correspondence LUMOS

La demande est réussie.

Dear Justice and Consumers,

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:

- All correspondence, internal notes, email, letters related to contact between DG JUST and staff of the UK NGO Lumos and its Brussels' office.

Time-frame: 2010 - now.

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Sir,

 

You have addressed a number of requests to DG JUSTICE in the last days. So
far, we have used the addressed you have provided for previous
applications. However, in two of these last requests you clearly indicate
that you do not wish to receive physical correspondence to your address.

 

With respect to this request, I would like to recall that the provision of
a postal address is from 1 April 2014 a mandatory feature for the purpose
of introducing a request for access to documents, irrespective of the
possibility to post electronically the Commission reply and the released
documents on a website.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

•      The need to obtain legal certainty as regards the date of receipt
of the reply by the applicant under Regulation 1049/2001. Indeed, as
foreseen by Article 297 of the Treaty on the Functioning of the European
Union (TFEU), […] decisions which specify to whom they are addressed shall
be notified to those to whom they are addressed and shall take effect upon
such notification. Replies triggering the possibility for administrative
or judicial redress are therefore transmitted via registered mail with
acknowledgement of receipt. This requires an indication of a valid postal
address by the applicant;

 

•      The need to direct the Commission's scarce resources first of all
to those requests which have been filed by "real" applicants. With only a
compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

•      For similar reasons, asking for a compulsory indication of a postal
address enables the Commission services to verify whether Article 6(3) of
the Regulation, on voluminous requests, is being evaded by introducing
several requests under different identities. Indeed, in its Ryanair
judgment, the General Court confirmed that Article 6(3) cannot be evaded
by splitting the application into a number of applications. The Commission
would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

•      Knowing whether the applicant is an EU resident in the sense of
Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of
correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a postal address is not only appropriate but also strictly
necessary for the performance of a task carried out in the public interest
within the meaning of Article 5 (a) of Data Protection Regulation 45/2001,
namely providing a smooth and effective access to documents. On 28 April
2015, the European Data Protection Supervisor decided on a complaint
against the European Commission relating to personal information (postal
address) asked by the Commission in the context of access to documents
requests lodged pursuant to Regulation (EC) 1049/2001. He concluded that
our policy is in line with Regulation (EC) 45/2001.

 

We therefore kindly ask you to provide a full postal address, so we can
duly register and handle your requests. Please note that, once we receive
your postal address, we will register your request for access as an
initial application for access to documents in the meaning of Article 6(1)
of Regulation 1049/2001. The deadline for handling your initial request
shall run as from the moment of registration of your request following the
submission of your postal address.

 

As for the fact that you postal address may appear on our correspondence
as published on the webpages of AsktheEU, it is always possible to blacken
the relevant lines so as it does not become of public domain.

 

Thank you in advance.

 

Yours sincerely,

 

JUSTICE ACCESS TO DOCUMENT TEAM

From: Arun Dohle

June 16, 2015

Dear Justice and Consumers,

It is with disbelief that I see how my request are dealt with.

Either an immediate reply, without asking for an address. Or this long legal mail.

Anyway, hereby my physical address. Please register my request
without further delay and I am looking forward to the documents
within the 15 working day time limit.

Please make the documents accessible to the large public through the Ask the EU website, as a reply to this email.

Best regards,

Arun Dohle

Arun Dohle
Viktoriastr. 46
52066 Aachen

Justice et Consommateurs

Dear Mr Dohle,

Thank you for your request dated 14/06/2015 and your e-mail dated 16/06/2015. We hereby acknowledge receipt of your request for access to documents which was registered on 17/06/2015 under reference GestDem 2015/3189.

In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 08/07/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM
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Afficher les sections citées

Arun Dohle a laissé une remarque ()

Time Limit 8 July 2015

Justice et Consommateurs

Dear Sir,

Given the scope of your request dating back six years to 2010, a reply will not be forthcoming before 16 July at the earliest.

Yours,

European Commission
DG JUSTICE AND CONSUMERS - Unit C1 Fundamental rights and rights of the child
B-1049 Brussels/Belgium

Afficher les sections citées

Dear Justice and Consumers,

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

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'correspondence LUMOS'.

Considering the fact that the Commission, DG JUST, must be using an electronic mail registration, I do not accept this delay in response.

I am of the opinion that this request should be replied within the original time limit of 15 days.

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

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Mr Dohle
In order to process your request, kindly indicate the GESTDEM N° of the file.
Best regards
JUST ACCES DOCUMENTS

Afficher les sections citées

Dear Justice and Consumers,

As requested hereby the number:
GestDem 2015/3189

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Mr Dohle,

Subject: Your application for access to documents – Ref GestDem No 2015/3189

We refer to your e-mail dated 14/06/2015 in which you make a request for access to documents, registered on 17/06/2015 under the above mentioned reference number.

Your application is currently being handled. However, we will not be in a position to complete the handling of your application within the time limit of 15 working days.

An extended time limit is needed as your application concerns a large number of documents.

Therefore, we have to extend the time limit with 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to documents. The new time limit expires on 30/07/2015.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM

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Afficher les sections citées

Justice et Consommateurs

BOUDALI Amel (JUST) would like to recall the message, "access to information request - correspondence LUMOS-GESTDEM 2015/3189".

Justice et Consommateurs

Dear Mr Dohle,

Subject: Your application for access to documents – Ref GestDem No 2015/3189

We refer to your e-mail dated 14/06/2015 in which you make a request for access to documents, registered on 17/06/2015 under the above mentioned reference number.

Your application is currently being handled. However, we will not be in a position to complete the handling of your application within the time limit of 15 working days.

An extended time limit is needed as your application concerns a large number of documents.

Therefore, we have to extend the time limit with 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to documents. The new time limit expires on 30/07/2015.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM

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Afficher les sections citées

Justice et Consommateurs

2 Attachments

 

Please find attached an advanced copy of the reply to your correspondence
to the European Commission.

Kind regards,

Secretariat C1

European Commission
DG Justice
Unit C1

Mo 59 05/75
B-1049 Brussels/Belgium
[1][email address]

Fundamental Rights on Europa:
[2]http://ec.europa.eu/justice/fundamental-...
EU children's rights website: [3]http://ec.europa.eu/0-18/

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/justice/fundamental-...
3. http://ec.europa.eu/0-18/

Justice et Consommateurs

3 Attachments

 

Please find attached an advanced copy of the reply to your correspondence
to the European Commission.

Kind regards,

Secretariat C1

European Commission
DG Justice
Unit C1

Mo 59 05/75
B-1049 Brussels/Belgium
[1][email address]

Fundamental Rights on Europa:
[2]http://ec.europa.eu/justice/fundamental-...
EU children's rights website: [3]http://ec.europa.eu/0-18/

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/justice/fundamental-...
3. http://ec.europa.eu/0-18/

Klaus Zinser a laissé une remarque ()

LUMOS (Other names
CHILDREN'S HIGH LEVEL GROUP (OLD NAME)
LUMOS (WORKING NAME)):
http://apps.charitycommission.gov.uk/Sho...

Where it operates
BULGARIA
CZECH REPUBLIC
HAITI
MOLDOVA
UKRAINE
UNITED STATES OF AMERICA
and United Kingdom.

Income 4 475 958 British Pound - 5 Mio Euro.

Activities:
LUMOS WORKS TO TRANSFORM THE LIVES OF DISADVANTAGED CHILDREN BY FACILITATING THE END OF INSTITUTIONAL CARE FOR GOOD. IT DOES THIS IN TWO WAYS:
AT A POLICY LEVEL TO ACCELERATE AND IMPROVE THE QUALITY OF REFORM IN HEALTH, EDUCATION AND SOCIAL PROTECTION SERVICES
AT A PRACTICAL LEVEL WORKING WITH PROVIDERS OF CHILDREN'S SERVICES TO DEMONSTRATE THE VALUE OF FAMILY-BASED CARE

Question: International Adoptions ?

Lumos is in excellent financial health. At the end of 2012, Lumos had £11,901,488 in reserves. This represents nearly three years’ reserves, giving ample opportunity to develop other streams of income. Lumos invests its reserves with an annual return of approximately 4%.

http://apps.charitycommission.gov.uk/Acc...

Extracts from Linked document:
President J K Rowling - (the famous Author ?) (Resigned on 27th Sept 2013)

BJEllis (Treasurer) Dr K Behbehani
Sir R Singleton CBE
A H Loder L F Smith
N L M Blair R L Wilson R Dattani
N Crichton
D Cohen (From June 2013)

Step 5 - Before the institution doors have closed - we support: Returning of children to biological families
Foster care or adoption
+ Specialist medical care for the most vulnerable
Inclusive education for all children in mainstream schools

Programmes
«To continue and complete our deinstitutionalisation
programme in Moldova.
«To continue to develop and deliver our programmes in the Czech Republic, Bulgadia and Ukraine.
«To consider and take forward the options for expanding our coverage to include three 'direct, intensive' and three 'indirect, technical assistance' programmes, with particular consideration being given to Hungary, Serbia and Georgia.

Expert Advice
«To set up and make best use of an Expert Advisory Group of professionals and
researchers.
+ To continue to play a full and independent role in the European Expert Group (of international NGOs and networks), which provides advice on deinstitutionalisation to the European Commission.

Achievements at the international level
- Lumos co-hosted a conference on deinstitutionalisation
at the European Parliament, with Adam Kosa MEP, that commemorated 50 years since the Kennedy law kick-started Dl in the US for people with disabilities. This was a sharing of US and European
experience in Dl and a call to action to work together internationally to end institutionalisation.
- Advocacy and diplomatic lobbying by Lumos, with other organisations, led to the passing of legal regulations in the European Parliament in November 2013 which meant that Structural Funds granted to EU Member States for social cohesion purposes could no longer be used for building or renovating institutions but had to be spent on alternative family and community-based systems of care. These conditions will influence the use of billions of Euros in EU aid. The period of 'awareness raising' up to the passing of the new regulations had already ensured that 6367m in Structural Funds, awarded before November 2013, was spent on dismantling institutions and not building new ones.
- Lumos engaged with US government departments and joined the Leaders Council on the Global Alliance for Children —an international coalition of government agencies, foundations and expert groups.

Lumno' workin 2013-key facts and figures (continued)
Achievements at the national end local level
+ 51 million was raised at a fundraising event in November 2013 hosted by J.K. Rowling.

Advocacy by Lumos led to a decision by the Romanian Government to follow the Bulgarian Govemrnent's example —also influenced by Lumos —to agree to fund life- saving shunts for children with hydrocephalus from 2014. The Romanian decision was announced at a Lumos conference in Bulgaria.
Lumos hosted a major inclusive education conference held in Moldova.
Laloveni children's institution in one of Lumos' demonstration areas in Moldova closed.
Lumos carried out a successful strategic review to assess the number of children living in institutions in Ukraine.
Lumos supported the creation of the Coalition 2025, an active group of NGOs in Bulgada working to support the national deinstitutionalisation programme.
Lumos provided training and consultancy to state officials in Bulgaria to undertake case conferences for children with disabilities in institutions, to assess each child's needs and where they should be placed; and in preparing children to move out of institutions and into the new services.
In the Czech Republic, Lumos helped to ensure the assessment framework established for social workers to better assess children was rolled out across that country.
+ A total of 77 policy makers and senior managers attended eight Lumos study visits throughout the year, including the first 'Advanced Course on Deinstitutionalisation' in
August 2013.
Lumos, through its Remote Expert Support Services (RESS)team, trained over 6,000 people - including care workers, teachers, psychologists, social workers, health professionals, policy makers and funders —in a range of aspects of family and community-based care systems. This brought the total to 15,713 people trained in four years.

Achievements forindividual children
Lumos teams directly prevented 244 children from entering into institutions and
influenced thousands more individual cases where institutionalisation
- Lumos saved the lives of 459 children suffering from malnutrition and neglect.
- A total of 413 children programmes.
was considered.
and young people took part in Lumos' child participation
- 187 children with hydrocephalus received life-saving surgery. A total of 311 children have been saved in two years as a result of Lumos' advocacy work.
- A total of 472 children with special educational needs were directly supported by Lumos to enter mainstream education in schools in Moldova - contributing to the overall total of
more than 3,500 children in Moldvova being educated in their communities, alongside their peers.
- By the end of 2013, Lumos had supported nearly 12,000 children to move from harmful institutions into safe, caring family environments.

Priorities and Achievements for 2013-in detail (continued)
- In Moldova, the Lumos team helped the Government to ensure that money saved
from institutions, under the Ministry of Education, was ring-fenced by the Ministry of Finance and transferred to mainstream schools. This meant that from 1 January 2013, 40% of schools had funds to assign support teachers for working with children with special educational needs, including children who have previously been institutionalised. In 2010, there were very few children with special educational needs in Moldovan schools; by the end of 2013 there were around 3,500 children.
- In Bulgaria, the Government has received financial assistance from five major EU funding sources. Coordinating these funds is vital; the risk, otherwise, is a fragmented and inefficient use of the money. In 2013, Lumos worked with the authorities in Dobrich and Varna —the two 'demonstration areas' in the east of the country —to carry out strategic reviews. These helped the authorities plan the health, education and social services they would need to replace all residential institutions and to ensure the new systems could be financially sustained in years to come. Lumos also supported the creation of Childhood 2025, an active group of NGOs in Bulgaria working to achieve a Dl programme.
- Lumos' small Ukraine team worked with local partners and regional authorities to assess the number of children in institutions and the reasons for their institutionalisation. There is a growing acceptance nationally of the case for deinstitutionalisation.

At a European level, in 2013 we saw the results of four years of advocacy —by a coalition of groups, with Lumos playing a leading role —to ensure that EU Structural Funds for 'social cohesion' purposes in Member States must be used to create family and community-based care, not to build or renovate institutions. underpinning that principle were passed by the European Parliament in November
2013. By that time, however, a long period of awareness-raising
on this issue meant officials to the extent that more than 6350 million in Structural Funding was granted on the basis that it would
support Dl. Lumos and others will continue their advocacy to ensure that Member States receiving EU funds abide by the pro-Dl 'conditions' attached to them. In November 2013, Lumos co-hosted a conference at the European Parliament, with
that we had already influenced European Commission
Adam Kosa MEP, which brought together a number of those involved advocacy so far.

+ The EU is the world's largest donor of aid for humanitarian and development purposes and Lumos, in 2014 and beyond, will work with the European Commission and Parliament to ensure the pro-Dl principle established for Member States is applied consistently across other categories of nation, outside Member States, which may receive aid funds —in the wider European region and worldwide. The influence of the European principle may reach even further. In 2013, Lumos became a key member of the Global Alliance for Children, whose partners include the US
Agency for International Development, the World Bank and large aid foundations in the US, Sweden and Switzerland. Lumos will work to ensure that the spirit of the principle established in the EU influences the decisions of these huge international funders —with the aim of supporting community services as opposed to institutions and so-called orphanages around the world.

J.K. Rowling has agreed that the money Lumos holds in reserves, primarily royalties from the sales of The Tales of Beedle the Bard, will be used to fund Lumos' core costs of administration and fund raising. In this way, 100% of money donated to Lumos or raised through fundraising activities will go directly towards Lumos' programmes.

J.K. Rowling —Lumos founder and Chair of Trustees - hosted a special family fundraising evening at the Warner Bros. Studio Tour —The Making of Harry Potter, which raised over 61 million in aid of Lumos. Sotheby's in London also auctioned the Lumos Maxima bracelet, a bespoke sterling silver charm bracelet based on designs by J.K. Rowling and inspired by her Harry Potter books. The auction raised 620, 000 for Lumos.

Lumos' Founder, J.K. Rowling, ended an eight-year tenure as Chair of the Board of Trustees and took up the new position of President of Lumos at the end of 2013. Neil Blair took up the post of Chair from 2014. Danny Cohen, Director of Television for the BBC, was appointed to the Lumos Board of Trustees

During 2013, Lumos continued to play an active part in the European Expert Group on the Transition to Community Care. The Guidelines and Toolkit on Deinstitutionalisation, which the group generated, are now available in 14 different languages.

Work with the UN Global Partnership for Children with Disabilities began, connecting Lumos with many other NGOs working in this field.

Plans for 2014 and beyond
Many countries in Europe now have Dl programmes in place to move from institutional to community-based care. With the precedent set for funding for Member States, through the Structural Fund Regulations, this principle of family based care should now be applicable to other countries who benefit from the EU through humanitarian aid and development purposes (E27bn available between 2014-2020).
This is why Lumos, in 2014 and beyond, will work with the European Commission and Parliament to ensure the principle is applied consistently across three other categories of nation, outside Member States, which may receive aid funds - pre-accession states in various stages of preparation for potential entry into the EU; 'neighbourhood' region states, including former Soviet countries as well as some in the Middle East/North Africa region; and developing countries in Africa, Asia and Latin America.
Whilst we recognise that a tipping point has been reached in Europe (and there is clearly still much to do in order to support countries through the Dl process), and also that in many countries in Europe rates of child institutionalisation are stabilising and reducing, the opposite is true in other parts of the world. In order to end the institutionalisation of children worldwide by 2040, Lumos must focus its efforts in 2014 to look globally at this issue, and take our mission and expertise outside Europe.

Restricted Funds: 475171 Pound fromCommission grant

Incoming resources

European Commission (EU)

Leonardo Grant (EU?)

Shunts for Romanian children

Supporting emergency
intervention in Bulgaria and
Ukraine

Reintegrating a child into a
family

Helping severely disabled
children experience life outside
an institution

Contribution to a special
education unit for severely
disabled children

Gifts in kind received towards
a fundraising event