10 | Annual Report 2019
You’ll be in ward 7.
We’ll pay 750,000
kroner for the site.
We’ll have to
think about that.
Actual administrative activity
Entering into agreements
private parties and is (with a few exceptions) not
bound by the rules which apply in case processing.
When an authority assumes the role of an authority making decisions within the meaning of
the law – and consequently has to rule unilaterally – the rules of the Danish Public Administration Act apply. These rules give the citizen a
number of procedural safeguards and contribute, among other things, to ensure that the citizen is included in the case and is consulted, and
that the authority gives grounds for its decision
and in that connection informs the citizen of the
rules which the decision is based on.
The tasks mentioned and related roles are simplified and not exhaustive. However, the listing
illustrates tasks where the Ombudsman especially has seen examples of authorities getting it
wrong, causing possible ‘confusion about roles’.
Why is it important to distinguish
between the roles?
It is of great importance that the authority is
aware of which of the different roles it has in a
given situation. For instance, it is important that
it knows when it is making an actual decision
within the meaning of the law and not just a
decision as part of the actual administrative activity, and that it does not get the role as private
negotiating party mixed up with the role as the
authority making decisions within the meaning
of the law.
If the authority is not aware of when it makes
a decision within the meaning of the law but is
maybe just of the opinion that it provides service
or guidance, there is a risk that the citizen loses
these procedural safeguards.
In addition, the authority can only make a decision if it has the so-called legal authority to do
so. In short, there must be rules stipulating that
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