Unjustified refusal of FRA to provide requested information ( Essays and "Charter of Fundamental Rights to be re-written as 80-minute-long epic poem" )
Ernst Sorenson a fait une demande de Accès à l'information à Agence des droits fondamentaux de l'Union européenne
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear European Union Agency for Fundamental Rights,
In accordance to Regulation 1049/2001 I hereby submit a common confirmatory application for the both rejections specified above.
I also complain about the attitude of FRA by referring me to DIHR in order to receive the requested replies. First, DIHR is not covered by Regulation. Second, the Director of FRA was Director of DIHR before to start to work for FRA. I request an appropriate attitude and approach, as stipulated in Code of Good Administrative Behavior, Council Regulation 1049 and EU Treaties.
For instance, the request called "Use of EU funds at FRA" refers strictly to FRA, to its Director and a fraud scandal. I do not understand why FRA send me to DIHR in order to receive the requested replies. That text reads as follows:
"The Danish Institute for Human Rights (DIHR), which was headed by Morten Kjaerum prior to his current posting as Director of the EU Fundamental Rights Agency, is currently at the focus of a major corruption scandal. Allegedly, the Institute has used fraudulent accounting practices to conceal that it spent over three million Danish crowns on projects that never existed. As the fraud is said to have taken place during Mr. Kjaerum’s tenure as the Institute’s director, a Member of the European Parliament has now called on the EU to take a close look at the accounting of the EU Fundamental Rights Agency".
The second request refers to conflict of interest in respect of FRA director past job as Director at DIHR. As presented in many sections of this website, he awarded contacts to DIHR amounted to over one million euro as presented in this website. Then he refused to grant access to those contracts invoking protection of individual`s right for privacy.
As an EU citizen I am very preoccupied about such attitude of FRA Director. Why such rejections? Why this lack of transparency? If there is nothing to hide, why the access is not granted at least partially or blanked where necessary?
As to the second request, I am concerned that a Director of an EU agency for fundamental rights and his spouse wrote essays on his own honor and titled those essays as:
- "Implementing human rights : essays in honour of Morten Kjærum". See here http://www.worldcat.org/title/implementi...
- "At the Frontier of Human Rights Law : Human Rights and Biotechnology - Undertitel: Essays in Honour of Morten Kjærum " See here http://jura.ku.dk/ansatte/publikationsde...
Mr Kjærum represents the entire EU in respect of this segment related to Fundamental Rights. I see that in his previous position as Director at DIHR, implementing human rights were done by using also this original method: by writing essays on its own honor or essays by his spouse titled as shown in the link above. For me this is weird.
Therefore I legitimately requested relevant info on those essays because it is strange and seems unnatural to write essays on your own honor. I wanted to know if that counted when European Commission nominated Mr Kjaerum as Director of an agency for fundamental human rights.
To be stressed that similar approach continues at FRA and Mr Kjaerum, nothing less - nothing more, took the steps to put the Fundamental Rights Charter in rimes as a kind of poem.
From Essays there was a jump to Poems, but this time on EU citizens' money.
See here http://euobserver.com/justice/29798 a press article called "Charter of Fundamental Rights to be re-written as 80-minute-long epic poem". This sounds that somebody plays games with public money. This is why I request proper replies from FRA.
I request that my requests are reviewed in the frame of this common Confirmatory Application.
To the attention of:
Mr Ernst Sorenson
Vienna, 19 July 2013
Subject: Your requests of access to documents and information
registered under reference number 2013-incoming-001118,
2013-incoming-000886 and 2013-incoming-000884
Dear Mr Sorenson,
We refer to your email of 29 June 2013 requesting information on essays
and press article in EU Observer, and launching a confirmatory application
for your two requests published under following links:
Request No. 2013-incoming-000886:
Request No. 2013-incoming-000884:
FRA has thoroughly considered your confirmatory application received on 29
June 2013 and resubmitted on 9 July with request for additional
information, and has reached the following conclusions.
We would like to reiterate our previous two replies of 26 June 2013 in
which the requested information was provided. As FRA doesn’t hold
documents that could meet your request, in line with Article 6.4 of the
Regulation (EC) 1049/2001, we provided to you information on how and where
applications for access to documents can be made. Please note that
further information on your specific requested concerning Danish Institute
for Human Rights was also provided to you in our latest reply sent to you
on 5 July 2013 and published under following link:
Please note that the two abovementioned requests for access to documents
have not been refused, and therefore a confirmatory application does not
seem to be pertinent, as this applies to cases when an access to documents
is refused or partially refused.
Further, your third email with request for information was received on 29
June 2013 and registered under number 2013-incoming-001118 (available
under the following link:
FRA has thoroughly analysed this in accordance with the Code of good
Please note that FRA has no control and may assume no responsibility for
any opinion expressed by third parties in media. As mentioned in our
previous correspondence, FRA holds no information in this regard. We
invite you therefore to address your questions directly to the publishers
of both the articles and essays you mentioned in your request.
In respect to point concerning "Charter of Fundamental Rights to be
re-written as 80-minute-long epic poem”, we would like to clarify that
although the procurement procedure was launched the project itself was
Moreover, we would like to draw your attention to provisions laid down in
the Code of good administrative behaviour (European Ombudsman Code), in
particular Article 14.3 thereof stating that the rules on dealing with
enquiries “(…) do not apply to correspondence which can reasonably be
regarded as improper, for example, because it is repetitive, abusive
and/or pointless.” The Agency reserves the right to discontinue any such
exchange of correspondence.
Please take note of means of redress available to you against decisions
laid down hereby. You may either bring procedures before the General Court
or file a complaint with the European Ombudsman under the conditions
specified respectively in Art. 263 and 228 of the Treaty on the
functioning of the European Union, and the Regulation (EC) 1049/2001.
European Union Agency for Fundamental Rights
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
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The EU as a community of values: safeguarding fundamental rights in times
of crisis - read more in the FRA 2012 Annual Report Focus.
Dear European Union Agency for Fundamental Rights,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of European Union Agency for Fundamental Rights's handling of my FOI request 'Unjustified refusal of FRA to provide requested information ( Essays and "Charter of Fundamental Rights to be re-written as 80-minute-long epic poem" )'.
Please review my confirmatory request. Partial access to information and documents is accepted.
A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/unjus...
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