The Supreme Court

“ Free schools, apart from Tvind, establish and expand themselves primary on the basis of their own and legal provisioning of an economic basis, whereas the expansion in the Tvind Corperate Group is based on Fælleseje purchasing and distributing real estate, financing house purchases with other schools' rent, centrally managed recruitment and distribution of the sufficient number of pupils as well as systemic breaches of the subsidy-regulations. ”

“ All that is something the Tvind School Corporate Group has forced me to introduce, but it is not enough, and because of that I have not accepted that the Tvind schools in fact themselves dissolve the Corporate Group. It is difficult to place trust in the schools once again. ”

“ If according to the minister of education's discretion there isn't satisfying security for that a school fulfils the requirements on independence and administration of the funds, the minister can decide that there should not be given subsidies to the school. By the special provision in § 7 in law nr. 506 The Free School in Veddinge Bakke and some other specifically named schools associated with The School Cooperative Tvind were completely barred from receiving public subsidies after the 31th of December 1996. ”

“ The subsidy-system, for the free basic schools, private gymnasiums and HF-courses, is highly dependent on the schools chosen financial auditors to perform an extensive audit of the foundation for subsidy calculation and the schools annual accounts. ”

“ It ought therefore to be secured that the financial auditors won't come in an conflict of interests where the auditor has to sees to whether the school as well as then , administrates it's interests best possible.
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In the resort of the Minister of Education there is multiple forms of self-owning institutions, that all normally receive large stately operation-subsidies, and the minister of education's authorisation to withhold funding, let funding cease and callback funding, should be identical and ought besides to be clarified. ”

“ The Majority is aware of that the effect of the chosen method of legislation will be that there, as far as concerning this part of the law-proposal, shall not be taken administrative decisions on the subsidies to the schools, with the possibility of following judicial review. ”

“ Schools with boarding-departments, that have not received subsidies in 1996, and schools that have not received subsidies to boarding-departments in 1996, must own the schools buildings, or the greater part thereof, and may not own buildings together with others. ”

“ There will be set requirements for how an educational institution shall act, and the minister get authority to callback the approval and the subsidy, if the requirements are not met with reasonable assurance. ”