COMPLAINT
TO THE COMMISSION OF THE EURO PEAN COMMUNITIES
CONCERNING FAILURE TO COMPLY WITH COMMUNITY LAW
1. Surname and
forename of complainant:
NINA PAVLIDOU
2. Where
appropriate, represented by:
ΠΡΟΕΔΡΟΣ ΕΛΛΗΝΩΝ ΠΟΛΙΤΕΙΑ
PREZIDENT of the NATIONAL GREEK POLITICAL PARTY
(ΕΛΛΗΝΩΝ ΠΟΛΙΤΕΙΑ) www.el-pol.gr
3. Nationality:
GREEK
MAGDEBURGER str.11 METTMAN- GERMANY
P.C. 40822
5. Telephone/fax/e-mail
address:
00411788918661 fax 0041178891866
EMAIL : nina.pavlidou@web.de
ninapavlidou@EUROPEAN-CENTER.EU
6. Field and
place(s) of activity:
MINISTRI OF CITIZENSHIP-MINISTRI
OF ECONOMIC
7. Member State or
public body alleged by the complainant not to have complied with Community law:
GRECE –NATIONAL GOUVERNMENT
Η
χρήση του παρόντος εντύπου καταγγελίας δεν είναι υποχρεωτική. Η καταγγελία μπορεί να υποβληθεί στην
Επιτροπή με απλή επιστολή, αλλά είναι προς το συμφέρον του καταγγέλοντος να
συμπεριλάβει όσο το δυνατόν περισσότερο
συναφείς πληροφορίες. Αυτό το έντυπο
μπορεί να αποσταλεί με σύνηθες ταχυδρομείο στην ακόλουθη διεύθυνση:
Commission
des Communautés européennes
(à
l'attention de M. le Secrétaire Général)
Rue
de la Loi, 200
B-1049
Bruxelles
BELGIQUE
Αυτό
το ίδιο έντυπο μπορεί επίσης να κατατεθεί σε ένα από τα Γραφεία της Επιτροπής στα κράτη μέλη. Ηλεκτρονική μορφή του ιδίου εντύπου μπορεί να
αναζητηθεί στον κεντρικό υπολογιστή Internet της Ευρωπαϊκής ΄Ενωσης
(/eu_law/your_rights/your_rights_forms_en.htm).
Προκειμένου
μια καταγγελία να είναι παραδεκτή, πρέπει να καταγγέλλει παράβαση του
κοινοτικού δικαίου από κάποιο κράτος μέλος.
8. Fullest possible account of
facts giving rise to complaint:
Non-compliance with
Community law - abuse of power -
breach
of he Treaty on European Union by national institutions for the protection of
European citizens
impede
the right of life INSIDE the European Association
9.
As far as possible, specify the
provisions of Community law (treaties, regulations, directives, decisions,
etc.) which the complainant considers to have been infringed by the Member
State concerne
Charter
of Fundamental Rights of the EU
C83/03/2010
TITLE I articl 1 articl 3
TITLE II aticl 6 articl 10 articl 11 articl 14 + 17
TITLE
III articl 20 articl 21,1
TITLE IV
articl 28 articl 30 articl 36 articl 37+38
TITLE V articl 41 articl 44
TITLE VI articl 47
TITLE VIII articl 51articl 52
C83/01/30-03-2010 articl 2
articl 3
C306/4/17-12-2007 Lisbon
Treaty on vindication europeancitizens
141 Treaty of E.K.A.E. And atricl
258 the Treaty on the Functioning
of the European
10. Where appropriate,
mention the involvement of a Community funding scheme (with references if
possible) from which the Member State concerned benefits or stands to benefit,
in relation to the facts giving rise to the complaint:
xxxxxxxxxxxxxxxxx
11. Details of any
approaches already made to the Commission's services (if possible, attach
copies of correspondence):
NO YET ..but we
will sent VICE PRESIDENT
commissioner
VIVIANE REDING (justice,citizenship)
VICE PRESIDENT commissioner NEELIE KROES ( digital agenda)
12. Details of any
approaches already made to other Community bodies or authorities (e.g. European
Parliament Committee on Petitions, European Ombudsman). If possible, give the
reference assigned to the complainant's approach by the body concerned:
Yes
EUROPEAN COURT OF HUMAN RIGHTS
AND THE INTERNATIONAL CRIMINAL COURT
13. Approaches already
made to national authorities, whether central, regional or local (if possible,
attach copies of correspondence):
THE OTHER GREEK PEOPLE
13.1 Administrative
approaches (e.g. complaint to the relevant national administrative authorities,
whether central, regional or local, and/or to a national or regional
ombudsman):
XXXXXXXXX
13.2 Recourse to national
courts or other procedures (e.g. arbitration or conciliation). (State whether
there has already been a decision or award and attach a copy if appropriate):
have become representations and send all the documents
14. Specify any
documents or evidence which may be submitted in support of the complaint,
including the national measures concerned (attach copies):
Yes we send all the documents
"I authorise the Commission to
disclose my identity in its contacts with the authorities of the Member State
against which the complaint is made."
"I request the Commission not to
disclose my identity in its contacts with the authorities of the Member State
against which the complaint is made."
16.
Place, date and signature of
complainant/representative:
GERMANY -METTMAN
12-April-2012
NINA PAVLIDOU
PREZIDE
NATIONAL GREEK POLITICAL PARTY
(ΕΛΛΗΝΩΝ ΠΟΛΙΤΕΙΑ)
www.el-pol.gr
(Explanatory note to appear
on back of complaint form)
Each Member State
is responsible for the implementation of Community law (adoption of
implementing measures before a specified deadline, conformity and correct
application) within its own legal system. Under the Treaties, the Commission of
the European Communities is responsible for ensuring that Community law is
correctly applied. Consequently, where a Member State fails to comply with
Community law, the Commission has powers of its own (action for non-compliance)
to try to bring the infringement to an end and, if necessary, may refer the
case to the Court of Justice of the European Communities. The Commission takes
whatever action it deems appropriate in response to either a complaint or
indications of infringements which it detects itself.
Non-compliance means failure by a Member State
to fulfil its obligations under Community law, whether by action or by
omission. The term State is taken to mean the Member State which infringes
Community law, irrespective of the authority - central, regional or local - to
which the non-compliance is attributable.
Anyone may lodge a complaint with the
Commission against a Member State about any measure (law, regulation or
administrative action) or practice which they consider incompatible with a
provision or a principle of Community law. Complainants do not have to
demonstrate a formal interest in bringing proceedings. Neither do they have to
prove that they are principally and directly concerned by the infringement
complained of. To be admissible, a complaint has to relate to an infringement
of Community law by a Member State. It should be borne in mind that the
Commission’s services may decide whether or not further action should be taken
on a complaint in the light of the rules and priorities laid down by the
Commission for opening and pursuing infringement procedures.
Anyone who considers a measure (law,
regulation or administrative action) or administrative practice to be
incompatible with Community law is invited, before or at the same time as lodging
a complaint with the Commission, to seek redress from the national
administrative or judicial authorities (including the national or regional
ombudsman and/or arbitration and conciliation procedures available). The
Commission advises the prior use of such national means of redress, whether
administrative, judicial or other, before lodging a complaint with the
Commission, because of the advantages they may offer for complainants.
By using the means of redress available at
national level, complainants should, as a rule, be able to assert their rights
more directly and more personally (e.g. a court order to an administrative
body, repeal of a national decision and/or damages) than they would following
an infringement procedure successfully brought by the Commission which may take
some time. Indeed, before referring a case to the Court of Justice, the
Commission is obliged to hold a series of contacts with the Member State
concerned to try to terminate the infringement.
Furthermore, any
finding of an infringement by the Court of Justice has no impact on the rights
of the complainant, since it does not serve to resolve individual cases. It
merely obliges the Member State to comply with Community law. More
specifically, any individual claims for damages would have to be brought by
complainants before the national courts.
The following administrative guarantees exist
for the benefit of the complainant:
(a) Once
it has been registered with the Commission's Secretariat-General, any complaint
found admissible will be assigned an official reference number. An
acknowledgment bearing the reference number, which should be quoted in any
correspondence, will immediately be sent to the complainant. However, the
assignment of an official reference number to a complaint does not necessarily
mean that an infringement procedure will be opened against the Member State
in question.
(b) Where
the Commission's services make representations to the authorities of the Member
State against which the complaint has been made, they will abide by the choice
made by the complainant in Section 15 of this form.
(c) The
Commission will endeavour to take a decision on the substance (either to open
infringement proceedings or to close the case) within twelve months of
registration of the complaint with its Secretariat-General.
(d) The
complainant will be notified in advance by the relevant department
if it plans to propose that the Commission close the case. The
Commission's services will keep the complainant informed of the course of
any infringement procedure.
***