14 | Annual Report 2019
‘Buying elastic by the metre’
The man who wanted a deduction for the expenses for upgrading the sewer system had, with
good reason, difficulties understanding why he
had to negotiate with the authority about his deduction. Among other things, he wrote to SKAT:
‘I notice (…) that there is no reference to any sections in acts or guidelines. But that you sit there
solely assessing what to accept, it does not
seem legally correct, if one of your colleagues
assessed the same case, your colleague might
have another interpretation and perception and
therefore accept things which you won’t. It is like
buying elastic by the metre.’
The examples in this article show that it is important that authorities manage their different
roles because otherwise it may have consequences for the citizens’ legal rights. Ultimately,
a citizen can end up suffering an actual loss of
rights.
In the article ‘When schools have to be legal
eagles’ from the Ombudsman’s Annual Report
for 2015, a number of examples are given of
schools making decisions without being aware
of their role as decision-making authorities.
– contrary to guidance – makes increased demands on the case investigation and the case
processing for that matter, for example that the
Public Administration Act’s rules on parties’
legal rights must be observed.
Obviously, this does not mean that authorities
ought to stop giving citizens proper and concrete guidance – the authorities just have to
remember to let citizens know that it is solely a
matter of guidance and therefore not a decision.
Common to the examples are furthermore that
they illustrate that the authorities’ confusion
about their role may harm citizens’ trust in the
public authorities.
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