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This article analyses the new Danish Access to Information Act, specifically how it has controversially reduced public access to information when it comes to the most central political decisions. These changes represent an interesting development in a state usually considered an exponent for a high level of transparency in the public sector. We analyse how the Act has made it possible to reject applications for information to be used for ministerial advice and pertaining to documents exchanged between ministers and MPs, and we discuss the introduction of an article enabling the rejection of applications solely on the grounds that they will use considerable administrative resources. A remarkable shift in the approach to access to information has taken place, resulting in diminished public access to the background material for significant political decisions. Pointing out the need for further investigation, we compare this Danish tendency to international standards and pose the question of whether the Danish case is an example of a more general trend towards a reversal in the level of transparency in liberal democracies.

The role of the civil servant in modern democracies is increasingly complex due to multi- ple and co-existing forms of democratic governance. Civil servants need to balance be- tween traditional bureaucratic norms ensuring a rule-governed public administration where they represent neutral competencies within the political system, while they at the same time must ensure efficiency in the public sector, interact with various stakeholders and citizens, and ensure the loyal implementation of the will of elected politicians. In the wake of several Danish political scandals involving both ministers and civil servants, the so called Bo Smith Commission was established in order to examine and discuss the current norms and practices of the civil service. In this article we draw on a survey con- ducted by the Bo Smith Commission in 2015 including nearly 4.000 lower-ranking civil servants. Through an in-depth study of the 554 responses in the open category, we uncov- er how functional politicization is manifested in Danish state administration among low- er-ranking civil servants. The study, thus, uncovers in detail the characteristics of func- tional politicization and investigates the coping strategies of lower-ranking civil servants, when the demand for political responsiveness compromises classical norms integrated in the Rechtsstat.

The role of the civil servant in modern democracies is increasingly complex due to multiple and co-existing forms of democratic governance. Civil servants need to balance between traditional bureaucratic norms ensuring a rule-governed public administration where they represent neutral competencies within the political system, while they at the same time must ensure efficiency in the public sector, interact with various stakeholders and citizens, and ensure the loyal implementation of the will of elected politicians. In the wake of several Danish political scandals involving both ministers and civil servants, the so called Bo Smith Commission was established in order to examine and discuss the current norms and practices of the civil service. In this article we draw on a survey conducted by the Bo Smith Commission in 2015 including nearly 4.000 lower-ranking civil servants. Through an in-depth study of the 554 responses in the open category, we uncover how functional politicization is manifested in Danish state administration among lower-ranking civil servants. The study, thus, uncovers in detail the characteristics of functional politicization and investigates the coping strategies of lower-ranking civil servants, when the demand for political responsiveness compromises classical norms integrated in the Rechtsstat.

The role of the civil servant in modern democracies is increasingly complex due to multiple and co-existing forms of democratic governance. Civil servants need to balance between traditional bureaucratic norms ensuring a rule-governed public administration where they represent neutral competencies within the political system, while they at the same time must ensure efficiency in the public sector, interact with various stakeholders and citizens, and ensure the loyal implementation of the will of elected politicians. In the wake of several Danish political scandals involving both ministers and civil servants, the so called Bo Smith Commission was established in order to examine and discuss the current norms and practices of the civil service. In this article we draw on a survey conducted by the Bo Smith Commission in 2015 including nearly 4.000 lower-ranking civil servants. Through an in-depth study of the 554 responses in the open category, we uncover how functional politicization is manifested in Danish state administration among lower-ranking civil servants. The study, thus, uncovers in detail the characteristics of functional politicization and investigates the coping strategies of lower-ranking civil servants, when the demand for political responsiveness compromises classical norms integrated in the Rechtsstat.

Bo Smith-udvalgets konklusioner om tilstanden i det danske embedsværk har sat markante aftryk i den offentlige debat. Konklusionerne indeholder en klar afvisning af, at der er systemiske fejl i samspillet mellem politikere og embedsmænd, og det fremhæves, at de klassiske embedsmandsnormer efterleves i betydelig udstrækning. Vi gennemgår her de undersøgelser, som konklusionerne hviler på, og afdækker væsentlige brud på forskningskriterierne og metodiske fejlgreb, som svækker validiteten af udvalgets konklusioner. Faktisk kunne dele af datagrundlaget lige så godt tolkes omvendt, når det handler om lovlighedsnormens overholdelse. Det fremgår nemlig, at et bemærkelsesværdigt højt antal embedsmænd er villige til at medvirke til ulovlige handlinger. Vi understreger derfor, at der er behov for flere og bedre undersøgelser for at få relevant viden om normoverholdelse i centraladministrationen.

The Bo Smith Committee's conclusions concerning the state of Danish civil service have had a significant impact on the public debate. The conclusions dismiss the notion that there are any systemic flaws in the interaction between politicians and civil servants, and emphasize extensive compliance with the classic civil service norms. We critically examine the studies on which these conclusions rest and uncover violations of key methodological principles that call into question the validity of the committees conclusions. In fact, the data gives rise to contrary conclusions with respect to compliance with the legality norm. They reveal that a remarkably high number of civil servants are willing to assist in illegal acts. In conclusion, we emphasize the need for more – and better – studies to obtain relevant insights into compliance with key norms in the national civil service.

The Bo Smith Committee's conclusions concerning the state of Danish civil service have had a significant impact on the public debate. The conclusions dismiss the notion that there are any systemic flaws in the interaction between politicians and civil servants, and emphasize extensive compliance with the classic civil service norms. We critically examine the studies on which these conclusions rest and uncover violations of key methodological principles that call into question the validity of the committees conclusions. In fact, the data gives rise to contrary conclusions with respect to compliance with the legality norm. They reveal that a remarkably high number of civil servants are willing to assist in illegal acts. In conclusion, we emphasize the need for more – and better – studies to obtain relevant insights into compliance with key norms in the national civil service.