Summaries of selected statements | 77
in the governing of the State’ and that the Ministry and
the Royal House were therefore to be regarded as one
and the same authority.
Ministry of Environment and Food
The Ombudsman pointed out that when access is
requested to correspondence of an administrative authority with the sovereign (or, for instance, The Crown
Prince), this raises the question whether the correspondence is to be considered internal or external
within the meaning of the Access to Public Administration Files Act. The answer depends on the nature of
the correspondence, including whether it took place in
connection with ‘participation in the governing of the
State’.
2018-37. Authority for rules on loss of right to take
out game licence and requirement to pass shotgun
shooting test. Interpretation of transitional provisions on right to hunt with rifle or shotgun
A man had been entitled to hunt with a shotgun or a
rifle before the Game Act came into force in 1994
but lost his right to take out an (annual) game licence
under the so-called ‘10-year rule’ of the Executive
Order on Game Licences. Under the 10-year rule, any
person who has not taken out a game licence within
the last 10 years loses the right to do so.
In relation to the specific case, the Ombudsman pointed out that The Crown Prince was elected member
of the IOC in a personal capacity. According to the
available information, The Crown Prince’s tasks as a
member of the IOC had at no time been carried out in
connection with ‘participation in the governing of the
State’.
On that basis, the Ombudsman was of the opinion that
the correspondence between the Ministry of Culture
and the Royal House in the specific case did not take
place in connection with ‘participation by the Royal
House in the governing of the State’, and that therefore the Ministry and the Royal House could not be
regarded as one and the same authority. As a result,
the documents to which the journalist had requested
access were in the Ombudsman’s opinion not internal
under section 23(1) paragraph (1) of the Access to
Public Administration Files Act.
On that basis, the journalist was entitled to access to
the documents unless access could be denied under
other provisions in the Act.
The Ministry of Culture subsequently reopened the
case.
The following statement on a case concluded in 2018
has been published:
The authorities now required that, in order to be
entitled to go rifle and shotgun hunting, the man pass
the rifle shooting test and the shotgun shooting test,
which were introduced with the coming into force of
the Game Act in 1994 and by an amendment to the
Executive Order on Game Licences respectively.
In the man’s opinion, there was no authority under the
Game Act for the 10-year rule or the rules on a shotgun shooting test of the Executive Order.
In addition, he was of the opinion that he was in any
case exempt under transitional provisions from the
requirement to pass the rifle shooting test and the
shotgun shooting test.
The Ombudsman could not criticise the authorities’
view that there was sufficient authority under the
Game Act for the 10-year rule and the rules on a shotgun shooting test of the Executive Order.
In addition, the Ombudsman could not criticise the
authorities’ view that the transitional provisions on
exemption from the rifle shooting test and the shotgun
shooting test did not apply to persons who had lost
their right to take out a game licence under the 10year rule.
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