─hnlicher Stoff auf Deutsch: http://home.broadpark.no/~wkeim/files/041106btf.htm
Walter Keim, E-mail: email@example.com
Torshaugv. 2 C
N-7020 Trondheim, 17. November 2004
Commissioner Antˇnio Vitorino
Justice and Home Affairs
thank you for your letter of 23. March 2004 about access to public documents missing in Germany: http://home.broadpark.no/~wkeim/files/eu-complaint.htm. Germany is now (in the federation and 12 of 16 states) the only major European country without Freedom of Information: http://home.broadpark.no/~wkeim/foi-europe.gif. A law has been promised since 1998. Experts as the Freedom of Information Commissioner of Schleswig-Holstein consider the newest draft law a means of rejecting access. Germany will "progress" from last to second last place internationally: http://home.broadpark.no/~wkeim/files/041013btf.htm.
I would like to emphasize that the right to information is part of the right to freedom of expression, which is confirmed by international human rights laws, specifically by the International Pact of Civil and Political Rights (article 19), and the Universal Declaration of Human rights (article 19), all of them ratified by Germany and incorporated into German law.
As suggested by EU I have informed the Human Rights Commissioner of the Council of Europe: http://home.broadpark.no/~wkeim/files/coe-complaint.htm who will review this material in the context of a future visit: http://home.broadpark.no/~wkeim/files/coe-031128.htm. In addition I have informed the Council of Europe about the situation in Germany: http://home.broadpark.no/~wkeim/files/coe-031226.htm in the context of a survey.
However the President Luzius Wildhaber of the European Court of Human Rights (ECHR) criticized the German government and the German constitutional court. The fact that judgments of the European Court of Human Rights are not followed by German courts shows lack of commitment to Europe: http://www.spiegel.de/politik/deutschland/0,1518,327801,00.html. Germany violates Article 46 of the European Convention of Human Rights to obey judgments. This violation also violates EU treaties:
Article 6 (1) 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."
Therefore I would like to suggest to add my material to the complaint to President Prodi : PRODI (2004) A/4718 SG/G/2/AFP D (2004) of the Justiz-Opfer-Initiative Clausthal dated 18. May 2004 on the start of an investigation according to Article 7 of the TREATY ON EUROPEAN UNION.
Unfortunately the German Constitutional Court failed to declare the Law of Legal Advice of 1935 unconstitutional : http://www.forumjustizgeschichte.de/Wasch_mir_den_P.198.0.html. The result is very simplified that judges now can give free altruistic advice. Therefore the "Robin Hood" of German legal system http://home.broadpark.no/~wkeim/files/fight_legal_advice_law.htm has to use a case before the European Court of Human Rights: http://home.broadpark.no/~wkeim/files/bockmann_nazi_law.htm to overcome this Nazi law from 1935, which is unnecessary restricting Article 47 of the Charter of Fundamental Rights of the European Union: "Everyone shall have the possibility of being advised, defended and represented. "
Obviously positive decisions of the European Court of Human Rights would be worthless, if Germany does not recognize that decisions are binding.
In my opinion Germany must be sentenced: http://home.broadpark.no/~wkeim/files/041106btf-en.htm as I applied for at the Administrative Court in Berlin.
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 European my opinion is that Germany should respect the fundamental rights of the Charter of the European Union and has to respect human rights.
I am looking forward to receiving your answer.
In my opinion Germany must be sentenced: http://home.broadpark.no/~wkeim/files/041106btf-en.htm
Human Right violations in Germany: http://home.broadpark.no/~wkeim/files/de_human_rights.htm
Support freedom of information: http://home.broadpark.no/~wkeim/foi.htm#e-mail, http://home.broadpark.no/~wkeim/petition_un.htm,
Who is responsible for the lack of freedom of information: http://home.broadpark.no/~wkeim/I_accuse.htm
Support patients rights: http://home.broadpark.no/~wkeim/patients.htm#e-mail
Copy: Justiz-Opfer-Initiative Clausthal.
1. December 2004: Letter to EU Ombudsman.
17. Jan. 2005: Follow up letter.
27. Jan. 2005: Commission ignores that human right violations have been documented 2004 and seems not to be committed to human rights.
14. July 2005: EU Commission suggests complaint to ECHR.
Visitor No. since 30. November 2003
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