| 1. |
- Wenander, Henrik, et al.
(författare)
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A toolbox for administrative law cooperation beyond the state
- 2013
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Ingår i: Administrative law beyond the state - Nordic perspectives. - 9789004265028 ; , s. 47-74
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Bokkapitel (refereegranskat)abstract
- The purpose of the article is to identify and look into the function of a number of means of legal international cooperation in administrative law. In this discussion on function, the roles and the interplay of the different tools are highlighted as striking a balance between international cooperation, national self-determination and individual rights. Within this theoretical framework, two main types of tools are discussed with examples from environmental law, transport law, and social security law. First, tools related to the establishment of administrative networks are dealt with. Here, international organisations as a framework for administrative cooperation and other network cooperation structures are highlighted. Second, tools relating to an administrative conflict of laws perspective are treated. Here, situations of coordination, recognition of foreign decisions, harmonisation, and application of foreign law in the administrative field are explored. It is concluded that the use of the different tools make possible a balancing of the conflicting interests of international cooperation and national self-determination. Furthermore, in the legal fields treated in the article, it is difficult to see that administrative action entirely leaves the connection to the state. Rather, in the discussed examples, various structures of cooperation mean that national administrative bodies engage in international contacts as an important part of fulfilling their tasks in the national systems.
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| 2. |
- Perry, Elizabeth, Dr. 1975-
(författare)
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Harmonising family law across borders in europe
- 2022. - 1
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Ingår i: International survey of family law. - Cambridge : Intersentia. - 9781839702648 ; , s. 379-415
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Bokkapitel (refereegranskat)abstract
- This chapter provides family law experts worldwide with a glimpse into and an update on the latest changes in European family law, specifically to conflict of law rules for resolving European Union (EU) cross-border family law cases and most notably those regarding responsibility for children, marital dissolution and distribution of assets after death. Examined are EU-level legal developments affecting cross-border family relationships within the 27 nations of the European Union that have been introduced primarily through significant new EU legislation and by recent case decisions by the Court of Justice of the European Union (CJEU). The changes' impacts at the national-law level on substantive and procedural family law and on national and personal (party) autonomy are illustrated using reports on the experiences across the EU. The experience of my own Member State, Sweden, is described as an example of how EU-level, increasingly harmonised family law ('international private law' primarily) is being negotiated and implemented both between and within EU Member States. This research aims to overview ongoing (and indeed ever-present) tensions between autonomy and uniformity interests within the EU, contributing to the significant existing literature on the present state of and future possibilities for 'European family law' while also introducing non-EU scholars to this growing, rather complex legal area. As the chapter's final sections describe, a steadily-increasing Europeanisation of family law is observed, co-existing with the tensions, which is reducing legal difficulties for individuals and state actors in Sweden and throughout the EU within a broader context of ongoing legal, economic and cultural globalisation. Family law, no longer taking a back seat to other EU legal areas, is today playing a remarkably prominent role.
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| 3. |
- Lindholm, Johan, 1977-
(författare)
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Dopad i praktiken : rättslig och idrottslig praxis
- 2009
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Ingår i: Artikelsamling 2009. - Stockholm : SISU idrottsböcker. - 9789185433827 ; , s. 85-102
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Idrottsrörelsen bedriver en omfattande, internationell kamp mot doping. I Sverige, till skillnad från i många andra länder, kan många idrottsliga dopingförseelser också utgöra brott i straffrättslig bemärkelse. En undersökning av vilka dopingärenden som prövas i de idrottsliga och rättsliga systemen visar att dessa system överlappar varandra i viss mån men att det också finns tydliga skillnader mellan vilka som fastnar i respektive system.
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| 4. |
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| 5. |
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| 6. |
- Öberg, Jacob, 1982-, et al.
(författare)
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Day Fines in Sweden
- 2021
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Ingår i: Day Fines in Europe. - Cambridge : Cambridge University Press. - 9781108855020 - 9781108796439 - 9781108490832 ; , s. 44-69
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Bokkapitel (refereegranskat)abstract
- As in other areas of social engineering, Sweden is considered as world-leading in creating systems that address social inequality. One of the cases in point is the Swedish day-fine system which has been considered as pioneering by systematically considering both the wealth of the offender and the seriousness of the offence when imposing the penalty. This chapter analyses in detail the Swedish day-fine system. The case study of Sweden sheds light on the pros and cons of day-fines by recalling the discussion in Sweden prior to introducing the system and the recent academic debates on extending the use of day-fines. The chapter also offers an account of the comprehensive prosecutorial guidelines as well as an analysis of the relevant case law, particularly in relation to adjustment of day-fines. The chapter argues that the Swedish day-fine system overall must be considered as a largely successful project which holds high esteem among courts and practitioners. The common view is that it is a merit of the system that it forces the courts to consider the economic circumstances of the accused and to articulate openly for the way in which such consideration has been done.
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| 7. |
- Bergling, Per, 1967-
(författare)
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Legal cartography and comparative law
- 2009
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Ingår i: New directions in comperative law. - Cheltenham : Edward Elgar Publishing. - 9781848443181 ; , s. 19-32
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 8. |
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| 9. |
- Stendahl, Sara, 1963, et al.
(författare)
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Temporary Changes and Long-Term Problems – Regulating the Swedish Labour Market and Social Security System during the COVID-19 Pandemic
- 2022
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Ingår i: Protecting Livelihoods. A Global Comparison of Social Law Responses to the COVID-19 Crisis. - Baden-Baden : Nomos Verlagsgesellschaft. - 9783848774906 ; , s. 475-496
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Bokkapitel (refereegranskat)abstract
- This is a a contribution on Sweden in a book that offers a legal analysis of the social protection measures taken by welfare states across the globe during the COVID-19 pandemic. The twenty-one country studies in this book set out in detail how the social law measures adopted during the pandemic interacted with existing welfare state institutions, what their legal nature was, how the relationship between collective risk and individual responsibility was negotiated during the crisis, what unique challenges countries faced in implementing a crisis response, and whether any long-term changes to each welfare state can be expected from the experiences of the pandemic. In doing so, it provides the first global study of social law during the COVID-19 pandemic.
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| 10. |
- Munthe, Christian, 1962, et al.
(författare)
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The Best Interest of Children and the Basis of Family Policy: The Issue of Reproductive Caring Units
- 2012
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Ingår i: Cutas, D & Chan, S (eds.). Families: Beyond the Nuclear Ideal. - London and New York : Bloomsbury Academic. - 9781780930107
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Bokkapitel (refereegranskat)abstract
- The notion of the best interest of children figures prominently in family and reproductive policy discussions and there is a considerable body of empirical research attempting to connect the interests of children to how families and society interact. Most of this research regards the effects of societal responses to perceived problems in families, thus underlying policy on interventions such as adoption, foster care and temporary assumption of custodianship, but also support structures that help families cope with various challenges. However, reference to the best interest of children can also be applied to a more basic issue in family policy, namely that of what is to be considered a family in the first place. This issue does not raise any questions regarding the proper conditions for when society should intervene in or change the family context of a child. Rather, it is about what social configurations should be recognized as a potentially fitting context for children to enter into and (if all goes well) eventually develop into adulthood within /.../ such that society’s default institutional arrangements allow it to have (by sexual and artificial reproduction, adoption, and combinations of these), care for and/or guard children. [This] will frame any further discussion of /.../ policies having further implications for, for example, the practices of adoption and reproductive technology, as well as regulation of custody in the event of separation or parental disagreement.
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