Case law overview and templates for Regulation 1049
Alexander Fanta made this access to documents request to European Parliament Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear European Parliament,
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
Our reference: 2023-3703
Dear Mr Fanta,
The European Parliament hereby acknowledges receipt of your message, which
was registered on December 11, 2023.
All applications for public access to documents are treated in compliance
with Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access
to European Parliament, Council and Commission documents.
In accordance with the above-mentioned Regulation, your application will
be handled within 15 working days upon registration of your request.
Your personal data will be processed in accordance with Regulation (EU)
2018/1725 of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data. A
detailed privacy statement is available [1]here.
The European Parliament reserves the right to ask for additional
information regarding your identity in order to verify compliance with
Regulation (EC) No 1049/2001 and the European Parliament’s implementing
measures.
Your attention is drawn to the fact that you have lodged your application
via the AsktheEU.org website, which is a private website not officially
related to the European Parliament. Therefore, the European Parliament
cannot be held accountable for any technical issues or problems linked to
the use of this system.
In addition, please note that any personal data that you provide by using
AsktheEU.org website may be disclosed to the general public and visible on
this private website. The European Parliament cannot be held responsible
for such disclosure. Should you need to communicate directly to Parliament
any personal data and would like to avoid public disclosure, you may do so
from your private email address by using the following functional mailbox
address: AccesDocs(at)europarl.europa.eu
Best regards,
TRANSPARENCY UNIT
European Parliament
Directorate-General for the Presidency
Directorate-General for Interinstitutional Affairs and Legislative
Coordination
[2][European Parliament request email]
[3]www.europarl.europa.eu/RegistreWeb
References
Visible links
1. https://www.europarl.europa.eu/RegistreW...
2. mailto:[European Parliament request email]
3. http://www.europarl.europa.eu/RegistreWeb
Our reference: 2023-3703
Dear Mr Fanta,
With regard to your request concerning the basis of the Transparency
Unit's work in handling applications for public access, we would, first,
like to draw your attention to the fact that the Transparency Unit
operates in accordance with official staff guidance, which has been
published on Parliament's Public Register of Documents [1]here, as well as
the relevant Bureau decisions of [2]2001 and [3]2008. In terms of the
applicable case law, the Transparency Unit refers to the relevant chapter
of the [4]digest of the case-law of the European Court of Justice.
Moreover, the Transparency Unit handles all applications for public access
to documents on a case-by-case basis, in particular regarding the
specific procedural steps that strongly depend on the individual
characteristics of each application. Naturally, standard text elements are
used for acknowledgements of receipt, such as the one that has been sent
to you in light of this application, and which are sent automatically when
applicants use the [5]official form on Parliament's website to lodge
applications. Please be aware that even acknowledgements of receipt are
individualised before they are sent to the applicant.
With this response, Parliament considers your request as handled and the
file closed. Please don't hesitate to get back to us, should you wish to
request access to other specific documents of the European Parliament.
Best regards,
TRANSPARENCY UNIT
European Parliament
Directorate-General for the Presidency
Directorate-General for Interinstitutional Affairs and Legislative
Coordination
[6][European Parliament request email]
[7]www.europarl.europa.eu/RegistreWeb
References
Visible links
1. https://www.europarl.europa.eu/RegistreW...
2. https://eur-lex.europa.eu/legal-content/...
3. https://www.europarl.europa.eu/RegData/P...
4. https://curia.europa.eu/common/recdoc/re...
5. https://www.europarl.europa.eu/RegistreW...
6. mailto:[European Parliament request email]
7. http://www.europarl.europa.eu/RegistreWeb
Dear European Parliament,
I feel that your reply falls short of my actual request. Indeed, I asked for templates to replies, which you referred to as textual elements, could you make these available? And as regards the case law, I note that the Court site you referred to appears quite outdated, while your replies are usually up to date on case law. So could it be that you have a working document with references to the latest cases applicable, for instance the De Capitani case?
Yours faithfully,
Alexander Fanta
Dear Mr Fanta,
To better explain our response, we would like to clarify that we referred
to text elements because such elements are added not manually from a
document (e.g. copy-paste) but by software, and only then appear in the
actual acknowledgements of receipt that you receive when you lodge an
application for public access. In terms of case law, as far as we are
aware, the répertoire is continually updated, with newer decisions tending
to appear towards the bottom, for instance, the case you refer to is
extensively treated [1]here. It was also communicated in the [2]monthly
bulletin for January 2023. Furthermore, it is possible to use the search
function of the website of the court in order to establish a complete list
of all 521 cases that touch upon Regulation (EC) No 1049/2001, [3]here.
The same search function can also be used to search with regard to
specific exceptions, procedural aspects, etc.
We hope you find this clarification useful.
Best regards,
TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for
Interinstitutional Affairs and
Legislative Coordination
[4][European Parliament request email]
[5]www.europarl.europa.eu