APPENDIX B: SUMMARIES OF SELECTED CASES
2012-14. Exchange rate used for calculation of overseas
study grant
A student received an overseas study grant to cover tuition fees for her Australian
master’s degree in communication. According to the provisions of the State
Education Grant and Loan Scheme Act, the overseas study grant corresponded
to ‘the actual tuition fee’. However, because of rules in the State Education
Grant and Loan Scheme Executive Order on the exchange rate for tuition fees
stated in a foreign currency, the student was refunded an amount which was
less than the tuition fee she had actually paid.
The student complained to the then Ministry of Education and subsequently to
the Ombudsman. The Ombudsman stated that the provisions of the State Education Grant and Loan Scheme Act did not in themselves provide a legal basis
for a system whereby overseas study grants were assigned at a significantly lower
exchange rate than the rate on the day of payment. In addition, the Ombudsman did not find that the Minister of Education had a sufficient legal basis to
lay down rules on such a system in the Executive Order.
Even before the Ombudsman made his statement, the Ministry had informed
him that it was prepared to cover the shortfall suffered by the student. The
Ministry had also stated that it would take steps to change the legislation.
Finally, the Ministry had outlined how it would deal with the other decisions
on overseas study grants which had been or would be made before the rules
were changed. Consequently, the Ombudsman took no further action in the
matter.
2012-22. Several fixed-term appointments not unlawful.
Implementation of EU directive
A lawyer complained that after a woman had been employed in several fixedterm appointments, she still had not been given a permanent job at Aarhus
University. In the lawyer’s opinion the woman’s temporary employment contracts had been continuously extended in violation of the provisions of an
EU directive that Denmark was obliged to implement during the time of the
woman’s employment at the university.
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