I am getting an error with the embedded scan now when using Opera. I assume that is scribd’s fault, I had no problem yesterday and firefox is just fine. I’ll check later.
I promised to provide a scan of the secondary application answer (I am sure you can find also found a draft version in English in the Council document archives):
A few quick notes:
- The Council secretariat claims that Article 15(2) TFUE, our improved citizens right to public document access under the Lisbon treaty, does not apply to ACTA and similar trade processes, even when they relate to legislative procedures as is clearly the case here, because a trade process was not of legislative nature.
- The document says that 1049/2001/EC Art 4 (1) letter a overrules even a parliament motion. I would argue that rapporteur Mr. Cashman really needs to address that. It is a common lame excuse of the Council in terms of document access. If the recast of 1049/2001/EC should have any effect it needs to clarify that provision.
- The document reveals some public details about ACTA.
- The first reply used the false provision to deny me access, now it is Art 4(1) a third intent (“international relations”).
- The Council fakes the statistics by granting me partial access but that is merely a joke as you can see.
Formally, I could go to Court now or invoke the ombudsman.
On which basis can you go to court?
[…] and (mostly) identical with the German language reply document I received around Christmas 2009 (also uploaded here). Interesting is a dissenting opinion of the UK […]
You can go to the ECJ as the letter says Article 8 EC/1049/2001 implies. I have no idea about this but there is precedence case in document access litigation, e.g. the Turco case.
Legal base 228/263 TFUE
ECJ is the legal road, ombudsman is the political road. And the legislative process to keep in eye is the ongoing Cashman recast of the document access rules.
Use plain PNG instead of flash based Scripd.
At least it will be in archive.org.
It was the other way around, I scanned the document as pdf, then uploaded it to scribd, then decided to add an entry here.
I don’t have to reach the masses. If you want the scan of the German letter as a pdf, just drop me a line. All other interested parties are free to download it from scribd.