Vienna 14.07.2016

 

TO: Mr Emmanuel Crabit Rule of Law unit in DG Justice, Head of Unit, EU

 

Dear Mr. Crabit

 

Herby I would like to file a complaint about the incomplete integration of some of the Austrian regulation with the EU recommendations resulting in the breaches of Rule of Law and infringement on the human rights. Please consider it as my contribution to the well-functioning EU, increased credibility of the EU and improved national legislation.

 

1.     The investigation process I am referring to was initiated by a malicious and untrue denunciation and threatens my security, limits my life option and restricts my civil liberties and the human right.

2.     By invitation of a crowd of neighbours to my premises I am exposed to mob intervention and mob-judgment. This violates my freedom, social standing and privacy consequently my human rights.

3.     The process of investigation is non-transparent and secretive. I don’t know what I am accused for (I know it is done through denunciation for dubious reasons), I have not been given any background and related documents which could help me to defend myself. This violates the EU rules and is in breach of the EU Rule of Law.

I am concerned with the outcome of the process which is not compatible with the EU regulations, which is non-transparent and can be repeatedly invoked by the third persons limiting my social, human democratic rights.

 

I have a long experience of living outside of my country Sweden and had been exposed to many inconsistencies of the EU. The EU has promised uniformity by integration of the Rule of Law, Equality of all EU citizens across all the EU countries. 

 

I was hoping that with the access of Sweden to the EU I would be able to have more unified and coherent system in the EU Member States especially taking into account the precedence of the EU regulations. It would have simplified my life. Unfortunately it has created more problems for me. Assuming that the EU framework is a valid platform, I clash with the local authorities which often ignore EU regulation.

 

The case I make reference to and which involve my Garden House, illustrates the major problem in the integration of the Austrian administrative and legal system with the EU regulation. In many countries even the basic framework required from a Member State at the access time is still not present.

 

The recent review of the last Presidential election in May by the Constitution Court reveals major deficiencies of the processes in Austria. Therefore the Constitutional Court requested a re-run of the elections. It is difficult for me to have a trust that the process in which I am involved is conducted in the correct way.

 

In my case, in contact with the local Authorities I try to assert that the process should follow the EU regulations. Unfortunately I don’t get much response. The communication process will take time therefore my pragmatic solutions would be as follows;

A.     Suspend the investigation based on the denunciation until the process is reviewed for conformity with the EU regulation.

B.     Review the whole process and evaluate each component for the conformity with the EU regulations and correct deficiencies. (Some of the legal framework is still from the old times) meanwhile the investigation should be suspended.

C.     After the review  one could  pursue the investigation or finally abandon it

I would be grateful if you could assist me to suspend the actions until the process is reviewed. The decision maker is the Head of the Building Inspectorate (Baupolizei) Mr. Gerhard Cech.

 

I would like to make clear that the case I am referring to is of principle character. At stake is the trust in the EU institutional and credibility of the EU. If I am not able to rely on the EU legislation and its validity in the Member States then the EU is not bringing any additional value for me and the whole project is not necessary, especially that the standards of Human Right, Transparency, Right-to-Access are high in Sweden. I am not engaged in a petty legal quarrel, it is a fundamental question. Is the EU ready to maintain her/its own dignity and ensure that the promises she/it comes with are fulfilled.  We have to work for a united, tolerant integrated Europe within the EU framework alternatively we succumb to the “shadows of the nationalistic and populistic ideas”.

 

(In addition please forward the E-mail to any additional units concerned with the conformity to the EU regulation)

 

Yours Sincerely

 

Richard Gronvius

Retiree UN/IAEA, Swedish

www.gardenius.com

direct link to the case, the text is also in English

www.gardenius.com/#gartenhaus

full background info

www.gardenius.com/plus

my Austrian twitter account

www.twitter.com/@pet_jor

 

Mr Emmanuel Crabit Rule of Law unit in DG Justice, Head of Unit, Emmanuel.Crabit@ec.europa.eu

 

Mr Frans Timmermans, Vice-President EU, frans-timmermans-contact@ec.europa.eu

Mr Sebastian Kurz, Foreign Minister of Austria sebastian.kurz@bmeia.gv.at

Mr. Gerhard Cech, head of Building Inspectorate gerhard.cech@wien.gv.at

Attachment: the request to the Building Inspectorate to end unjust, non-transparent investigation brought by false and untrue denunciation