auf DeutschWill the administrative court ("Verwaltungsgericht") promote an "area of freedom, security and justice" with a "guarantee for the principles of democracy and respect for human rights", which EU is building up according to Com 2002/0247 ?
Walter Keim, Email: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, 28. September 2004 ("Right
to Know" Day)
Administrative Court
Verwaltungsgericht
Kirchstraße
7
D-10557 Berlin
Case
VG 2 A 85.04: Walter Keim vs. Federal Republic of Germany:
Freedom of Information (including access to public documents) and
Right to get fair answers to Petitions (Article 17 Basic Law)
...
According to Article 20 of the Basic Law "All state authority is derived from the people". But the ministers of the government did not work out a Freedom of Information Law the majority of the parliament has asked for in 1998.
The petition of 21. December 2001 suggests, that the Committee of Petitions suggests to the parliament to work out an own law. In addition it is suggested to translate the recommendation of the Council of Europe (81) 19 on access to public documents given 1981.
Because no answer was given an administrative complaint was filed 4. February 2004. The aim is to look at the transparency of the work done on the petition, and to achieve a fair answer.
After having had access to 3 volumes of documents of the Committee of Petitions in the German consulate in Trondheim Norway the following comments are filed:
...
The Ministry of Interior mentions 10. July 2002 transparency according to regulation (EC) 1049/2001 of EU and the recommendation Rec (2002) 2 of the Council of Europe. Further comment is: "A duty ... does not evolve from these documents". Recommendation (81) 19 from the year 1981, the Charter of Fundamental Rights of EU and Article 19 (2) International Covenant on Civil and Political Rights (ICCPR) are not mentioned. But ICCPR has been transformed and is incorporated to German law, see BGBl. 1973 II S. 1534.
The letter 10. July 2002 says that access to documents is allowed and the administration gives access if it is shown that there is an interest justified. However if an application is made the administration does not even consider giving access. That is why the work on the draft law failed: Many ministries argued: Freedom of information yes, but not in our ministry.
...
Article 6 (1) of the Treaty on European Union (TEU) lists the principles common to the Member States: liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. In EU COM (2002) 247: Communication from the Commission - A project for the European Union chapter 1.2 The Union must build up an EU-wide area of freedom, security and justice. reads: "The European area of freedom, security and justice thus provides a guarantee for the principles of democracy and respect for human rights".
Article 23 of the Basic Law deals with cooperation with EU: "With a view to establishing a united Europe, the Federal Republic of Germany shall participate in the development of the European Union that is committed to democratic, social, and federal principles, to the rule of law, and to the principle of subsidiarity, and that guarantees a level of protection of basic rights essentially comparable to that afforded by this Basic Law." But Germany seems to refuse to cooperate.
...
The Committee of Petitions and the Ministry of Interior do not guarantee to always be committed to Human Rights and does not respect the Treaty on European Union, the European Convention on Human Rights and Fundamental Freedoms (ECHRFF), International Covenant on Civil and Political Rights (ICCPR) and the Charter of Fundamental Rights of the EU.
I apply for:
The Committee of Petitions has to send the "Petition on Human Rights Violations in Germany: Invitation of the Human Rights Commissioner" of 21. December 2003 to the ministry in order to start the work on it.
To sentence the Committee of Petitions to give a fair answer to petition of 21. December 2001 .
To sentence the Committee of Petitions, that it should have given access to documents of exchange of information between ministry and Committee of Petitions, according to letter of 27. February 2003 .
Sentence the ministry of Interior that it should have given access to documents according to application of 16. October 2003 .
The lack of Freedom of Information in Germany is unconstitutional because it is in contradiction with Human Rights.
Amount in controversy is set to € 10.-
Yours sincerely,
Walter Keim
Torshaugv. 2 C
N-7020
Trondheim
E-Mail: walter.keim@gmail.com
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Picture: Dark green: Law in effect. Bright green: Freedom of information in constitution only. Yellow: Pending law. FOIA= Freedom of Information Act
