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ANNUAL REPORT 2017
independently as a dentist in Denmark on the grounds of inadequate Danish
language proficiency.
According to the relevant executive order, the dentist had to ‘pass’ a test of his
language/communicative skills (a Danish language test).
However, the Danish Patient Safety Authority and the Ministry required
the dentist to pass the language test and achieve at least the marks 7 and 10
(equivalent to C and B, respectively, on the ECTS scale). That was stated on
the Authority’s website.
The dentist had passed a Danish language test but had not achieved at least
7 and 10.
He complained to the Ombudsman, who stated that the word ‘pass’ in the
executive order was to be understood as meaning ‘achieve a minimum mark
of 02’ (equivalent to E on the ECTS scale), which is the pass mark on the
marking scale used by educational establishments in Denmark. Therefore, the
executive order did not authorise an interpretation that a higher minimum
mark than 02 was required. The case also occasioned the Ombudsman to
comment that an authority cannot establish new requirements (or rights) for
citizens on its website.
The Danish Patient Safety Authority has now amended the executive order
so that the specific language test to be taken and the minimum marks to be
achieved are directly stated.
2017-8. Case concerning access to document from 1997 should
have been investigated in more detail before access was denied
A man complained to the Ombudsman because the Ministry of Health had
denied him access to a statement of 4 February 1997 from the Danish Health
Authority to the Ministry of Health. In its decision, the Ministry referred to
the provision of the Access to Public Administration Files Act on ministerial
advice and assistance. The statement of the Health Authority had been made
as a contribution to the Ministry’s answer to a parliamentary question on the
state of the law in relation to the circumcision of boys.
The man pointed out to the Ministry of Health that the statement of the
Danish Health Authority had been made available to third parties as it was
enclosed with a letter from the Ministry sent in 1999 to, among others, the
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