To: Mrs. Marie Maurice
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
By email only
Subject: Reply to your request for public access to documents 20/2023
Dear Mrs. Marie Maurice
By email dated 16 October 2023 (Annex 1) you requested access to
“documents which contain
the following information: the short-listed selection of the three candidates presented to EU-Lisa's
management board on the 12th of January 2023, in regards to the appointment of the new
Executive Director of the Agency.”.
By email dated 16 October 2023, the Agency acknowledged receipt of your request for public
access to documents, which was registered under the reference number 20/2023 and informed
you of the time limit of fifteen (15) working days to reply to your request (Annex 2).
Your request was assessed in light of the principles and conditions defined by the Regulation
(EC) No 1049/20011 and the relevant case-law.
Decision
The Agency has identified one (1) document that falls within the scope of your request, namely:
-
Document 2023-006, the Minutes of the 40th Management Board meeting (Document 1).
Following a thorough examination of its content, the Agency has decided to refuse to grant you
access to the document in question as disclosure is prevented by the exceptions laid down in
Article 4 of the Regulation (EC) No 1049/2001.
Assessment: reasons for refusal of disclosure
The detailed explanation for the refusal of disclosure of the document is provided below.
•
Protection of the ongoing decision-making process
In accordance with the second paragraph of Article 4(3) of Regulation (EC) No 1049/2001,
“
Access to a document containing opinions for internal use as part of deliberations and preliminary
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43–48).
European Union Agency for the Operational Management of Large-Scale
Vesilennuki 5, 10415 Tallinn, Estonia
1
IT Systems in the Area of Freedom, Security and Justice
www.eulisa.europa.eu
consultations within the institution concerned shall be refused even after the decision has been
taken if disclosure of the document would seriously undermine the institution's decision-making
process, unless there is an overriding public interest in disclosure.”
The above-mentioned document pertains to a Management Board meeting where the three (3)
candidates for the position of Executive Director were presented. The referred part of the meeting
was conducted behind closed doors. Disclosing specific details, such as the vote counts
contained in the minutes of this document would be deemed particularly sensitive. The information
reflected in the document contains opinions of internal use as part of deliberations and internal
consultations occurring within the Agency.
•
Protection of public interest as regards public security
Article 4(1)(a) of the Regulation (EC) No 1049/2001 provides that “
the institutions shall refuse
access to a document where disclosure would undermine the protection of […] public interest as
regards […] public security”.
The above-mentioned document encompasses information related to internal discussions on the
status of the implementation of the systems namely SIS, EES, which is still under elaboration.
Disclosing such information constitutes a public security risk due to the sensitivity of the
information therein which could facilitate malicious actions to disrupt or tamper with the
confidentiality and integrity of the application system. Therefore, the disclosure of these
documents would undermine the protection of the interest as regards public security, in
accordance with Article 4(1)(a) of the Regulation (EC) No 1049/2001
Nevertheless, please kindly note that the interrogation and names of the three candidates is
publicly available under the following link
: Committee on Civil Liberties, Justice and Home Affairs
| European Parliament Multimedia Centre (europa.eu)
Overriding public interest in disclosure
The exception laid down in Article 4(3) of the Regulation (EC) No 1049/2001 must be waived if
there is an overriding public interest in disclosure. This interest needs to be objective and cannot
be of a private nature (
i.e. cannot be related to an individual interest).
Your request is silent in respect to an overriding public interest in disclosure. Therefore, the
information contained in the document in question cannot be disclosed based on Article 4(3) of
the Regulation (EC) No 1049/2001.
The exception laid down in Article 4(1)(a) of the Regulation (EC) No 1049/2001 does not need to
be balanced against any possible overriding public interest in disclosure.
Appeal/ Legal Redress
Kindly note that you may file a confirmatory application within 15 (fifteen) working days from
receiving this email.
European Union Agency for the Operational Management of Large-Scale
Vesilennuki 5, 10415 Tallinn, Estonia
2
IT Systems in the Area of Freedom, Security and Justice
www.eulisa.europa.eu
Yours sincerely,
Qualified electronic signature by:
KRZYSZTOF ZBIGNIEW CZEKALOWSKI
Date: 2023-11-10 11:46:28 +01:00
Krzysztof Czekalowski
Head of Corporate Services Department
Annexes:
•
Annex 1: Your initial request for public access to documents
•
Annex 2: Acknowledgment of receipt
European Union Agency for the Operational Management of Large-Scale
Vesilennuki 5, 10415 Tallinn, Estonia
3
IT Systems in the Area of Freedom, Security and Justice
www.eulisa.europa.eu
