[DFRI-listan] VB: [iindep-hub] Will the Ombudsman rise to the occassion?

["Erik Josefsson" <erik.hjalmar.josefsson@xxxxxxxxx>]

Apropå att dra slipsten, det här är enligt mig det viktigaste caset det här seklet.

Om ombudsmannen fipplar bort detta så fipplas hela meningen med EU bort.

Erik Josefsson
BE GSM: +32484082063
SE GSM: +46707696567

----- Forwarded message -----
Från: "Ante Wessels" <ante@xxxxxxxx>
Till: "iindep info exchange hub" <hub@xxxxxxxxxx>
Rubrik: [iindep-hub] Will the Ombudsman rise to the occassion?
Datum: ons, okt 23, 2013 18:59


Will the Ombudsman rise to the occassion?
http://acta.ffii.org/?p=1956
with links

October 23, 2013
By Ante

A few weeks ago I filed a complaint with the Ombudsman against
the European Parliament over the secrecy of legal advice
regarding ACTA. The Ombudsman replied that she didn’t want to
investigate the complaint as I already got access to the
documents (unofficially released versions). In a letter I ask
her to reconsider the decision, as the decision seems not in
line with an earlier Ombudsman decision, and, more importantly,
an investigation could be of major importance.

Key paragraphs:

"The secrecy surrounding international negotiations is very
problematic. For instance, the secrecy surrounding ACTA
(Anti-Counterfeiting Trade Agreement) led to various European
Parliament resolutions, two Ombudsman complaints and a Court
case.

All these cases failed, as the "protection of the public
interest as regards international relations" exception to
openness has an "absolute" character. Once successfully invoked,
the Institution does not have to balance it with the public
interest in disclosure.

The Parliament even raised this international relations
exception, that has such a devastating effect on openness, for
legal advice it produced itself after the negotiations. This
extends the brute force of the international relations exception
beyond reasonable scope. The Parliament uses the international
relations exception to negate landmark EU Court of Justice Turco
case law on legal advice. In my complaint I challenge this
over-extension by arguing that the Parliament erred in law.
Challenging this over-extension and defending the landmark Turco
case law on legal advice is of major importance.

Furthermore, I challenge the "absolute" character of the
international relations exception by pointing out it is not
compatible with human rights. If this reasoning finds
acceptance, it may break the absolute character of the
exception. It could lead to more open negotiations of
international agreements. This would be of major importance
too."

The letter (pdf)
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