Summaries of selected statements | 57
The authorities’ conception of the law in this connection did not give the Ombudsman cause for comment.
However, the woman pointed out that she had contacted her unemployment insurance fund for guidance on
voluntary early retirement and eligibility for a tax-free
bonus when she stopped her part-time job to work
solely in her husband’s firm, and that the unemployment insurance fund had informed her that her work
would count towards her eligibility as long as she
continued to pay her membership fee. The woman
therefore found that her unemployment insurance
fund was responsible for her losing her eligibility for a
tax-free bonus.
The National Social Appeals Board criticised the
guidance which the unemployment insurance fund
had given the woman. However, the Board was of the
opinion that it could not order the unemployment
insurance fund to redress the adverse effects of
its inadequate guidance – in other words place the
woman in a position as if she had been given correct
guidance by her unemployment fund and had acted
accordingly.
The Ombudsman pointed out that the woman’s unemployment insurance fund did not – either at the
time of its guidance or today – offer the type of unemployment insurance which she would presumably
have taken out if she had been given correct guidance.
Thus, if the unemployment insurance fund had guided
the woman correctly at the time, this would not have
resulted in her taking out full-time unemployment
insurance with her unemployment insurance fund.
On that basis, ordering the unemployment insurance
fund to place the woman financially in a position as if
she had taken out full-time unemployment insurance
at the time of its guidance would be tantamount to
ordering it to pay damages to the woman for the loss
she might have suffered as a result of the guidance
which she had been given. As such an order was not
a response which was available to the National Social
Appeals Board within the field of unemployment insur-
ance, the Ombudsman had no grounds for repudiating
the Board’s assessment of the question of redress of
the adverse effects of the guidance given by the unemployment insurance fund.
Prime Minister’s Office
The following statement on a case concluded in 2019
has been published:
2019-12. Material about construction of new
district in Copenhagen exempt from access
A journalist asked the Prime Minister’s Office for
access to material about the project to construct
an artificial island, Lynetteholmen, off the coast of
Copenhagen.
The Prime Minister’s Office considered some of the
documents to which the journalist had requested
access to be part of a case concerning legislation and
therefore exempt from access.
The reason why the Prime Minister’s Office found that
there was a case concerning legislation within the
meaning of the Access to Public Administration Files
Act was that in order that the construction project
could be carried out, it was a prerequisite that a number of bills be introduced.
The Ombudsman agreed with the Prime Minister’s
Office that the case was to be decided under the
Environmental Information Act and the 1985 Access
to Public Administration Files Act.
In the Ombudsman’s opinion there was a case concerning legislation within the meaning of the Access
to Public Administration Files Act at the time when the
documents to which the journalist had been denied
access were produced.
In this connection, the Ombudsman gave particular
weight to the fact that the project had a specific, delimited content as the overall objective of the project
was to construct a new district in Copenhagen, and to
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