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Who is responsible for the lack of Freedom of Information (FOI) in 8 of 16 states in Germany?

FOI laws in the worldFreedom of information in Europe19. August 2006: This Internet publication is a "hearing": Please send comments to: walter.keim@gmail.com. Have I forgotten somebody on the list below?

The human right of Freedom of Information is found overall in the EUin Europe, OECD and developed countries all over the world. Germany was in federal agencies one of the last European countries to adopt FOI. In 8 of 16 local Lander FOI is missing, nearly the only exception in Europe. As EU citizen I have this right towards EU institutions, according to the EU Charter of Fundamental Rights (Article 42: Right of access to documents). Why not in Germany? Why is Germany the last major country in Europe to adopt Freedom of Information?


I accuse:

International participants:

Positive contributions

Questions:

Will the European Court of Human Rights promote Freedom of Information access to documents and und fair trial?: http://wkeim.bplaced.net/files/echr-complaint.htm5

Will the Parliamentary Assemby of Council of Europe promote Freedom of information? 6

I appreciate that OSCE concentrates on access to public documents in 2005. Will the monitoring of all OSCE States including Germany: http://home.broadpark.no/~wkeim/files/osce-050106.htm give positive results?

The Council of Europe, does so far not contribute with conventions: http://wkeim.bplaced.net/020106coe.htm only Recommendations (1981) which Germany has ignored. (2002: http://cm.coe.int/stat/E/Public/2002/adopted_texts/recommendations/2002r2.htm). Has the Council of Europe started to work with a convention?  Will the Commissioner for Human Rights of the CoE promote Freedom of Information? Here is a Survey on FOI in Europe.

Will the United Nations do, what they promise: To promote freedom of information as human right: http://wkeim.bplaced.net/petition_un.htm? Obviously the Special Rapporteur is committed. But this commitment of is so far not followed up by the Petitions Unit. Will the Human Rights Commissioner of the UN correct this and promote Freedom of Information? Up to now they are not doing the job they are paid for.

Will the international public and community and organisations be silent about this development (ARTICLE19, EFIL)?

The Charter of Fundamental Rights of the EU gives Freedom of Information in Article 42, access to documents in Article 41 (2), the right to complain in Article 43 (Ombudsman) and the right to answers within reasonable time in Article 41 (1). The "European Codex of god Administration" defines latest two months to get an answer (Article 17). As EU-Citizen I would like to ask: How long will the European Parliament (Courrier du Citoyen) look at that the  human right of freedom of information and other fundamental rights of the EU Charter are violated. Article 6 1. of OF THE TREATY ON EUROPEAN UNION says:
"The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States." In other countries in Europe this is respected. I become a second class citizen travelling to Germany. The petition is admissible and concludes: Improving the protection of the rights and interests of citizens of the Member States of the Union is listed in Article 2 as an objective of the Union. (see page 7/173 doc. A5-0318/2000). Will the Fundamental Rights Agency (COM(2005)280) improve the situation?

 

Walter Keim

E-mail: walter.keim@gmail.com
Support freedom of information: http://wkeim.bplaced.net/foi.htm, http://wkeim.bplaced.net/petition_un.htm,
http://wkeim.bplaced.net/v-klage_en.htm
Support patients rights: http://wkeim.bplaced.net/patients.htm#e-mail

Old versions: 0.1, 0.2, 0.3, 0.4, 0.5.

Appendix:

  1. Constitutional Complaint Freedom of Information 18. August 2005: http://wkeim.bplaced.net/files/verfassungsbeschwerde-en.htm
  2. Violations of Human Rights in Germany: http://wkeim.bplaced.net/files/de_human_rights.htm
  3. Law on legal advice from 1935: http://wkeim.bplaced.net/files/de_legal_advice_law_overview.htm
  4. Will the EU Parliament support Freedom of Information and human rights: http://wkeim.bplaced.net/files/petition-hr.htm ?
  5. Will the European Court of Human Rights promote Freedom of Information access to documents and und fair trial?: http://wkeim.bplaced.net/files/echr-complaint.htm
  6. 01. Jan. 2006: Will the Parliamentary Assemby of Council of Europe promote Freedom of information? http://wkeim.bplaced.net/files/pace-complaint.htm

 

Support Freedom of Information for European Institutions: Call for an "Open Europe" (Statewatch)

FOI in EuropaFreedom of Information came 1766 to Sweden, 1951 to Finland1966 to den USA, 1970 to Norway and 1985 to Denmark In 1981 the Council of Europe gave "Recommendation No. R (81) 19" on the access to information held by public authorities. A new Recommendation Rec(2002)2 was adopted 2002. Both EU and nearly all countries in the EU and Europe adopted such laws. However citizen rights vary and there are no minimum standards. In order to keep up with the international development freedom of information should be strengthened in EU member states. Here is a petition to the European Parliament.

Support Freedom of Information, by the following call of Statewatch (click here):
I/We support the call to EU institutions for a democratic and accountable "Open Europe" on access to documents.

 

Support FOI by E-Mail to the Federal Government in Germany

Freedom of Information came 1951 to Finland, 1766 (1949) to Sweden, 1966 to den USA, 1970 to Norway and 1985 to Denmark. In 1981 the Council of Europe gave "Recommendation No. R (81) 19" on the access to information held by public authorities. Germany is the only country in the EU without such a law. In order to keep up with the international development freedom of information should also be adopted in Germany states.

Support the Freedom of Information laws in the states of: Baden-Württemberg, Bavaria, Hesse, Lower Saxony, Rheinland-Pfalz, Saxony, Saxony-Anhalt, Thuringa with the following E-Mail:
I support the call to the German Federal State (Bundesland) Government for a democratic and accountable Freedom of Information Law on access to public documents.
(This E-Mails is send to the parties governing the state, with a copy to the opposition suggesting the FOI law. You may change the text according to your needs).
 

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