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Marianne Halkjær Ebbesen
Legal Case Officer
Lisbeth Adserballe
Senior Head of Division
An authority can have many varied tasks and therefore act in
various roles. Besides making decisions within the meaning
of the law, authorities give guidance, for example, and make
private law contracts. It can be difficult to keep the roles
separate, and that may affect citizens’ legal rights.
Most people probably consider public authorities
as a kind of administrators of the welfare state –
they see to it that children are looked after in daycare institutions, that patients receive treatment
at hospitals, and that those who cannot fend for
themselves get help. But very few, presumably,
consider the several and essentially different
roles the authorities have in that connection.
And sometimes even multiple roles in the very
same case.
One role is where authorities make decisions. In
these cases, the authority unilaterally decides
what is or what is going to be applicable law in
the situation. By way of example may be mentioned declaration of planning permissions, allocation of student grants or change of a citizen’s
tax assessment.
A second role is the more service and operations
oriented part of authorities’ tasks, for example
practical patient treatment, operation of daycare institutions and schooling in primary and
lower secondary schools. This is called ‘actual
administrative activity’. Guidance of citizens or
businesses is yet another example of actual administrative activity.
A third role pertains to entering into agreements.
For example, when a municipality is selling a
building site or entering into a tenancy agreement. In these situations, the municipality acts
as an ordinary contracting party equally with
You can’t get planning
permission.
Decision-making
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