Deutsch auf Deutsch

Who is responsible for the lack of Freedom of Information in Germany?

FOI laws in the worldFreedom of information in Europe5. October 2004: 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 and developed countries all over the world. Germany is (in federal agencies and 12 of 16 local Lander) 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?


I accuse:

International participants:

Questions:

Will the coalition parties succeed to work out a draft law and present it to parliament, to overcome the blockade of the bureaucracy and government against the human right of Freedom of Information?

Will the petition on freedom of information: http://wkeim.bplaced.net/petition_ifg.htm dated 21. December 2001 to the German Bundestag be answered? Will civil rights be more important than objections of the "administration". Will this petition at least be send over to the government?

Will 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 ?

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?

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)

I refer to the "European Parliament resolution on the situation as regards fundamental rights in the European Union (2000) (2000/2231(INI))" document A5-0223/2001. Point 3 "(n)otes that it is the particular responsibility of the European Parliament (by virtue of the role conferred on it under the new Article 7(1) of the Treaty of Nice) and of its appropriate committee to ensure (in cooperation with the national parliaments and the parliaments of the candidate countries) that both the EU institutions and the Member States uphold the rights set out in the various Chapters of the Charter" The answer to petition http://wkeim.bplaced.net/petition_eu.htm supports fundamental rights, but no action is suggested. In this draft report 2003/2237(INI), 9 March 2004 (Chapter KK), the EU Parliament states: "The European Parliament notes that in Germany there is no law ensuring access to documents of public authorities at the national (i.e. federal) level and that only four of the federal states have enacted such legislation".

 

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.

Support Freedom of Information by E-Mail to the European Commission and Council with a copy to the European Parliament.

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 E-Mail to the European Commission (click here):
I support the call to the European Commission and Council for democratic and accountable Freedom of Information laws on access to public documents in EU and member states.

(You may change the text according to your needs).

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

Freedom of Information came 1951 to Finland, 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.

Support the German Freedom of Information Law, by the following E-Mail to the German Government (click here):
I support the call to the German Government for a democratic and accountable Freedom of Information Law on access to public documents.

(You may change the text according to your needs).

Visitor No. since 16. May 2002

[Petitions]     [Freedom of Information]     [Patients Rights in Europe]      [Human Right Violations in Germany]     [Critique of Patients Rights in Germany]      [Homepage]