From: Walter Keim <walter.keim@gmail.com>
To: Courrier Citoyen d'Europe <Civis@europarl.eu.int>
Subject: Re: Freedom of information for Germany
Date: 23. august 2002 09:30

From:
Walter Keim
Torshaugv. 2 C
N-7020 Trondheim, 23.8.2002

To:
Jean-Louis A. COUGNON
Chef de division
Courrier du Citoyen
Head of division
Correspondence with the citizen

Freedom of information for Germany

Dear Mr. Cougnon,

thank you for your letter of 11.7.2002 answering my letter to the EU
Commission, with a copy to the European Parliament. The answer of the EU
Commission can be found here: http://wkeim.bplaced.net/330166.htm

Article 29 of the Act of 25 May 1976 on administrative procedure
(Article 29 ot the Verwaltungsverfahrensgesetz) is insufficient compared to:

Article 42 of the Charta of the EU and
Article 255 of the Treaty on European Union and
Article 19, paragraph 2 of the International Covenant on Civil and Political Rights (ICCPR)
of 19. December 1966.

Unfortunately Freedom of Information laws in 4 of 16 German "Lander":
http://wkeim.bplaced.net/foi.htm#e-mail3 have
no effect on the federal administration and the other 12 "Lander".

I have done an investigation who is responsible for the lack of freedom
of information in Germany: http://wkeim.bplaced.net/I_accuse.htm

In environmental matters freedom of information is implemented in member
states according to a EU Directive 90/313/EEC:
http://biosafety.ihe.be/GB/Dir.Eur.GB/Other/90_313/90_313.html

The EU Commission, EU Council and European Parliament could give a
similar directive for Freedom of information in member states.

I hope that the Committee for Petitions of the European Parliament
considers my petition of 27.12.2001:
http://wkeim.bplaced.net/petition_eu.htm
suggesting to start a consultation process with the German parliament
about Freedom of information for Germans.

Kind regards

Walter Keim

Support freedom of information: http://wkeim.bplaced.net/foi.htm#e-mail, http://wkeim.bplaced.net/petition_un.htm
Who is responsible for the lack of freedom of information: http://wkeim.bplaced.net/I_accuse.htm

11 July 2002: Answer:

From: Courrier Citoyen d'Europe <Civis@europarl.eu.int>
To: Walter Keim <walter.keim@gmail.com>
Subject: Re: Freedom of information for Germany
Date: 11. July 2002

A/3732
GA

Dear Mr Keim,

We acknowledge receipt of your e-mail dated 18 April 2002, in which you write
to the European Parliament about the absence, in the german legislation, of a
general right of access to documents.

It is true that there is no such general right under german law. At federal
level some rules are contained in the Act of 25 May 1976 on administrative
procedure (Article 29 ot the Verwaltungsverfahrensgesetz). In some "Lander"
there are constitutional provisions about access to documents which are
implemented by law, for instance the Act of the Land Brandenburg of 10 March
1998 on access to documents (GVB1 Nr.4 of 19 March 1998) and the Freedom of
Information Act of the Land Berlin (GVB1 Nr.45 of 15 October 1999).

The European Parliament, although it considers very important the freedom of
information and access to public documents, has no authority to interfere
with the legislation of Member States.

With kindest regards,

Jean-Louis A. COUGNON
Chef de division
Courrier du Citoyen
Head of division
Correspondence with the citizen

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