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Administrative Law: free practice, theory and problems
The public administration is all the public bodies that make decisions about us: NAV, the municipality, the immigration directorate, the tax authority. The Public Administration Act sets rules on how they must handle cases.
Contents
1. Decisions and procedure
What is it about?
The public administration is all the public bodies that make decisions about us: NAV, the municipality, the immigration directorate, the tax authority. The Public Administration Act sets rules on how they must handle cases.
Key concepts and rules
- Decision (section 2 a): a determination made in the exercise of public authority that is decisive for rights or duties.
- Individual decision (section 2 b): a decision concerning the rights or duties of one or more specific persons (for example a refused building permit).
- Regulation (section 2 c): a decision that applies to an indefinite number of persons.
- Party (section 2 e): the person the decision is directed at or whom the case otherwise directly concerns.
- Duty to guide (section 11), disqualification (section 6: the official cannot handle cases they are closely connected to).
- Advance notice (section 16), reasons (sections 24 and 25) and information about the right of appeal (section 27).
- Access for parties (section 18): a party can see the documents of the case.
Example
The municipality refuses an application for a garage. It is an individual decision, so the municipality must give reasons and state the appeal deadline.
2. Appeals and reversal
What is it about?
Anyone who disagrees with an individual decision can appeal. An appeal is free and much simpler than going to court.
Key concepts and rules
- Right of appeal (section 28): parties and others with a legal interest can appeal.
- Appeal body: the nearest superior administrative body (for example the County Governor above the municipality).
- Deadline (section 29): 3 weeks from when the notice of the decision reached the party.
- If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the next working day.
- The appeal is sent to the lower body (the one that made the decision). It can change the decision itself (section 33). If not, the case goes to the appeal body.
- The appeal body can review all aspects of the case, including discretion (section 34).
- Reversal without appeal (section 35): the administration can change a decision, for example if it is invalid or the change does not harm the party.
- The Parliamentary Ombud can examine complaints about the administration once the right of appeal has been used.
Example
A refusal reached the applicant on Wednesday 5 March. The appeal deadline expires on Wednesday 26 March.
3. Access to documents and confidentiality
What is it about?
The administration should be open, so that everyone can see what the public sector does. At the same time, personal information about individuals must be protected.
Key concepts and rules
- Freedom of Information Act section 3: the main rule is that anyone can demand access to case documents held by the administration. No reason has to be given.
- Exceptions can be made for, among other things, internal documents and information that is subject to confidentiality.
- Enhanced openness: the administration must consider granting access even when it may refuse.
- Duty of confidentiality (Public Administration Act section 13): information about someone's personal matters must not be shared with outsiders.
- Access for parties (Public Administration Act section 18) gives a party access to their own case and goes further than the Freedom of Information Act.
- A refusal of access can be appealed.
Example
A journalist asks the municipality for a contract with a building firm. The municipality must grant access, but may redact information about employees' health.
Practise access to documents and confidentiality in the app →
Example problems with solutions
Here are some of the problems in administrative Law. In the app, calculation problems get new numbers every time, so you can practise until it sticks – and take a graded practice exam before the real one.
Decisions and procedure: The municipality refuses Lise's building application. What kind of decision is it?
Answer: An individual decision
The decision concerns a specific person.
Appeals and reversal: What is the appeal deadline for individual decisions?
Answer: 3 weeks
Public Administration Act section 29: 3 weeks.
Access to documents and confidentiality: Who can demand access under the Freedom of Information Act?
Answer: Anyone
Section 3: anyone can demand access.
Decisions and procedure: A decision that applies to an indefinite number of persons is a ...
Answer: regulation
Public Administration Act section 2 c.