleblowing procedures. The Treaty also
stipulates that for procedures requiring confidentiality, the principle of
transparency needs to be balanced against the need for professional
secrecy. I therefore regret to inform you that your request has been
refused.

I would like to inform you that in accordance with Article 7 of Decision
No 12/2005, you may ask the Court to reconsider its position within 15
working days of receiving the Court's reply.

Kind regards,
Damijan Fiser
ECA-INFO

From:        ECA-INFO/Eca
To:        Guido Strack <[FOI #1425 email]>
Cc:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        06/08/2014 15:31
Subject:        Re: access to information request - Art 22b SR - Contacts
Sent by:        Damijan FISER

--------------------------------------------------------------------------

Dear Guido Strack,

We acknowledge the receipt of your request for access to ECA documents
regarding whistleblowers contacting our institution, as described in your
e-mail below, sent on 4 August 2014.

In accordance with the Decision No 12/2005 of the Court of Auditors
regarding public access to Court documents, you will receive a reply
within 15 working days, that is by the end of the business day on Tuesday
26 August 2014.

Kind regards,

Damijan FIŠER
ECA Info

From:        Guido Strack <[FOI #1425 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        04/08/2014 12:17
Subject:        access to information request - Art 22b SR - Contacts

--------------------------------------------------------------------------

Dear European Court of Auditors,

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:

any documents in relation to officials or non-officals-staff of the
EU-institutions contacting you or your predesessors as "external adressee"
for whistleblowers under art. 22b of the staff regulations (incl. the
previous internal norms of the Commission) including but not limited to:
any correspondance from and to the whistleblower(s) including all its
annexes and also any follow-up communication or notifications from and to
other services also with all its annexes as well as all internal drafts
and other documents related to these issues

Yours faithfully,

Guido Strack

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #1425 email]

If [European Court of Auditors request email] is the wrong address for information requests to
European Court of Auditors, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Court of Auditors will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[2]http://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

**********************
Disclaimer: If you have received this message in error, please contact the
sender immediately.

**********************
Avertissement : Si ce message vous a été adressé par erreur, nous vous
prions de vous mettre immédiatement en rapport avec l’expéditeur.

References

Visible links
1. http://www.eca.europa.eu/Lists/ECADocume...
2. http://www.asktheeu.org/en/help/officers

Dear European Court of Auditors,

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

In accordance with art. 7 and 8 of Decision No 12/2005 of the Court of Auditors of 10 March 2005 regarding public access to Court documents I am writing to request an internal review / request for reconsideration of the European Court of Auditors's handling of my FOI request 'Art 22b SR - Contacts' and its decision of 21.08.2014 to fully deny my initial request.

The Courts decision of 21.08.2014 in my opinion is violating the law as far as it did not test and not argue about the application of art. 4 Nr. 6 of the above mentioned Decision of 10.03.2005. It should have been evaluated and reasoned if at least parts of my request could be handled positively and if legitimate confidentiality needs could not be served by simply blackening parts of the requested documents.

You also should have consulted the whistleblowers who you are claiming to protect if they (still) want their identity to be treated confidentially. The decision of 21.08.2014 does not provide any information that this had been done.

Finally the decision of 21.08.2014 speaks about a "gerneral rule" but lacks to specify who issued that rule and where it could be found. If such a rule really exists please send me a copy of it.

Please also send me a confirmation of reception of this secondary request as soon as possible.

Yours faithfully,

Guido Strack

Cour des comptes européenne

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    Access to documents request for consideration reply by ECA President.pdf

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Dear Mr Strack,

I have received a delivery failure report regarding the email I sent you
on 19 September 2014. I am now re-sending you the same email.

I would like to kindly ask you to acknowledge the receipt of this email.

Kind regards,
Damijan FIŠER
ECA-INFO

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