Reversing the Principle of the Prohibition of <em>Reformatio in Pejus</em>: <br>The Case of Changing Students’ Possibility to Complain about their Marks in Denmark

Authors

  • Inger Marie Conradsen Department of Society and Globalisation, Roskilde University,

DOI:

https://doi.org/10.18352/ulr.253

Keywords:

administrative review, complaints, reformatio in pejus, marks, legislative process, Denmark

Abstract

Using the recent change in students’ possibility to complain about their marks in Denmark as a case the paper investigates the mechanisms of and the values underlying the principle of the prohibition of reformatio in pejus. The paper argues that the right to complain without fear that is the essence of the principle is seen as a fundamental legal value in Europe even if it is neither absolute nor invariable in time and space. Drawing on the Danish case the paper concludes that changes in principles that reflect fundamental values must to be publicly discussed and not kept clandestine.

Author Biography

Inger Marie Conradsen, Department of Society and Globalisation, Roskilde University,

Downloads

Published

2014-01-31

Issue

Volume 10, Issue 1, January 2014

Section

Articles

License

Copyright (c) 2014 The Author(s)

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish with this journal agree to the following terms:
  1. Authors retain copyright and grant Utrecht Law Review right of first publication with the work simultaneously licensed under a Creative Commons Attribution 4.0 License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in the Utrecht Law Review.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in Utrecht Law Review.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).

Once accepted for publication, the final version of the paper must be provided. A completed and signed copyright form, which will be sent by the Managing Editor, must accompany each paper. By signing the form the author states to accept the copyright notice of Utrecht Law Review. The copyright notice for authors is also included in the copyright acceptance form.