The Swedish Environmental Protection Agency's consultation response to the new Administrative Act

The Ministry of Justice and Emergency Preparedness submitted for consultation the Administrative Law Committee's report NOU 2019: 5 New Administrative Act. In the report, a new administrative law is proposed to replace the current law from 1967. The Norwegian Environmental Protection Association (NMF) had several comments and suggestions that would improve the current administrative law.

By: Trygve Moxness and Arnfinn Nilsen

Today's Public Administration Act has several weaknesses and shortcomings. We have seen much of this in practice through several years of case management.

For the Norwegian Environmental Protection Association (NMF), it is of great importance that voluntary interest organisations, shop stewards, employees of voluntary interest organizations and members of voluntary interest organizations must ensure party transparency and party interest in matters relating to this voluntary interest organisation's area of activity. Furthermore, it is important that it should also be possible for voluntary interest organizations to communicate with the administration in an environmentally friendly, written and electronic way. The new Public Administration Act should also facilitate the most environmentally friendly public administration possible.

In this response to the consultation, NMF has written a section about what is important for our organization in the new Public Administration Act. Where there is, the NMF has referred to the same paragraphs that are used in the Ministry of Justice and Emergency Preparedness's consultation letter.

The draft of the new Administration Act has some potential for improvement, particularly in the area of the environment and electronic case management.

The paragraphs and points we have comments on:

  • There is a lack of provision stating that environmentally friendly management must be pursued
  • Electronic communication
  • Exceptions for certain institutions
  • Written proceedings
  • Contact from the individual and digital communication
  • Confidentiality about personal matters
  • Non-disclosure regarding operational or business secrets
  • Sharing of information subject to confidentiality
  • The party's right to access the case
  • Requirements for justification
  • Resolutions that are not in writing
  • Right of appeal
  • Submission, form and content of the complaint
  • Case costs after appeal
  • Administrative sanctions
  • The party's right to access information that is subject to the duty of ownership

Read more about our comments on the points here:

The government's consultation page

The Swedish Environmental Protection Agency's consultation response (PDF)

All the consultation responses



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