Microsoft Word - PAD-2021-00116-reply

Dieses Dokument ist Teil der Anfrage „Responses to access to documents in 2021

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the documents of the selection procedure n. RCT-2020-0008.I have recently participated in the selection procedure for the AD7 post as Fundamental Rights Monitor, n. RCT-2020-00081, undergoing a written test and an interview. On March 26th, I have been informed that I had not been selected and that I was not even included in the reserve list.I immediately required feedback from the HR Office. I received a grid reporting my evaluation points, which was full of errors in the calculations and acknowledged in a follow-up response. Therefore, I formally request to have access to all the documents related to the selection procedure to know the logical mechanism followed by the panel in the selection procedure. In particular, I kindly request to receive the following documents and information - the number of candidates that were invited to the final stage of the recruitment (written test and interview); - the number of candidates that were offered the position; - the number of candidates put in the reserve list; - the minutes approved by the selection committee regarding criteria followed to evaluate the candidates; - all the documents related to my selection procedure, including the evaluation/punctuation given by each member of the selection panel, as well as the motivation given to justify the outcome. The evaluation/punctuation documents shall be the original files filled in by the panel members and shall include the motivation given to justify the outcome as well as formulas to make automatic calculations, if any. - All the documents related to at least three candidates who received an outcome above to 65%. The documents shall include the application form, the written test, the 1 In accordance with Article 7(3) of Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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evaluation/punctuation given by each member of the panel, as well as the motivation given to justify the outcome. The evaluation/punctuation documents shall be the original files filled in by the members of the panel, and shall include formulas to make automatic calculations, if any. - All the documents related to at least three candidates who received an outcome between 50% and 65%. The documents shall include the application form, the written test, the evaluation/punctuation given by each member of the panel, as well as the motivation given to justify the outcome. The evaluation/punctuation documents shall be the original files filled in by the panel members, and shall include formulas to make automatic calculations, if any. - All the documents related to at least three candidates who received an outcome below the 50%. The documents shall include the application form, the written test, the evaluation/punctuation given by each member of the panel, as well as the motivation given to justify the outcome. The evaluation/punctuation documents shall be the original files filled in by the members of the panel and shall include formulas to make automatic calculations, if any. Of course, the documents related to other candidates shall not contain any personal data; nonetheless, it is crucial that each batch of documents can be referred to a specific candidate. I suggest zipping the files and indicating the documents as referring to candidate 1, candidate 2, etc.Given the necessary transparency that these processes have to ensure it is in my right to understand better how the process was conducted and why I was not selected. Concerning your application for “documents related to the selection procedure to know the logical mechanism followed by the panel in the selection procedure”, please find attached the “Selection notice for Fundamental Rights Monitor - Advanced Level RCT-2020-00081”, which was made available to the public and is thus sent to you outside the scope of Regulation (EC) No 1049/2001. Please find, in regard to your application for “the number of candidates that were invited to the final stage of the recruitment (written test and interview)”, “the number of candidates that were offered the position”, “the number of candidates put in the reserve list”, the documents “FROM Presentation (28 April 2021)”, “Kick-off meeting minutes RCT-2020-00081”, “UTP5UAZZ_BOTTONE_RCT-2020-00081” and “Applicants data RCT-2020-00081”” attached. The non-disclosed parts contain personal data, such as names of individuals and/or characteristic features which could lead to the identification of individuals. The disclosure would undermine the protection of privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data and therefore has to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001. The document “Kick-off meeting minutes RCT-2020-00081” also covers your application for “the minutes approved by the selection committee regarding criteria followed to evaluate the candidates”. While the non-disclosed parts contain personal data as explained above, further documents cannot be made available as they contain personal data of the committee and of applicants within the meaning of Regulation (EU) 2018/1725.2 In addition, as the selection procedure was ongoing when you submitted your application and has not yet concluded, disclosing these would seriously undermine internal decision-making processes regarding current and future recruitment procedures, in particular in regard to fundamental rights monitors, of Frontex. These considerations require special protection. Namely, disclosing those documents would reveal positions of the committee, which would erode the mutual trust among current and future participants in such procedures. In addition, such 2 Regulation (EU) No 2018/1725 of 23 October 2018 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 23.10.2018, p. 39). Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future procedures. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of these documents is ascertainable in the present case, they cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. A partial release of the documents could not be undertaken, as their redaction would be disproportional in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound administration. More specifically, the administrative burden necessary to identify and redact the releasable elements would be disproportionate to the interest in the disclosure exercise itself, while the released document(s) would not convey any informative value due to its/their significantly reduced form. Consequently, a partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. For these reasons, also the documents regarding the final three indents of your application – “All the documents related to at least three candidates…” – cannot be made available. In regard to your application for all the documents related to my selection procedure, including the evaluation/punctuation given by each member of the selection panel, as well as the motivation given to justify the outcome. The evaluation/punctuation documents shall be the original files filled in by the panel members and shall include the motivation given to justify the outcome as well as formulas to make automatic calculations, if any Further to the information made available to you by the Human Resources and Security Unit on 31 March 2021, the document “Kick-off meeting minutes RCT-2020-00081” also covers this part of your application. Kindly be reminded that the copyright of the document/s rests with Frontex and making this/these work/s, available to third parties in this or another form without prior authorisation of Frontex is prohibited. Please also note that Frontex does not assume liability stemming from the use of the document/s. Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, within 15 working days of the receipt of this letter, you may submit a confirmatory application to Frontex to reconsider its position. Based on Article 8 of Regulation (EC) No 1049/2001, Frontex will reply to you within 15 working days from the registration of such application. You can submit your confirmatory application by post or electronically. Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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