Birch, Cecilie

Gleerup, Maria Tammelin

Kyed, Ann-Sofie

The project aims to investigate the proces towards a revised law regarding access to legal documents in Denmark. More precisely it will examine the emergence of two bills regarding access to legal documents, bill L 90 and bill L 144. In order to understand this legal procedure a policy analysis is produced on the basis of John W. Kingdon’s model of agenda setting and policy formation. Kingdon defines three independent streams (problems, policies and politics) that have to meet in order for a bill to survive as a policy. The policy analysis will identify structures and actors that are pivotal to the process towards a new law regarding access to legal documents. Furthermore we will discuss how §§ 24 og 27, nr. 2, of the bill are in accordance with Danish democratic values. The discussion will take it’s theoretical starting point in the model of parliamentarianism as well as the polar stances of key actors concerning the above mentioned paragraphs. The focal arguments are that the sections are necessary in protecting the internal political decision-making process versus that the sections pose a threat to democratic values. On the basis of the research findings of the project it is concluded that bill L 90 lapsed due to lack of political endorsement. The political majority behind bill L 144 was possible due to the opening of the policy window because of the change of government in 2011. The clauses of §§ 24 og 27, nr. 2, are considered as potential threats to democratic values but also as a natural consequence of the development in the central administration.The project aims to investigate the proces towards a revised law regarding access to legal documents in Denmark. More precisely it will examine the emergence of two bills regarding access to legal documents, bill L 90 and bill L 144. In order to understand this legal procedure a policy analysis is produced on the basis of John W. Kingdon’s model of agenda setting and policy formation. Kingdon defines three independent streams (problems, policies and politics) that have to meet in order for a bill to survive as a policy. The policy analysis will identify structures and actors that are pivotal to the process towards a new law regarding access to legal documents. Furthermore we will discuss how §§ 24 og 27, nr. 2, of the bill are in accordance with Danish democratic values. The discussion will take it’s theoretical starting point in the model of parliamentarianism as well as the polar stances of key actors concerning the above mentioned paragraphs. The focal arguments are that the sections are necessary in protecting the internal political decision-making process versus that the sections pose a threat to democratic values. On the basis of the research findings of the project it is concluded that bill L 90 lapsed due to lack of political endorsement. The political majority behind bill L 144 was possible due to the opening of the policy window because of the change of government in 2011. The clauses of §§ 24 og 27, nr. 2, are considered as potential threats to democratic values but also as a natural consequence of the development in the central administration

Arbejdsro eller aktindsigt - En policy-analyse af forslag til lov om offentlighed i forvaltningen

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Roskilde Universitet