appendix d: summaries of selected cases
committee meeting. Preliminary case processors do not make decisions in cases
but only prepare the cases so that the committee is able to come to a decision
on whether to accept or reject the applications. The preliminary assessment is
often changed. The names of all members of the committee are open to the
public and applicants are therefore not prevented from being able to argue for a
member’s possible disqualification on grounds of personal involvement.
The Ombudsman stated that as a general rule the authorities are obliged to give
access to the names of preliminary case processors. The Ombudsman was of the
opinion that if these names only appear from internal documents, the names
are included in the extraction duty laid down in the Public Administration Act.
The Ombudsman based his opinion on the fact that although there is normally
no right of access to personnel case documents, there is nevertheless access to
the name. The fact that there is a right of access to names in personnel cases
means that there must also be – and to an even higher degree – a right of access
to the names of those involved in cases other than personnel cases. He also
stressed that preliminary case processors have a special function vis-à-vis the
other committee members in that unlike the other committee members, they
have the task of subjecting the application to preliminary case processing.
The Ombudsman subsequently recommended that the Ministry reopen the
cases of requests for access to names of preliminary case processors and make a
new decision based on the Ombudsman’s opinion.
(Case No. 2008-3586-701)
13. Ministry of TAXATION
No cases concluded in 2010 were selected for publication in the Annual Report.
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents