14
ANNUAL REPORT 2013
extent. This means, among other things, that we aim to conclude our cases at
the latest 20 working days from the time when they are ready for assessment (in
complicated cases, our aim is 40 working days).
During the political negotiations about the new Act, it was agreed that three
years after the coming into force of the Act, Parliament’s Legal Affairs Committee would ask the Ombudsman to report on the practices of the public
authorities regarding the provisions of section 24 and section 27(ii) of the Act.
This gave rise to uncertainty in the media about the Ombudsman’s actual role,
and we emphasised that we are solely required to report on whether the practices of the public authorities are in accordance with the Act, and not whether the
provisions of the Act are appropriate. The latter is a purely political issue, which
is for Parliament and not the Ombudsman to decide.
Special cases in 2013
The brief summaries inserted here and there throughout this Annual Report
reflect the diversity of issues which we deal with on a daily basis. In the following, I will outline some of the cases from 2013 which stood out in one way or
another1:
Many of our cases concern foreign nationals (aliens) in Denmark, and they provide an insight into the conditions for a group of vulnerable people.
In one case, an HIV-infected woman from West Africa was about to be deported
from Denmark, but she asserted that she was in successful treatment which
she feared would not be available in her home country (2013-25). However,
the Ministry for Justice refused her application for a humanitarian residence
permit without investigating whether treatment options were in fact available
in the woman’s home country. This was obviously a very serious matter – one
might have doubts about the woman’s future prospects – but the authorities
had followed a detailed practice on when to investigate treatment availability
in the applicant’s home country, and we had to consider this practice to have
been sanctioned by Parliament. In addition, the practice on this subject by the
European Court of Human Rights is very restrictive, and consequently, we did
not have grounds for criticising the authorities’ practice. So we were unable to
help the woman.
1) For a more detailed examination (in Danish only) of the legal aspects of selected Ombudsman statements published in 2013, see the article ‘Udtalelser om almindelige forvaltningsretlige spørgsmål’
(‘Statements on general issues pertaining to administrative law’) under ‘Ombudsmandens beretning
2013’ at www.ombudsmanden.dk.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents