Dr Hans Leijtens Executive Director European Border and Coast Guard Agency

 

 

Dear Dr Leijtens,

I have received a complaint against the European Border and Coast Guard Agency (Frontex). The complaint concerns Frontex’s refusal to provide complete lists of documents it identifies as falling within the scope of public access to documents requests.

The complainant considers that the refusal by Frontex to provide such lists undermines the right of requesters to submit an effective and informed appeal.

I have previously taken the view that it is a matter of good administration to provide applicants with a list of the documents identified as falling within the scope of a public access request, unless the very disclosure of the list undermines the interest(s) to be protected.[1]

I have therefore decided to open an inquiry into this complaint and consider that it would be useful to receive a written reply from Fontex. In particular, I would be grateful if Frontex could explain its position on the arguments put forward by the complainant and the (legal) basis for its practice more generally.  

I would be grateful to receive a reply from Frontex by 20 October 2023. Please note that I am likely to send your reply and related enclosures to the complainant for comments.^[2] We may also decide to publish your reply.

The responsible inquiries officer is Ms Oana Marin.

Yours sincerely,

 

Emily O'Reilly

European Ombudsman

Strasbourg, 20/07/2023

 

 

[1] See Decision in case 1278/2022/JK available at: https://www.ombudsman.europa.eu/en/case/en/62052.

[2] If you wish to submit documents or information that you consider to be confidential, and which should not be disclosed to the complainant, please mark them ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox.Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.