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Annual Report 2010
authority, this is not a dismissal case within the administration, and the rules
concerning the hearing of parties laid down in section 19 of the Public Administration Act do not apply. Nonetheless, good administrative practice implies
that the employee should be heard in such a situation (Annual Report of the
Parliamentary Ombudsman, 2009, Case No. 1-1). In this connection, the
employee should also be informed which decision or reaction the authority has
in mind (for instance dismissal or a warning), so as to be able to take this into
account in his/her statement before the final decision is made.
Group B also involves good administrative practice as an extension of rules of
law – now not in connection with a specific case, but as a general standard of
behaviour. As an example the prohibition against accepting gifts can be mentioned. Of course this prohibition can be regarded as an extension of the rules
prohibiting the acceptance of bribes, but it is also related to the rules of law
concerning disqualification.
The statutory rules concerning disqualification have not only been established
to prevent subjective and therefore wrong decisions. They also have the wider
objective of helping to establish confidence that the administration is not in
fluenced by extraneous considerations, that it is impartial. Here, the disqualification rules are extended by the standards of good administrative practice
preventing public employees from receiving gifts from citizens. If they did, this
would reduce confidence in the administration’s impartiality and, in the worst
case, also affect the objectivity of the decisions.
ADMINISTRATIVE PRACTICE NOT LINKED TO RULES OF LAW
Guidelines concerning case processing times are an important example of
group C – good administrative practice when processing specific cases involving
citizens, but usually not linked to existing rules of law.
Whether the case processing time is too long depends on various circumstances,
above all the nature of the case. It is therefore usually impossible to set specific
deadlines for how long the processing of a case may take. However, the principles of good administrative practice comprise other types of general directions
on case processing time; for instance, a case should not remain untouched for
a long time without any kind of action. If the case processing is protracted, the
citizen must be informed of this and given a reason as well as an indication of
when a decision is likely to be made, if possible. Reminders from the citizen
must be answered.