Articles

The Danish ombudsman
A national watchdog with selected preferences

Authors:

  • Michael Gøtze

Abstract

The Danish Parliamentary Ombudsman occupies a central position as a watchdog over public authorities within the national context. The statutory and functional powers of the institution are wide and the ombudsman enjoys a priori sympathy from Parliament and the media. In addition, there are no specialised administrative courts in Denmark and the ombudsman is thus unrivalled on the legal scene as the primary specialist protector of good administration. Nevertheless, the Danish ombudsman subscribes to a narrow scope of focus in the protection of citizens’ rights. In practice, the ombudsman often limits his review to the authorities’ compliance with national law and in particular with general procedural requirements. The rights of citizens are only actively protected by the ombudsman as far as certain parts of general administrative law are concerned. The limited horizon in the control and thinking of the Danish ombudsman leaves the European Union rights of citizens largely unidentified and unprotected. The Danish ombudsman is a watchdog with teeth but with discerning taste buds. As to EU Law, the ombudsman is a watchdog with no appetite at all.

Keywords:

ombudsmanjudicial reviewParliamentCommunity lawcitizens’ rights
  • Page/Article: 33-50
  • DOI: 10.18352/ulr.113
  • Published on 25 Jan 2010
  • Peer Reviewed