Letter to Chair Independent Panel of EU Family Law Experts

Arun Dohle made this access to documents request to Neighbourhood and Enlargement Negotiations 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.

The request was partially successful.

Dear Neighbourhood and Enlargement Negotiations,

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:

Letter dated 5 April 2005

ELARG/A3/KT 9D(2005) 1789

Yours faithfully,

Arun Dohle

NEAR-ACCDOC@ec.europa.eu,

Dear Sir or Madam,

We are writing to you concerning your request for access to documents sent
on 31/01/2025 and registered on 31/01/2025 under case number 2025/0536.

Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.

You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.

Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.

Why do we need your personal postal address?

Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:

• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.

The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.

Yours faithfully,

Directorate-General for Neighbourhood and Enlargement Negotiations -
Access to Documents
European Commission

References

Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...

Dear Neighbourhood and Enlargement Negotiations,

Against Child Trafficking
Keizersgracht 482
1017EG Amsterdam

MENA-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

 

 

 

NEAR-ACCDOC@ec.europa.eu,

Dear Sir or Madam,

We hereby acknowledge the receipt of your request for access to documents
sent on 31/01/2025 and registered on 02/02/2025 under the case number
2025/0536.

We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 24/02/2025. 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,

Directorate-General for Neighbourhood and Enlargement Negotiations -
Access to Documents
European Commission

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Neighbourhood and Enlargement Negotiations

Dear Sir,

We are writing concerning your request for access to Commission documents
registered on 31 January 2025 under case number EASE 2025/0536.

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. We will not be able to send you the reply within the
prescribed time limit expiring today.

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 17 March 2025.

We apologise for any inconvenience this may cause.

Kind regards,

ENEST ACCDOC Team

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...

Arun Dohle left an annotation ()

17 March 2025

Dear Neighbourhood and Enlargement Negotiations,

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 'Letter to Chair Independent Panel of EU Family Law Experts'.

The legal time limits has expired.

We see no reason this document could not be retrieved.
We provided date and registration number.
It is just one document.

A Pattern?!

We do worry that there seems to be a pattern regarding the Independent Panel of EU Family Law Experts. A pattern of scorched-earth strategy, were the words of former EP President Schulz' Legal Advisor - when we presented the whistleblower letter of Mrs. Roelie Post in 2016.

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

Yours faithfully,

Arun Dohle

ENEST-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Mr Dohle,

Please bear in mind that since the organizational changes that took place on the 1st of February, your ongoing requests with DG NEAR are now handled by DG ENEST (Enlargement and Eastern Neighbourhood).

The document was retrieved and the letter replying to your application is currently on the signatory chain to be signed by our hierarchy. You will receive our reply in the coming days. If you are still willing to launch a confirmatory you will retain that possibility.

In addition, we would kindly advise you to make use of the dedicated European Commission platform (https://ec.europa.eu/transparency/docume...) to launch your requests for access to documents. It allow us to handle the files more effectively and you would have a direct option to launch a confirmatory if needed.

Thank you.

Kind regards,
ENEST R2 Legal Team

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Dear [email address],

Thank you.

We launched the confirmatory appeal on 4 April 2025.
Whether or not you retrieved the letter, does not matter.
Let's just follow procedures.

The time limit is therefore 25 April 2025.

Yours sincerely,

Arun Dohle

ENEST-ACCDOC@ec.europa.eu, Neighbourhood and Enlargement Negotiations

Dear Mr Dohle,

 

Please let me remind you, that as it is detailed in all our responses to
every access to documents request when access is refused, the procedure to
launch a confirmatory is not writing to us but to the Secretariat-General,
so we would be grateful if procedures would be followed from the side of
the applicants too. This facilitates the correct processing of
confirmatory applications.

 

We copy here below for your information, the proper procedure:

 

Means of redress

For the sake of good order, I further refer to Article 7(2) of Regulation
(EC) No 1049/2001. Pursuant to this Article, you are entitled to make a
confirmatory application requesting the Commission to review this
position.

Such a confirmatory application should be addressed to the
Secretary-General of the Commission within 15 working days upon receipt of
this letter and can be submitted in one of the following ways:

by asking for a review via your ‘EASE’ portal ([1]^^[1]) account
(available only for initial requests submitted via the portal account)

or by mail:

 

European Commission

Secretariat-General

Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076

B-1049 Bruxelles/Brussel

or by email to: [2][email address]

 

In addition, when you send a confirmatory request for lack of initial
reply, which is what you are doing now, the action requested from the DG
in charge is to send you the initial reply. You will receive it today, as
we already told you that it was in the process to be signed and it would
be sent in the coming days. There is not a revision from scratch by the
Secretariat-General as with the standard confirmatory application when you
are not satisfied with the content of the reply.

 

Have a nice day.

 

ENEST ACCDOC Team

 

 

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Neighbourhood and Enlargement Negotiations

2 Attachments

Hello,

Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2025/0536.

Please acknowledge the receipt of this message by return email.
Kind regards,