Where does one direct complaint against an MEP?
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: policy document or otherwise identifying complaint procedures as applied to the conduct of an MEP?
Yours faithfully,
bert
OUR REF A(2017)15243
Dear Mr Dome,
Parliament acknowledges receipt of your request for information concerning complaint procedures.
You will receive an answer from the competent services as soon as possible.
PRES | Directorate General for the Presidency
Directorate for Interinstitutional Affairs and Legislative Coordination
A(2017)15243
LF/jc
Dear Mr Dome,
The Citizens’ Enquiries Unit of the European Parliament (EP) has been
asked to reply to your request for information regarding the procedures
for lodging a complaint against an MEP.
We would inform you that the rules governing the conduct of Members are
stipulated in the [1]Rules of Procedure of the European Parliament. In
particular, [2]Rule 11 states that ‘Members’ conduct shall be
characterised by mutual respect, be based on the values and principles
laid down in the basic texts on which the European Union is founded,
respect the dignity of Parliament and not compromise the smooth conduct of
parliamentary business or disturb the peace and quiet of any of
Parliament's premises.’
In addition, the [3]Code of Conduct for MEPs sets out as its guiding
principles that Members shall act solely in the public interest and
conduct their work with disinterest, integrity, openness, diligence,
honesty, accountability and respect for the European Parliament's
reputation (Article 1).
The Advisory Committee on the Conduct of Members (Article 7) assesses, at
the request of the President, alleged breaches of the Code of Conduct and
advises the President on possible action to be taken.
In the event of non-compliance with the standard of conduct of Members,
measures to be taken are laid out in [4]Rule 166. ‘When assessing the
conduct observed, account shall be taken of its exceptional, recurrent or
permanent nature and of its seriousness, on the basis of the guidelines
annexed to these Rules of Procedure ([5]Annex XV)’.
Moreover, Members of the European Parliament (MEPs) are free and
independent as stated in Article 2 of the [6]Statute for MEPs. According
to [7]Rule 2 of the Rules of Procedure, MEPs ‘shall exercise their
mandate independently. They shall not be bound by any instructions and
shall not receive a binding mandate.’
Furthermore, freedom of expression is recognised in the EU Treaties.
According to the [8]Protocol (No 7) on the Privileges and Immunities of
the European Union, MEPs ‘shall not be subject to any form of inquiry,
detention or legal proceedings in respect of opinions expressed or votes
cast by them in the performance of their duties’ (Article 8).
This also means that the Parliament cannot be held responsible for
statements made by individual Members. In cases of statements made or
conduct occurring outside the premises of the European Parliament and not
directly related to the exercise of parliamentary functions of Members,
the decision to initiate a procedure in this respect rests with the
competent authorities of the Member States.
Please also note that, according to the Treaties and the rules in force,
neither the European Parliament nor the President of the European
Parliament have the authority to expel a Member.
We would also inform you that that the [9]European Anti-Fraud Office
(OLAF) investigates fraud against the EU budget, corruption and serious
conduct within the EU institutions, and develops anti-fraud policy for the
European Commission. For further information on how to lodge a complaint,
please consult their website.
Finally, more information on the subject of MEPs' immunity is available in
the [10]Frequently Asked Questions of Parliament’s Press Service and in
the in-depth analysis ‘[11]The immunity of Members of the European
Parliament’ published in 2014 by the EP's Legal Affairs Unit.
We thank you for contacting the European Parliament.
Yours sincerely,
Citizens' Enquiries Unit
[12]www.europarl.europa.eu/askEP
Disclaimer: Please note that the information given by the Citizens'
Enquiries Unit of the European Parliament is not legally binding.
Please also note that this email box is used for sending emails only.
Incoming emails are not treated. If you wish to contact the Citizens'
Enquiries Unit, please use our [13]webform.
References
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4. http://www.europarl.europa.eu/sides/getD...
5. http://www.europarl.europa.eu/sides/getD...
6. http://eur-lex.europa.eu/LexUriServ/LexU...
7. http://www.europarl.europa.eu/sides/getD...
8. http://eur-lex.europa.eu/legal-content/E...
9. http://ec.europa.eu/anti_fraud/index_en....
10. http://www.europarl.europa.eu/news/en/ne...
11. http://www.europarl.europa.eu/RegData/et...
12. http://www.europarl.europa.eu/askEP
13. https://www.secure.europarl.europa.eu/at...
Dear AskEP,
Many thanks for your response. As a follow up question: how does one raise complaint against an MEP?
Yours sincerely,
bert dome
Dear Sir/Madam,
This email box is used for sending emails only. Incoming emails are not
treated. If you wish to contact the Citizens’ Enquiries Unit of the
European Parliament (Ask EP), please use our [1]web form.
Yours sincerely,
Citizens’ Enquiries Unit
European Parliament
Visit our webpage: [2]www.europarl.europa.eu/AskEP
Follow us on: [3]www.epthinktank.eu/author/epanswers
**************
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Cordialement,
Unité Demandes d'informations des citoyens
Parlement européen
Visitez notre page internet: [5]www.europarl.europa.eu/AskEP
Suivez-nous sur:
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**************
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Besuchen Sie unsere Website: [8]www.europarl.europa.eu/AskEP
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References
Visible links
1. https://www.secure.europarl.europa.eu/ab...
2. http://www.europarl.europa.eu/AskEP
3. http://www.epthinktank.eu/author/epanswers
4. https://www.secure.europarl.europa.eu/ab...
5. http://www.europarl.europa.eu/AskEP
6. http://www.epthinktank.eu/author/epanswers
7. https://www.secure.europarl.europa.eu/ab...
8. http://www.europarl.europa.eu/AskEP
9. http://www.epthinktank.eu/author/epanswers
Dear European Parliament,
Many thanks for your response. As a follow up question: how does one raise complaint against an MEP?
Yours faithfully,
bert dome
Our REF A(2017)15243
Dear Mr Dome,
Your question has been forwarded to the competent service for reply.
Best regards,
TRANSPARENCY – ACCESS TO DOCUMENTS
PRES | Directorate General for the Presidency
A(2018)2002
LF/nk
Dear Mr Dome,
The Citizens’ Enquiries Unit of the European Parliament (EP) has been
asked to reply to your further request for information regarding the
procedures for lodging a complaint against an MEP.
As we informed you in our reply of 20 December 2017, the rules governing
the conduct of Members are stipulated in the [1]Rules of Procedure of the
European Parliament and the [2]Code of Conduct for MEPs sets out as its
guiding principles for Members.
Depending on the nature of a complaint to be lodged, various means of
recourse are available.
The [3]European Anti-Fraud Office (OLAF) investigates fraud against the EU
budget, corruption and serious conduct within the EU institutions, and
develops anti-fraud policy for the European Commission. For further
information on how to lodge a complaint, please consult their website.
You also have the right to petition the European Parliament by sending a
written request or complaint about any subject that the EU deals with and
which affects you directly. General information on the possibility of
introducing a petition to the European Parliament is available on the
[4]EP's petition webpage, in which you will find information on who can
submit a petition, on what subjects, as well as what action is taken in
the case of admissible petitions or the inadmissibility thereof.
As to the [5]European Ombudsman, the Ombudsman investigates complaints
about maladministration in EU institutions, bodies, offices, and agencies.
Only the Court of Justice of the European Union, acting in its judicial
capacity, falls outside the Ombudsman's mandate. The Ombudsman may find
maladministration if an institution fails to respect fundamental rights,
legal rules or principles, or the principles of good administration.
Furthermore, if you are a national of a Member State of the European Union
and if you feel that your rights under Union law have not been respected
by the national authorities of a Member State, a complaint may be lodged
with the Commission if any measure (law, regulation or administrative
action) or practice by a Member State is deemed incompatible with a
provision or principle of Community law. For further information, please
see the webpage [6]'Enquiries and complaints about application of Union
law’.
We thank you once more for contacting the European Parliament.
Yours sincerely,
Citizens' Enquiries Unit
[7]www.europarl.europa.eu/askEP
Disclaimer: Please note that the information given by the Citizens'
Enquiries Unit of the European Parliament is not legally binding.
Please also note that this email box is used for sending emails only.
Incoming emails are not treated. If you wish to contact the Citizens'
Enquiries Unit, please use our [8]webform.
References
Visible links
1. http://www.europarl.europa.eu/sides/getD...
2. http://www.europarl.europa.eu/sides/getD...
3. http://ec.europa.eu/anti_fraud/index_en....
4. http://www.europarl.europa.eu/atyourserv...
5. https://www.ombudsman.europa.eu/home.faces
6. http://ec.europa.eu/atwork/applying-eu-l...
7. http://www.europarl.europa.eu/askEP
8. https://www.secure.europarl.europa.eu/at...
Dear AskEP,
Thanks for your message.
I note you list several authorities competent to receive complaints against MEPs. Given the additional information supplied below, would you confirm which of the listed authorities is best place to receive my complaint?
Here's the additional information: I require assistance challenging breach of an EU Treaty. I do not require legal assistance. I'm alleging the UK fails to implement the principal of equal treatment between persons irrespective of racial or ethnic origin (Council Directive June 29 2000). The EU advises me that I may wish to secure MEP assistance. Indeed, but English MEPs refuse to assist me. Consequently I seek to alarm the correct EU authority of the conduct of several English MEPs in their collective action of refusing me assistance; my efforts are being deliberately impeded. I've been searching for MEP assistance since 2004/5.
Awaiting your response.
Yours sincerely,
bert dome
Dear Sir/Madam,
This email box is used for sending emails only. Incoming emails are not
treated. If you wish to contact the Citizens’ Enquiries Unit of the
European Parliament (Ask EP), please use our [1]web form.
Yours sincerely,
Citizens’ Enquiries Unit
European Parliament
Visit our webpage: [2]www.europarl.europa.eu/AskEP
Follow us on: [3]www.epthinktank.eu/author/epanswers
**************
Madame, Monsieur,
Cette adresse email est utilisée uniquement pour envoyer des emails. Les
emails reçus ne sont pas traités.
Si vous souhaitez contacter l'Unité Demandes d'informations des citoyens
du Parlement européen (Ask EP), veuillez utiliser le [4]formulaire en
ligne.
Cordialement,
Unité Demandes d'informations des citoyens
Parlement européen
Visitez notre page internet: [5]www.europarl.europa.eu/AskEP
Suivez-nous sur:
[6]www.epthinktank.eu/author/epanswers
**************
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Diese Mailbox wird ausschließlich zum Versenden von Emails verwendet.
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Mit freundlichen Grüßen,
Referat Bürgeranfragen
Europäisches Parlament
Besuchen Sie unsere Website: [8]www.europarl.europa.eu/AskEP
Folgen Sie uns auf: [9]www.epthinktank.eu/author/epanswers
**************
References
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1. https://www.secure.europarl.europa.eu/ab...
2. http://www.europarl.europa.eu/AskEP
3. http://www.epthinktank.eu/author/epanswers
4. https://www.secure.europarl.europa.eu/ab...
5. http://www.europarl.europa.eu/AskEP
6. http://www.epthinktank.eu/author/epanswers
7. https://www.secure.europarl.europa.eu/ab...
8. http://www.europarl.europa.eu/AskEP
9. http://www.epthinktank.eu/author/epanswers
Dear AccesDocs
Further to forwarding my FOI query to the competent service for reply, I received response from AskEP. Thank you. I enclose its response. AskEP list several authorities competent to receive complaints against MEPs.
As a follow up query: given the additional information below, would you identify which of the listed authorities is best place to receive my complaint:
I require assistance challenging breach of EU Treaty. I do not require legal assistance. I'm alleging the UK fails to implement the principal of equal treatment between persons irrespective of racial or ethnic origin (Council Directive June 29 2000). The EU advises me that I may wish to secure MEP assistance but I've been unable to do so and wish to alarm the correct EU authority of the conduct of several English MEPs in their collective and deliberated action of refusing me assistance. I've been searching for MEP assistance since 2004/5.
Awaiting your response.
Yours sincerely,
bert dome
-------------------------------------
From: AskEP
European Parliament
February 22, 2018
A(2018)2002
LF/nk
Dear Mr Dome,
The Citizens’ Enquiries Unit of the European Parliament (EP) has been
asked to reply to your further request for information regarding the
procedures for lodging a complaint against an MEP.
As we informed you in our reply of 20 December 2017, the rules governing
the conduct of Members are stipulated in the [1]Rules of Procedure of the
European Parliament and the [2]Code of Conduct for MEPs sets out as its
guiding principles for Members.
Depending on the nature of a complaint to be lodged, various means of
recourse are available.
The [3]European Anti-Fraud Office (OLAF) investigates fraud against the EU
budget, corruption and serious conduct within the EU institutions, and
develops anti-fraud policy for the European Commission. For further
information on how to lodge a complaint, please consult their website.
You also have the right to petition the European Parliament by sending a
written request or complaint about any subject that the EU deals with and
which affects you directly. General information on the possibility of
introducing a petition to the European Parliament is available on the
[4]EP's petition webpage, in which you will find information on who can
submit a petition, on what subjects, as well as what action is taken in
the case of admissible petitions or the inadmissibility thereof.
As to the [5]European Ombudsman, the Ombudsman investigates complaints
about maladministration in EU institutions, bodies, offices, and agencies.
Only the Court of Justice of the European Union, acting in its judicial
capacity, falls outside the Ombudsman's mandate. The Ombudsman may find
maladministration if an institution fails to respect fundamental rights,
legal rules or principles, or the principles of good administration.
Furthermore, if you are a national of a Member State of the European Union
and if you feel that your rights under Union law have not been respected
by the national authorities of a Member State, a complaint may be lodged
with the Commission if any measure (law, regulation or administrative
action) or practice by a Member State is deemed incompatible with a
provision or principle of Community law. For further information, please
see the webpage [6]'Enquiries and complaints about application of Union
law’.
We thank you once more for contacting the European Parliament.
Yours sincerely,
Citizens' Enquiries Unit
[7]www.europarl.europa.eu/askEP
-------------------------------------
From: AccesDocs
European Parliament
February 07, 2018
Our REF A(2017)15243
Dear Mr Dome,
Your question has been forwarded to the competent service for reply.
Best regards,
TRANSPARENCY – ACCESS TO DOCUMENTS
PRES | Directorate General for the Presidency
-------------------------------------
Yours faithfully,
bert dome
Dear European Parliament,
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 'Where does one direct complaint against an MEP?'.
I've not secured response so, direct it to you for your attention. For your convenience, I include the message:
From: bert dome
Delivered May 29, 2018
Dear AccesDocs
Further to forwarding my FOI query to the competent service for reply, I received response from AskEP. Thank you. I enclose its response. AskEP list several authorities competent to receive complaints against MEPs.
As a follow up query: given the additional information below, would you identify which of the listed authorities is best place to receive my complaint:
I require assistance challenging breach of EU Treaty. I do not require legal assistance. I'm alleging the UK fails to implement the principal of equal treatment between persons irrespective of racial or ethnic origin (Council Directive June 29 2000). The EU advises me that I may wish to secure MEP assistance but I've been unable to do so and wish to alarm the correct EU authority of the conduct of several English MEPs in their collective and deliberated action of refusing me assistance. I've been searching for MEP assistance since 2004/5.
Awaiting your response.
Yours sincerely,
bert dome
-------------------------------------
From: AskEP
European Parliament
February 22, 2018
A(2018)2002
LF/nk
Dear Mr Dome,
The Citizens’ Enquiries Unit of the European Parliament (EP) has been
asked to reply to your further request for information regarding the
procedures for lodging a complaint against an MEP.
As we informed you in our reply of 20 December 2017, the rules governing
the conduct of Members are stipulated in the [1]Rules of Procedure of the
European Parliament and the [2]Code of Conduct for MEPs sets out as its
guiding principles for Members.
Depending on the nature of a complaint to be lodged, various means of
recourse are available.
The [3]European Anti-Fraud Office (OLAF) investigates fraud against the EU
budget, corruption and serious conduct within the EU institutions, and
develops anti-fraud policy for the European Commission. For further
information on how to lodge a complaint, please consult their website.
You also have the right to petition the European Parliament by sending a
written request or complaint about any subject that the EU deals with and
which affects you directly. General information on the possibility of
introducing a petition to the European Parliament is available on the
[4]EP's petition webpage, in which you will find information on who can
submit a petition, on what subjects, as well as what action is taken in
the case of admissible petitions or the inadmissibility thereof.
As to the [5]European Ombudsman, the Ombudsman investigates complaints
about maladministration in EU institutions, bodies, offices, and agencies.
Only the Court of Justice of the European Union, acting in its judicial
capacity, falls outside the Ombudsman's mandate. The Ombudsman may find
maladministration if an institution fails to respect fundamental rights,
legal rules or principles, or the principles of good administration.
Furthermore, if you are a national of a Member State of the European Union
and if you feel that your rights under Union law have not been respected
by the national authorities of a Member State, a complaint may be lodged
with the Commission if any measure (law, regulation or administrative
action) or practice by a Member State is deemed incompatible with a
provision or principle of Community law. For further information, please
see the webpage [6]'Enquiries and complaints about application of Union
law’.
We thank you once more for contacting the European Parliament.
Yours sincerely,
Citizens' Enquiries Unit
[7]www.europarl.europa.eu/askEP
-------------------------------------
From: AccesDocs
European Parliament
February 07, 2018
Our REF A(2017)15243
Dear Mr Dome,
Your question has been forwarded to the competent service for reply.
Best regards,
TRANSPARENCY – ACCESS TO DOCUMENTS
PRES | Directorate General for the Presidency
-------------------------------------
Yours faithfully,
bert dome
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/wher...
Yours faithfully,
bert dome
A(2018)8243
LF/cns
Dear Mr Dome,
The Citizens’ Enquiries Unit of the European Parliament (EP) has been
asked to reply to your further request for information regarding the
procedures for lodging a complaint against an MEP.
Please refer to our previous replies of 20 December 2017 (reference A
(2017)15243, 22 February 2018 (reference A (2018)2002) and 18 June 2018
(reference A (2018)6585), in which you have been informed of the various
recourses for filing a complaining against an MEP, depending on the nature
of the complaint.
Since we have already replied to you on the same subject matter and we
have no new elements to add, we inform you that in the future we can give
no further reply if we receive more correspondence on the same issue.
We thank you once more for contacting the European Parliament.
Yours sincerely,
Citizens' Enquiries Unit
[1]www.europarl.europa.eu/askEP
Disclaimer: Please note that the information given by the Citizens'
Enquiries Unit of the European Parliament is not legally binding.
Please also note that this email box is used for sending emails only.
Incoming emails are not treated. If you wish to contact the Citizens'
Enquiries Unit, please use our [2]webform.
References
Visible links
1. http://www.europarl.europa.eu/askEP
2. https://www.secure.europarl.europa.eu/at...
Dear AskEP,
Thanks for your message.
You identify a number of avenues for making complaint. Which one is recognised as the most appropriate where it is alleged an MEP fails to behave as s/he is charged to behave? I can't imagine each of them competent to handle such a complaint.
Yours sincerely,
bert dome
Dear Sir/Madam,
This email box is used for sending emails only. Incoming emails are not
treated. If you wish to contact the Citizens’ Enquiries Unit of the
European Parliament (Ask EP), please use our [1]web form.
Yours sincerely,
Citizens’ Enquiries Unit
European Parliament
Visit our webpage: [2]www.europarl.europa.eu/AskEP
Follow us on: [3]www.epthinktank.eu/author/epanswers
**************
Madame, Monsieur,
Cette adresse email est utilisée uniquement pour envoyer des emails. Les
emails reçus ne sont pas traités.
Si vous souhaitez contacter l'Unité Demandes d'informations des citoyens
du Parlement européen (Ask EP), veuillez utiliser le [4]formulaire en
ligne.
Cordialement,
Unité Demandes d'informations des citoyens
Parlement européen
Visitez notre page internet: [5]www.europarl.europa.eu/AskEP
Suivez-nous sur:
[6]www.epthinktank.eu/author/epanswers
**************
Sehr geehrte Damen und Herren,
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Eingehende Emails werden nicht bearbeitet. Falls Sie das Referat
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Mit freundlichen Grüßen,
Referat Bürgeranfragen
Europäisches Parlament
Besuchen Sie unsere Website: [8]www.europarl.europa.eu/AskEP
Folgen Sie uns auf: [9]www.epthinktank.eu/author/epanswers
**************
References
Visible links
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2. http://www.europarl.europa.eu/AskEP
3. http://www.epthinktank.eu/author/epanswers
4. https://www.secure.europarl.europa.eu/ab...
5. http://www.europarl.europa.eu/AskEP
6. http://www.epthinktank.eu/author/epanswers
7. https://www.secure.europarl.europa.eu/ab...
8. http://www.europarl.europa.eu/AskEP
9. http://www.epthinktank.eu/author/epanswers
Dear European Parliament,
Delivered August 18, 2018 & resent to EP October 2018
Dear Sir,
Thanks for your message.
You identify a number of avenues for making complaint. Which one is recognised most appropriate where it is alleged an MEP fails to behave as s/he is charged to behave? I can't imagine each competent to handle such a complaint.
Yours faithfully,
bert dome
A(2018)14402
CL/jc
Dear Mr Dome,
The Citizens' Enquiries Unit of the European Parliament acknowledges
receipt of your further request for information regarding the Members of
the European Parliament.
Please refer to our previous replies of 20 December 2017, 22 February
2018, 18 June 2018 and 12 July 2018.
As stated in [1]Rule 2 of the Rules of Procedure of the European
Parliament: ‘In accordance with Article 6(1) of the Act of 20 September
1976 and with Article 2(1) and Article 3(1) of the Statute for Members of
the European Parliament, Members shall exercise their mandate freely and
independently, shall not be bound by any instructions and shall not
receive a binding mandate’.
If you are a national of a Member State of the European Union and if you
feel that your rights under Union law have not been respected by the
national authorities of a Member State, a complaint may be lodged with the
European Commission if any measure (law, regulation or administrative
action) or practice by a Member State is deemed incompatible with a
provision or principle of Community law. For further information, please
see the webpage ‘[2]Enquiries and complaints about application of Union
law’.
Since we have already replied to you on the same subject matter and we
have no new elements to add, we inform you that in the future we can give
no further reply if we receive more correspondence on the same issue.
Yours sincerely,
Citizens' Enquiries Unit
[3]www.europarl.europa.eu/askEP/en
Disclaimer: Please note that the information given by the Citizens'
Enquiries Unit of the European Parliament is not legally binding.
Please also note that this email box is used for sending emails only.
Incoming emails are not treated. If you wish to contact the Citizens'
Enquiries Unit, please use our [4]webform.
References
Visible links
1. http://www.europarl.europa.eu/sides/getD...
2. http://ec.europa.eu/atwork/applying-eu-l...
3. http://www.europarl.europa.eu/askEP/en
4. https://www.secure.europarl.europa.eu/at...