SUMMARIES OF SELECTED STATEMENTS
The Ombudsman referred, among other things, to the fact that the principle of
increased access also applies to documents and information covered by section
24 of the Access to Public Administration Files Act. Consequently, in cases
where there is not ‒ as stated in the explanatory notes ‒ a ‘real and legitimate’
need for exempting information from access, disclosure should be considered.
In this context, the Ombudsman pointed out that the relevant eight consultation responses were of a quite varied nature, among other things in relation to
the extent and content of the comments made by the individual ministries.
The Ministry of Justice subsequently informed the Ombudsman that, on the
basis of the Ombudsman’s processing of the case, the Ministry had found occasion to consider whether the relevant consultation responses could now be given
to the journalist, and that the Ministry had decided in this context to hand over
the consultation responses according to the principle of increased access.
It appeared that in making this new decision, the Ministry of Justice had attached particular importance to the time that had passed since the Bill on which
the consultation responses were made had been introduced before Parliament.
Based on the new decision by the Ministry of Justice, the Ombudsman discontinued his investigation of the case.
2015-27. Dismissal of tenured civil servant with availability pay
instead of relocation
The Ministry of Justice dismissed a tenured civil servant due to cutbacks and
elimination of jobs in the police district where he served. In connection with
the dismissal, the civil servant got the right to availability pay for three years
and subsequent pension. The civil servant complained to the Ombudsman because there were vacant positions outside the police district, but within his field
of employment, to which he would have liked to be relocated.
On the basis of statements obtained from the National Police, the Ministry
of Justice, the Ministry of Finance and the Agency for Modernisation, the
Ombudsman did not find grounds for criticising that the civil servant had
been dismissed rather than relocated to one of the vacant positions.
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