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 documents related to how and when "the right to a family" became part of the European narrative, objectives, and the legal basis for this.

Yours faithfully,

Arun Dohle

Dear Justice and Consumers,

We have not received an acknowledgement of receipt.

Here our postal address.

Against Child Trafficking
Arun Dohle
c/o Crown Business Center Schiphol-Hoofddorp
Planetenweg 5
NL 2132 HN Hoofddorp

The time limit is 23 July 2018

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Sir,

Thank you for your e-mail dated 30/06/2018. We hereby acknowledge receipt of your application for access to documents, which was registered on 02/07/2018 under reference number GestDem 2018/3539.

In accordance with Regulation (EC) No 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 23/07/2018. In case this time limit needs to be extended, you will be informed in due course.

You have lodged your application via the AsktheEU.org website. Please note that this is a private website which has no link with any institution of the European Union. Therefore the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system.

Please note also that the European Commission is not responsible for any possible processing of personal data by the private organisation running the AsktheEU.org website, through which you have channelled your request. Please refer to their privacy policy.

Yours faithfully,
JUST ACCESS TO DOCUMENTS

Afficher les sections citées

Justice et Consommateurs

1 Attachment

 

 

Please find attached a fair solution proposal to your acces to documents
request GESTDEM/2018/3538.

 

 

Kind regards,

Secretariat of Unit C2 - Fundamental Rights Policy
DG Justice
European Commission
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

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3. http://ec.europa.eu/0-18/

Justice et Consommateurs

1 Attachment

 

Please find attached a reply to your access to documents request GESTDEM
2018/3539.

 

 

Kind regards,

Secretariat of Unit C2 - Fundamental Rights Policy
DG Justice
European Commission
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

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3. http://ec.europa.eu/0-18/

Dear Justice and Consumers,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Right to a Family'. GESTDEM 2018/3539

The reply that there is no information in file, is unsatisfactory.
In 2009 during the Joint Council of Europe and European Commission Conference Challenges in adoption procedures in Europe: Ensuring the best interests of the child 30 November - 1 December 2009 – Strasbourg, your Service announced:

"5. The definition of the child’s right to a family. Although this core principle is sometimes not uniformly interpreted at international level it should definitely be so at European level. By making the child’s right to a family an absolute principle it would always be possible to act in the child’s best interest, giving clear preference to the possibility of European adoption over institutionalization or long-term
foster care in the child’s country of origin. A shared interpretation of the principle of subsidiarity would be most welcome. "

The Right to A Family does not exist in international law.
It is a concept used by the pro-adoption movement.
Recently the European Commission is using the concept of a right to a family in public statements.

According to DG JUST no documents exist to back up this very controversial position, which represents a pro-adoption biased interpretation of international law.

Therefore, I would like this statement (no existing documents) to be reviewed.
And, if there are no documents, hence no administrative or political decision to use this non-legal concept, we would welcome a public statement to clear the position of the European Commission.

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

Yours faithfully,

Arun Dohle

EC ARES NOREPLY,

[1]Ares(2018)4080883 - RE: Internal review of access to documents request
- Right to a Family

Sent by ve_sg.accessdoc (SG) <[email address]>. All
responses have to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your email dated 02/08/2018 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
JUST in reply to your initial application GESTDEM 2018/3539.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 02/08/2018 (Ares(2018)4080770).

Your application will be handled within 15 working days (24/08/2018).  In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery.  Thank you for having provided your contact phone number, so
that the external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

Afficher les sections citées

Arun Dohle a laissé une remarque ()

Time Limit Confirmatory Appeal: 24 August 2018

Justice et Consommateurs

2 Attachments

Please find attached a reply to your access to documents request
2018/3538.

  

 

Kind regards,

Secretariat of Unit C2 - Fundamental Rights Policy   
DG Justice
European Commission
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

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2. http://ec.europa.eu/justice/fundamental-...
3. http://ec.europa.eu/0-18/

EC ARES NOREPLY,

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2018)4364187 - 1st holding letter - DOHLE - Gestdem 2018/3539

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Subject: Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 – GESTDEM 2018/3539

 

Dear Mr Dohle,

 

I refer to your email of 2 August 2018, registered on the same day , in
which you submit, a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (hereafter ‘Regulation
1049/2001’).

 

Your confirmatory application is currently being handled. Unfortunately,
due to on-going internal consultations, we are not in a position to reply
to your confirmatory request within the prescribed time limit which
expires on 24 August 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new time limit
expires on 14 September 2018.

 

I apologise for any inconvenience this delay may cause.

 

Yours sincerely,

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

 

References

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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

Dear Justice and Consumers,

Please forward to the General Secretariat.

Hereby I oppose your decision to extend the deadline with another 15 days. Internal consultation does not qualify as exceptional case under Regulation 1049/2001.

This request dates from 30 June. It is part of a larger issue, as you are certainly aware. Since 2007 the European Commission has step by step joined the adoption lobby and has promoted and applied a pro adoption biased version of international children's rights.

As you are also aware, this was the result of the European Commission's position taken during Romania's accession. This position was confirmed by an Independent Panel of EU Experts on Family Law. In short it entailed that (intercountry) adoption is not a measure of child protection, and EU Member States do not export their children. This position has been binned and reversed. A full u-turn. Basically mimicking some NGO campaigners.

For this to be able to happen, the former Task Manager of the Romanian Children File, Roelie Post, was removed from her job, already in 2005.

Catherine Day and Simon Mordue orchestrated, with the then Director General of DG ADMIN, a secondment to a newly set up NGO: Against Child Trafficking (ACT) in 2008. After letting her sit at home for years, being fully paid, but not given any job!

The idea behind the secondment was that ACT would work against the so-called adoption lobby. We did. Quite successfully we exposed the traffickers. We reported to the European Commission, who did not act and failed to report irregularities (fraud) to the European Anti Fraud Office OLAF.

The idea behind the secondment was also that Roelie would reintegrate the Commission once the adoption lobby had been neutralised.

Instead, after being told to come back in 2014, Mrs. Post was over a four year long period bullied out, and on the 1st of August 2018 removed from office. Fired, with a request for back payment of two years salary. Financially killed. Something which was told to her already in 2011, by the then Head of Unit of Human Resources of DG Enlargement: 'When you come back, the top level will financially kill you.'
We just could not believe it then.

Under these circumstances, your decision to add 15 working days in order to allow 'internal consultations' is not acceptable.

This request goes to the heart of the issue, which I started discussion with Catherine Day end 2012: Why did Roelie have to go, and why did the UN Convention on the Rights of the Child need to be replaced with the Hague Convention.

The Right to A Family. The Heart of the Issue.

We insist on a reply this week.

A reply that holds an acknowledgement of what happened, an apology to ACT. And, most importantly, to Roelie. And compensation for all involved: ACT and Roelie. To undo part of the enormous damage done.

For further information
Argos, Roelie Post, The Life of a Whistle-blower
http://www.againstchildtrafficking.org/2...

GSTV Roelie Post, In hiding and bullied out, EU whistle-blower speaks (English and Spanish sub-titles)
https://www.youtube.com/watch?v=gUa5q658...

Yours faithfully,

Arun Dohle

Regulation 1049/2001

2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given. 3. Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman, under the relevant provisions of the EC Treaty

EC ARES NOREPLY,

[1]Ares(2018)4447708 - RE: Internal review of access to documents request
- Right to a Family

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Dohle,

Thank you for your email dated 27th August. Regarding the treatment of you
confirmatory request (Internal Review of access to documents request)
registered on 2 August 2018, please be assured that we are doing our
utmost to provide you with a final reply final reply as soon as possible.

We apologise for this delay and thank you for your patience.

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

Afficher les sections citées

Arun Dohle a laissé une remarque ()

Extended Time Limit: 14 September 2018

Arun Dohle a laissé une remarque ()

The Commission's reply was sent to the wrong address, and thus connected to the wrong Ask the EU request.

Attachment:
http://www.againstchildtrafficking.org/w...

Secretariat General of the European Commission

September 14, 2018
Attachment ATT27357 1.jpg
1K Download
Attachment C 2018 6061 GESTDEM 2018 3539.pdf
232K Download View as HTML
Dear Arun Dohle,
Please find attached a copy of the confirmatory decision taken on your
request for access to documents registered under Gestdem number 2018/3539,
adopted on 13/09/2018 in the above-mentioned case.
Please note that the Secretariat-General of the European Commission will
proceed with the formal notification of the decision in the coming days.
This copy is solely sent for your information and is not the formal
notification of the confirmatory decision.

Best regards,

Gitte Louise Olsen
Access to documents team

European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]

Arun Dohle a laissé une remarque ()

Request transferred to DG Justice.
Time limit: 5 October 2018

Dear Justice and Consumers,

Please copy this to the Secretary-General.

In the reply we received on behalf of the College, signed by Mr. Selmayr, it was stated:

"I also note that in your confirmatory request you state that you would welcome a public
statement to clear the position of the institution in this regard. As this point does not fall
under the scope of a request for access to documents under Regulation 1049/2001 we
have transmitted it to the Directorate-General for Justice and Consumers."

We also never got a reaction to GestDem 2014/1402, which the General Secretariat also forwarded to you for response.

Awaiting your reply.

Yours faithfully,

Arun Dohle

Secretariat General of the European Commission

May 15, 2014
Dear Mr Dohle

Thank you for the acknowledgement. As your final point falls rather in the area of policy appreciation, I have sent this to DG JUST to see whether they would like to respond.

Yours sincerely

William Sleath

show quoted sections

Dear Justice and Consumers,

We did not receive any reply (GestDem 2018/3539 and GestDem 2014/1402), despite our reminder of 23 November 2018.

If no substantive reply received within 5 working days, we will turn to the European Ombudsman.

Yours faithfully,

Arun Dohle
Against Child Trafficking

Justice et Consommateurs

2 Attachments

Please find attached a reply to correspondence with the European
Commission.

 

 

[1]cid:image001.gif@01CEA8BC.E284B8F0
European Commission

 

DG  Justice and Consumers
Secretariat Unit 01 - Communication and strategic planning

MO59 07/21
B-1049 Brussels/Belgium
+32 2 297 62 14
[2][email address]

 

 

 

References

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