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annual report 2013
H. MINISTRY OF THE ENVIRONMENT
The following case concluded in 2013 was selected for publication as part of the
Annual Report:
2013-9. Legal delegation of case preparation to law firm
In connection with the processing of a specific case, the Ombudsman became
aware that the Environmental Board of Appeal had received assistance from the
Legal Adviser to the Danish Government (Kammeradvokaten), a private law
firm, with processing appeals in a number of specific cases on livestock farming. There was no statutory authority for the Environmental Board of Appeal to
delegate tasks in connection with the processing of specific cases in this field to
private firms. The Ombudsman therefore opened a case on his own initiative to
investigate whether the arrangement had been legal.
After investigating the case, the Ombudsman concluded that the assistance
which the Legal Adviser to the Danish Government had given to the Environmental Board of Appeal in connection with the processing of the specific
cases was in compliance with the general principles of administrative law on the
delegation of the exercise of authority to private firms.
In his statement, the Ombudsman listed some of the most important conditions
which must be met before a public body can legally delegate tasks in connection with case preparation in cases involving decisions to private firms without
explicit statutory authority.
I. MINISTRY OF HOUSING, URBAN AND RURAL AFFAIRS
No cases concluded in 2013 were selected for publication as part of the Annual
Report.
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