Request to access FRA information and documents (Judgement F-58/10)

Dear European Union Agency for Fundamental Rights,

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 and any documents setting out the steps taken by the Management team and Governing Board of the EU Agency for Fundamental Rights in response to the Judgment of the European Union Civil Service Tribunal in Case: F-58/10 (Psychological harassment – Administrative inquiry).

- All and any documents related to disciplinary actions undertaken against alleged perpetrators (Mr M. and Mr A.) and Director of FRA in Case: F-58/10, identifiable under this link http://curia.europa.eu/juris/document/do... .

- All and any documents and information related to paragraph 61 of the judgment T-58/10, paragraph which read as follows: “ However, it is not disputed that the IMR, of which the investigator was Chairman on the date he was appointed to conduct the inquiry, had concluded with the FRA a contract worth nearly EUR 500 000 for the submission of information to it concerning discrimination based on sexual orientation, between 2007 and 2008, in Denmark. Furthermore, when the investigator conducted the inquiry, that contract was capable of being renewed repeatedly in the future, as confirmed by the FRA during the hearing”.

- Information or / and documents related to the contract of Euro 500 000: if that half of million euro was paid from the EU public budget for assessing discrimination based on sexual orientation in one country / Denmark ?
(including the contract and tender file).

Yours faithfully,

Kurt Weiss

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Sent request to Agence des droits fondamentaux de l'Union européenne again, using a new contact address.

Mail Delivery System,

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A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[FRA request email]
SMTP error from remote mail server after initial connection:
host mail.fra.europa.eu [212.166.106.15]: 554-mailoffice.fra.europa.eu
554 Your access to this mail system has been rejected due to the sending MTA's poor reputation. If you believe that this failure is in error, please contact the intended recipient via alternate means.

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AsktheEU Admin a laissé une remarque ()

There was an email problem, but you can follwo this request here: http://www.asktheeu.org/en/request/reque...

Dear European Union Agency for Fundamental Rights,

I would like kindly to remind you that in accordance to provision of law I am entitled to a reply following my initial application to access documents/information.
The relevant deadline was 8 may 2013.
May I kindly ask you to reanalyze my request?. Thank you.

Yours faithfully,

Kurt Weiss

EU Agency for Fundamental Rights (FRA), Agence des droits fondamentaux de l'Union européenne

1 Attachment

Dear Mr Weiss,

 

Thank you for your email.

Would you please be so kind to remind us about the subject of your
inquiry? We will do our best to assist you.

 

Best regards,

The FRA Information Team

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [1]http://fra.europa.eu | [2]Facebook | [3]Twitter |
[4]YouTube | [5]LinkedIn

 

Did you know that 26% of LGBT people surveyed said they experienced
violence in the last 5 years? To find out more: [6]FRA's LGBT survey,
online 17 May.

References

Visible links
1. http://www.fra.europa.eu/
2. http://www.facebook.com/fundamentalrights
3. http://twitter.com/#!/EURightsAgency
4. http://youtube.com/user/EUAgencyFRA
5. http://www.linkedin.com/company/eu-funda...
6. http://fra.europa.eu/en/event/2013/prese...

Dear EU Agency for Fundamental Rights (FRA),

The subject of my request to access information and its content is specified in my original application.
Please find it below together with my confirmatory application to review your decision above, which I interpret as a rejection of initial application.

Confirmatory application-
Please review your decision to reject my initial application to have access to the following information and documents:

- All and any documents setting out the steps taken by the Management team and Governing Board of the EU Agency for Fundamental Rights in response to the Judgment of the European Union Civil Service Tribunal in Case: F-58/10 (Psychological harassment – Administrative inquiry).

- All and any documents related to disciplinary actions undertaken against alleged perpetrators (Mr M. and Mr A.) and Director of FRA in Case: F-58/10, identifiable under this link http://curia.europa.eu/juris/document/do...
.

- All and any documents and information related to paragraph 61 of the judgment T-58/10, paragraph which read as follows: “ However, it is not disputed that the IMR, of which the investigator was
Chairman on the date he was appointed to conduct the inquiry, had concluded with the FRA a contract worth nearly EUR 500 000 for the submission of information to it concerning discrimination based on
sexual orientation, between 2007 and 2008, in Denmark. Furthermore, when the investigator conducted the inquiry, that contract was capable of being renewed repeatedly in the future, as confirmed by
the FRA during the hearing”.

- Information or / and documents related to the contract of Euro 500 000: if that half of million euro was paid from the EU public budget for assessing discrimination based on sexual orientation in
one country / Denmark ?
(including the contract and tender file).

My request to access documents and information is not a matter of inquiry, but a matter of rights stipulated in the EU Treaties and FRC.

Yours faithfully,

Kurt Weiss

EU Agency for Fundamental Rights (FRA), Agence des droits fondamentaux de l'Union européenne

Dear Mr Weiss,

We acknowledge receipt of your two requests of 29 April 2013 made via the site www.asktheeu.org on the “Tender file for contract procedure "Data Collection in the European Union"” and on “Request to access FRA information and documents (Judgement F-58/10)”.

Please be informed that under Article 4 (3) of Regulation 1049/2001, the Agency may give you access to (some of) the documents requested. However, this same Regulation also states that there are documents which cannot be disclosed. These include:
- documents relating to a matter where no decision was taken, as public disclosure would seriously undermine the Agency’s decision-making process;
- documents containing opinions for internal use as part of deliberations; and
- documents whose disclosure would undermine the protection of court proceedings against the Agency.

In view of the large number of files in the tender procedure on data collection, we would please need your contact details in order to proceed to send them by post. For the other documents requested, could you please provide us with your telephone number, so we can further clarify your request to ascertain which documents we can provide according to the Regulation above. The above mentioned information is also necessary to identify that you are an EU citizen as provided by the Regulation.

Sincerely,

Waltraud Heller
FRA Communication Team

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn

Did you know that 26% of LGBT people surveyed said they experienced violence in the last 5 years? To find out more: FRA's LGBT survey, online 17 May.

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Dear EU Agency for Fundamental Rights (FRA),

Thank you for your reply.
The asktheeu.org website provides support to EU citizens as to their fundamental right to access documents and information. The scope of requests made via asktheeu.org website is to make the documents in question available to the public (EU taxpayers). If one wants to have those documents only for him can follow the direct way, asking that documents are transmitted to his email or home.

The documents I requested are of relevance for EU public. I request access to those documents via asktheeu.org and would like to receive it in a transparent way via this website. The Electronic way of transmission is cheaper than hard copy transmission, postal taxes, etc. and most important it ensures the practical applicability of the EU transparency principle.

As can be seen in asktheeu.org website several EU institutions submitted their responses to the EU citizens via this website in electronic version, without requesting them to produce ID identification, questioning if the applicant is indeed EU citizen.
These EU institutions have a minimal trust in EU citizens who exercises their rights to access documents, right which as a matter of fact is a main object of activity within FRA competence and jurisdiction. Please make a browsing in the asktheeu website and identify how many EU institutions requested ID documents from the applicants asking them to prove their citizenship.

Such request of an ID proving citizenship, coming from an agency in charge with Fundamental Rights as FRA is at least questionable and I kindly invite you to contemplate on your request. Apologies would be accepted by all citizens, including those outside EU boundaries. Do you really believe that citizens from Australia or United States of America or Africa would apply to have access to a tender file of FRA?

I take note about the list of documents which cannot be disclosed, and which you kindly provided me above with first priority. Could you please send me also the list of documents which can be disclosed?
Would be possible to address also the other issue ref. documents related to the implementation of Judgment 58/10?

Yours sincerely,

Kurt Weiss

Dear EU Agency for Fundamental Rights (FRA),

Official Journal of the European Union provides relevant information to the EU public as to the FRA tender procedure I requested access (data collection and research services on fundamental rights issues). The communication is accessible from here:
http://ted.europa.eu/udl?uri=TED:NOTICE:...

As can be seen the related contracts concluded are of EUR 12 000 000 per each country.

Then, in the same transparent manner, the European Union portal EURLEX informs the EU public that one court case was brought against FRA in relation to this tender procedure of EUR 12 000 000 per each country.
This communication is accessible from here:
http://eur-lex.europa.eu/LexUriServ/LexU...

As can be seen in the public text: “the applicant relies on one main plea in law, alleging that the Agency failed to provide reasons for its decision. It further contests the substance of the evaluation of tendering bids, alleging that the latter had been arbitrary, unreasonable and unlawful”.

Therefore one of the aspects is that apparently FRA did not provide to this bidder access to information and related documents and he remained with no option than to bring his case before the EU Court.

Then, the EU portal relevant to archive of EU Court`s judgments and orders informs the EU public that the respective bidder discontinued the case.

That public communication is accessible from here:
http://curia.europa.eu/juris/document/do...

I request access to the respective tender file because the contractual amount is finally paid from EU taxpayer’s money and the EU public has right to know the reasons FRA rejected initially access to information.

Apparently FRA provided this access only after the case was brought before the Court. Such a rejection is costly for EU taxpayers. As well the related delay.

I want to outline how a non-observance of some fundamental rights of one bidder (i.e. access to information and right to have his decision motivated) generated unnecessary costs to be paid by taxpayers.

I requested access to relevant info and docs because this had happened in the jurisdiction of FRA, designated by European Parliament and Council as watch dog in area of respecting fundamental rights in the EU and making them a reality of everybody or anybody.

Access to info and docs provided in due time and right to have a decision adversely affecting someone, represents very important fundamental rights.

As can be seen in communication above, the respective bidder also contested the substance of the evaluation of tendering bids, alleging that the latter had been arbitrary, unreasonable and unlawful. The EU public is entitled to know if that bidder made such allegations in an unfounded manner or in a legit manner.

If unfounded, then FRA should have recovered legal costs paid, because in the Order of the EU Court is written that the bidder “sought no order as to costs” and that “Each party shall bear its own costs.” So FRA paid legal costs, either because of its wrong rejection of access to information requested by that bidder either unjustifiably accepted not to recover from that bidder the legal costs incurred, if he brought the case before the Court in an unfounded manner and also made unfounded allegation against FRA.

Whilst I am not required to provide reasons as to my request, this is the frame I request access to the tender file in question. Please feel free to make anonymous the names of agents who acted in behalf of FRA as experts in evaluation of bids. Naturally, the request refers also to access relevant documents related to evaluation.

Yours sincerely,

Kurt Weiss

EU Agency for Fundamental Rights (FRA), Agence des droits fondamentaux de l'Union européenne

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn

The EU as a community of values: safeguarding fundamental rights in times of crisis - read more in the FRA 2012 Annual Report Focus, due out 19 June
Helping to make fundamental rights a reality for everyone in the European Union________________________________________
From: EU Agency for Fundamental Rights (FRA)
Sent: 04 June 2013 18:27
To: [email address]
Subject: RE: access to information request - Request to access FRA information and documents (Judgement F-58/10)

For the attention of:
Mr Kurt Weiss
E-mail: via asktheeu.org

Vienna, 04 June 2013
Ref: 2013-outgoing- 000838

Subject: Request to access FRA information and documents (Judgement F-58/10)

Dear Mr. Weiss,

We refer to your e-mail dated 29/04/2013 and 09/05/2013, our reply dated 13/05/2013, your e-mail dated 13/05/2013, our reply dated 16/05/2013, your two e-mails dated 17/05/2013, and one e-mail dated 21/05/2013.

Please kindly note that there are still outstanding issues to clarify with you regarding the legitimacy of your request for access to documents over the Case F-58/10 and the Case T-397/11 (referred to in your e-mail of 17/05/2013). As you may know, the Agency shall take into consideration the limits imposed by the Union legislation in a matter where the personal data have to be protected. As established by the European Court of Justice in the Bavarian Lager judgement (Case C-28/08), referring to the provisions of Article 8 (b) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the personal data, it does not suffice for the recipient to simply invoke the general interests of transparency when requesting access to a document which contains personal data. For this reason, you have been requested in our initial answer to provide us with more information on yourself with a view to ensuring that you have a legitimate justification to be allowed to get access to the information requested.

Based on this article, the Agency must also analyse and balance the different interests at stake, in particular whether there is any reason that legitimate interests of the data subjects might be prejudiced.

Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to be refused if its disclosure would undermine the protection of privacy and the integrity of the individual, in particular with the protection of personal data.

In case you provide the above information, the Agency needs an extension of the time-period initially allowed, for further 15 calendar days, following the date of reception of your confirmatory application provided that, in the meanwhile, the pre-requisite justifications from your side have been supplied to the Agency.

In case you disagree with the above assessment you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, to make a confirmatory application requesting the Agency to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this letter to the Agency at the following address:
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna,
Austria
Tel: +43 1 58030-0
Email: [email address]

With regards to your request dated 29 April, point three related to recital 61 of judgment F-58/10, please be informed that:
 The contract was signed on the 4.11.2007 with the Danish Institute for Human Rights for an amount of 499,586 Euros.
http://fra.europa.eu/sites/default/files...
 The validity of the contract was of one year with no possibility of renewal.
http://fra.europa.eu/en/call-for-tender/...
As it is mentioned in the link above (including the contract and the tender file) the exact title of the tender is “Comparative study on the situation concerning homophobia and discrimination on grounds of sexual orientation in the EU”. The study was not limited to Denmark but rather to the whole EU.

Sincerely,
[Signed]
Waltraud Heller
FRA Communication Team

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