Case law overview and templates for Regulation 1049
Alexander Fanta made this access to documents request to Secretariat General of the European Commission This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Secretariat General of the European Commission,
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 providing insights into case law on Regulation 1049/2001. This is meant to include any documents containing a case law overview, internal manuals, instructions or FAQs used by the Transparency Unit.
- Any templates for replies to access to documents requests. This includes standard responses that a request has been registered or that a request has not been registered; concerning wide-scope requests; concerning "fair solutions"; "holding replies"; third party consultations. This is meant to apply to templates for both initial as well as confirmatory applications.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 11/12/2023 and registered on 11/12/2023 under the case number
2023/7330.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 10/01/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr Fanta,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/7292.
Kind regards,
DG CONNECT Access to Documents Team
European Commission
Rue de la Loi 51
B-1040 Brussels/Belgium
Dear Mr Fanta,
We refer to your request for access to documents, registered under the
reference number 2023/7292.
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, which expires today.
An extended time limit is needed as your application concerns a very 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) 1049/2001 regarding public
access to documents. The new time limit expires on 30 January 2024.
We apologise for this delay and any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
European Commission
Rue de la loi, 51
B-1049, Brussels/ Belgium
Dear Mr Fanta,
We are writing concerning your request for access to Commission documents
registered on 11/12/2023 under case number EASE 2023/7330.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. Due to the need to conduct internal consultations, we will
not be able to send you the reply within the prescribed time limit
expiring on 10/01/2024.
Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 31/01/2024.
We apologise for any inconvenience this may cause.
Kind regards,
SG.C1 - Transparency, Document Management and Access to Documents
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Mr Fanta,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/7330.
Please acknowledge the receipt of this message by return email.
Kind regards,
SG.C1 - Transparency, Document Management and Access to Documents
Dear Mr Fanta,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/7330.
Please acknowledge the receipt of this message by return email.
Kind regards,
SG.C1 - Transparency, Document Management and Access to Documents
Dear Secretariat General of the European Commission,
I am filing the following confirmatory application with regards to my access to documents request 'Case law overview and templates for Regulation 1049'.
The Commission has refused access to its collection of case law, document 43, based on the exceptions for the protection of legal advice and ongoing decision-making.
I will dispense with the pretence at legal arguments, as I can not match your collection of case-law wisdom, and stick with common-sense arguments. I do not believe that disclosure of the document in question can be said to harm the Commission’s ability to obtain legal advice, as I do not see how public perception of the Commission’s engagement with access to documents requests could be meaningfully altered by public understanding of the Commission’s interpretation of the case law.
To the contrary, I argue that public scrutiny of the Commission’s amassed knowledge in this regard is not a threat to the Commission’s actions, but a a chance at creating a better understanding of the official point of view, therefore allowing improved access for the public. Releasing the document in question should be considered a public service by the Commission, as it would allow citizens’ to have the same level of legal guidance as it affords its own case handlers.
As regards the Commission’s argument that it must protect its decision-making, I would like to point out that the document in question does not, as I understand it, pertain to any one ongoing decision, but is of a general interpretative nature. I therefore question whether this exception applies at all.
As for the Commission’s ability to “ponder serenely” any given request without “caus[ing] confusion to the public”, I believe that this ability would be unharmed by disclosure. The public is perfectly able to understand the nature of a document such as this, which is meant to provide guidance to staff without “necessarily reflect[ing] the final position” of the EU. As stated above, I think that disclosure would be a measure of fairness to the public, which should be allowed to understand the official interpretation of rules that guide its access to a fundamental right under the Charter, Article 42.
For the reasons given above, I also believe there is an overriding public interest in disclosure of the document in question. Refusal to disclose it would give rise to the impression that interpretative tools in the hands of Commission staff are used against, rather than for the benefit of, the public. I also believe that the public interest to aid access to a fundamental right is quite obvious, as disclosure would help citizens formulating better crafted requests. An improved public understanding of the case law, ultimately, would also benefit the Commission as it would likely lead to more requests being within the boundaries of the case law, thereby streamlining the institutional response.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/7330, sent on 19/01/2024 and registered on 19/01/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 09/02/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Mr Fanta,
We refer to your request for access to documents, registered under the
reference number EASE 2023/7292.
Unfortunately, we were not able to send the reply to your application
within the given time limit, which expired yesterday.
You will receive the answer to your application as soon as possible.
We apologize for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/7292.
Please acknowledge the receipt of this message by return email.
Kind regards,
DG CONNECT Access to documents Team
Dear Applicant,
We are writing concerning your confirmatory request for access to
Commission documents for case 2023/7330 registered on 19 January 2024.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. We will not be able to send you the reply within
the prescribed time limit expiring on 9 February 2024, due to ongoing
internal consultations.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 1 March 2024.
We apologise for any inconvenience this may cause and thank you very much
in advance for your kind understanding.
Kind regards,
SG.C1 Access-to-Documents Team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2023/7292, sent on 09/02/2024 and registered on 09/02/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 01/03/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Mr Fanta,
We refer to your email, registered on 9 February 2024, by 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 ("Regulation (EC) No 1049/2001"), registered
under reference number above.
Your confirmatory application is currently being handled.
Unfortunately, we have not yet been able to finalise the internal
consultations needed to carry out a full analysis of your request and to
take a final decision. Therefore, we are not in a position to reply to
your confirmatory request within the prescribed time limit which expires
on 1 March 2024. Consequently, we have to extend this period by another 15
working days in accordance with Article 8(2) of Regulation (EC)
No1049/2001. The new deadline expires on 22 March 2024.
We regret this additional delay and sincerely apologise for any
inconvenience this may cause. However, we can assure you that we are doing
our utmost to provide you with a final reply as soon as possible.
Yours sincerely,
SG.C1 ACCESS TO DOCUMENTS TEAM
Dear FANTA, Alexander,
Please find attached the electronic version of European Commission
Decision C(2024)1894 as adopted by the European Commission on 18/03/2024
concerning the request 2023/7330.
In accordance with the Terms and Conditions of this portal, please note
that this decision is being formally notified pursuant to article 297 TFEU
through this electronic platform only.
Yours sincerely,
Access to Documents Team
European Commission SG C1
Dear Sir,
Please find attached the electronic version of Commission Decision C(2024)
1894 final as adopted by the European Commission on 18.03.2024.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Access to documents team - dd
SG.C.1
Transparency