Nomination Fiona Scott Morton - all information exchanged in the process leading to her nomination and her withdrawal
Dear Secretariat General of the European Commission,
- I am Xavier Azalbert a journalist with FranceSoir.fr a media published by the company SHOPPER UNION France https://www.francesoir.fr/. France-Soir is a media for political and general information https://www.francesoir.fr/mentions-legales
Article 15 TFEU provides, inter alia, that: "Each institution, body, office or agency shall ensure the transparency of its work and shall lay down in its rules of procedure specific provisions concerning access to its documents, in accordance with the regulations referred to in the second subparagraph". The Members of the Commission are officials and within the scope of their duties they act as depositaries of official authority delegated the authority of the Member States, including France.
Fiona Scott Morton was announced as the Commission's Directorate-General (DG) for Competition on 11 July 2023 without any prior notice. On July 19th European Commission Vice-President Margrethe Vestager announced Fiona Scott Morton's withdrawal through a communication on the EU website and Twitter.
- https://ec.europa.eu/commission/presscor...
- https://twitter.com/vestager/status/1681...
As a journalist, under the right to Transparency and under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, as I am preparing an article on the process leading to Fiona Scott Morton's nomination and her withdrawal from the role I am requesting :
1 - the details of the recruitment process leading to the nomination of Mrs Scott Morton - this includes any documents on the role description, the criteria for selection and decision
2 - the list and names of people involved in the preparation of such documents
3 - The selection criteria for the role were modified. What are the documents justifying for this modification.
4 - The list and names of advisors/lawyers and recruitment companies involved in the selection and interview process, including the contracts and the fees paid for such services
5 - Any electronic communication between the EU commissioners, the EU president von der leyer, Mrs Vestager on the recruitment process and the selection of Mrs Scott Morton. As well as any communication between the same as above and the recruitment agencies or lawyers involved in the process.
6 - Any electronic communication between the EU commissioners, the EU president and VP with any US government officials including White House officials on the topic of the recruitment of Mrs Scott Morton
7 - Any electronic communication between the EU commissioners, the EU president and VP with the head of the EU member states on the topic of the recruitment of Mrs Scott Morton. This would include information memo on the recruitment process and updates as well as observations or critics for the member states for the entire period leading to her nomination and withdrawal
8 - As Mrs Scott Morton was nominated, a contract must have been signed. Please provide such contract and all elements leading to signature, including the law firms involved.
9 - Mrs Scott Morton withdrew through a letter to EU VP Vestager on the 19th of July. Please provide the exact date of the letter of Mrs Scott Morton as it is not mentioned on the letter. Any communication between Scott Morton and Vestager prior to the withdrawal.
10 - What are the terms of the withdrawal. Please provide the withdrawal contract terms. Was it free, ie costless to the EU citizen ?
I await your answer with great interest as an article is in preparation and this information is critical for European citizens in order to ensure paramount transparency of the actions of our representatives.
Yours sincerely
Xavier Azalbert
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 02/08/2023 and registered on 02/08/2023 under the case number
2023/4603.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 24/08/2023. 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 Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 02/08/2023 and registered on 02/08/2023 under case number 2023/4604.
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,
Secretariat-General - 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 Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 02/08/2023 and registered on 02/08/2023 under the case number
2023/4604.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 24/08/2023. 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 Azalbert,
Apologies but we erroroneously created a duplicate of your request. The
correct reference is 2023/4603 and so we are closing this case with
reference 2023/4604.
Apologies for any confusion.
Access to Documents Team
European Commission
Dear Secretariat General of the European Commission,
In my request i added the 'mention legales' of francesoir.fr
as a registered media it contains the information requested on the address
https://www.francesoir.fr/mentions-legales
corresponding address can also be used at 38 rue fabert 75007 Paris
Yours faithfully,
Xavier Azalbert
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2023/4603.
Kind regards,