| 1. |
- Inghammar, Andreas
(författare)
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Funktionshindrad - med rätt till arbete? En komparativ studie av arbetsrättsliga regleringar kring arbete och funktionshinder i Sverige, England och Tyskland.
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis examines labour market legislation on disability and work in Sweden, England and Germany. In order to provide increased access to the labour market for people with disabilities all three studies countries have undertaken more of less far-reaching legislative measures over a number of decades, both in line with, or as a result of, general labour and employment legislation, but also as more specific parts of the labour market regulation. Obviously legislators in all three countries, and more recently in the European Union, have realised that access to the labour market is a vital and important part of societal inclusion and participation. The study provides a legal dogmatic and comparative analysis of the field of law and raises questions about how rights are provided to individuals under these laws in the different national settings and in what way the legislation represents or reproduces different normative patterns. Three different legal areas appear all over the dissertation, these are positive measures, employment protection and discrimination law. Legislation on positive measures, such as quota-legislation and regulations on supported or sheltered employment, vary widely between the countries, as do employment protection legislation, while the disability discrimination legislation in the different countries is turning into a more EC-conform shape in line with recent EC-legislation on discrimination.
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| 2. |
- Leidö, Jan, 1983-
(författare)
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Realizing the Single Software Market : Cross-National Validity of Software License Agreements
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The Internet has revolutionized the software industry, one of the world’s largest businesses. A single software market is emerging, independent of national borders, where products and services are digitally distributed. But the legal framework for software transfers is not geographically independent; relevant underlying law varies substantially between different legal systems.In this doctoral thesis, cross-national validity of certain standard software license agreements is examined as a solution to overcome national differences and improve the emerging single software market. Cross-national validity is mapped, explained, and improved under American and German law. The United States and the European Union collectively dominate the single software market. Within the EU, Germany is the most relevant legal system, and many conclusions reached under German law can be extended to the entire EU.The study identifies many current issues, caused by inter alia inherent limits of law, fundamental differences between German and American law, and problematic transferor choices. Current issues exist regarding formation, substantive content, and interpretation of software license agreements on a cross-national level. This leads to increasing legal and practical problems for the industry and individual transferors.Major and minor improvements in software license agreements and business models are suggested to achieve cross-national validity. Simple advice includes better assent mechanisms, prior disclosure, clear notice, and translating software license agreements. More comprehensive advice includes focusing on provisions that are essential from a business or technical perspective, rethinking certain business and technical choices that might lead to legal problems, making compromises over certain provisions that have only minor legal advantages but clear legal disadvantages, and choosing a way to bridge or avoid national differences regarding central provisions and practices from among available suggestions adapted to different business models.Making such improvements is becoming increasingly important as lawmakers and consumer associations in different countries become ever more active, and as developing countries become increasingly important. Improving cross-national validity will enhance legal certainty and bring us one step closer to realizing the single software market.
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| 3. |
- Rönnmar, Mia
(författare)
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Arbetsledningsrätt och arbetsskyldighet : en komparativ studie av kvalitativ flexibilitet i svensk, engelsk och tysk kontext
- 2004
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The general aim of this doctoral thesis is to study the legal regulation of the managerial prerogative and how it relates to the employee’s obligation to work in Swedish, English and German law in the light of the increasing flexibilisation of working life. The ongoing flexibilisation of working life is often described as an increase in adaptability and allocative flexibility, and as a shift from traditional to atypical employment. The aim of functional flexibility, which is the main focus of this study, is to vary the content of work in relation to the changing demands of production. In order to achieve functional flexibility the employer can broaden job descriptions and the obligation to work in general, and invest in training and education. This study provides a legal dogmatic and comparative description and analysis of questions regarding the employer’s right to direct and allocate work (including the employer’s right to transfer employees and assign them new and different tasks), the industrial relations model and rules regarding information, consultation and co-determination, the employee’s obligation to work and the employer’s possibilities to achieve a variation in the employee’s obligation to work. Furthermore, the development towards a more general requirement for objective grounds with regard to decision-making in the area of the direction and allocation of work is discussed. The research approach is wide and multidisciplinary, and the aim of the study is to analyse the development and functionality of the law in relation to the flexibilisation of working life.
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| 4. |
- Eliasson, Nils
(författare)
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Protection of Accrued Pension Rights - An Inquiry into Reforms of Statutory and Occupational Pension Schemes in a German, Norwegian and Swedish Context
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- How is the conflict between a protection of accrued pension rights and economic, political and social interests in reforming the pension scheme resolved in different countries and regarding different kinds of pension schemes? What legal or political mechanisms exist to protect accrued pension rights and to resolve this conflict? This thesis takes a comprehensive view on the pension situation of the individual, thus dealing both with statutory and occupational pension schemes from a protection of accrued rights-perspective. The research provides an extensive survey of legal as well as political solutions to the protection of accrued rights and its conflict with different interests to reform the pension schemes in the respective countries under investigation as well as under the European Convention of Human Rights. The thesis has two main parts. The first part deals with statutory pensions and the focus in this part is on constitutional law and the legal institutions of property and legitimate expectations. The second part dealing with occupational and company pension schemes concentrates on contractual protection but the concept of legitimate expectations is of great importance also in this part. The in depth survey and analysis of the protection of accrued pension rights carried out in the two first parts of the thesis form an important and substantial part of the purpose with this research. In the third part of the thesis however the results of the first two parts are levitated to a more abstract level. The different solutions to the conflict between the interests to protect and the interests to reform are analysed in their societal and normative contexts. The public and constitutional law protections are compared with the private law protections in order to illustrate the difficulty in upholding the strict division between private law and public law in present society. By dissolving this division, solutions to the conflict between a protection of accrued pension rights and different interests to reform the pension schemes can be resolved on the basis of the actual content of these schemes instead of according to the legal dogmatic sys- tematisation of law.
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| 5. |
- Perry, Elizabeth Stuart, 1975-
(författare)
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Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Ensuring just distribution of and adequate funding for children whose parents do not live together is a global legal challenge. It affects many families as well as every legal jurisdiction’s welfare state and family law.This comparative study describes child support legal solutions in two jurisdictions, California (a liberal welfare state) and Sweden (a social democratic one). Analyzed are the similarities and differences in these states’ legal responses to the inequalities child support law functions to alleviate, and the implications for child support theory and practice in these and other jurisdictions.Micro-comparative chapters demonstrate how the jurisdictions’ regulations differ by analyzing children’s rights and needs and parents’ duties and abilities to pay, each as defined in the child support law. Also compared are procedural laws enforcing child support rights and duties in private and public law cases.Macro-comparative chapters draw a comparative portrait of two welfare state ideological and family law child support approaches, both aiming to reduce inequalities, in terms of how their child support laws and welfare states have defined and addressed the best interests of children and society at large.Most of the differences in the laws and their interpretations are found to reflect the welfare state ideals of the two societies including their ideal models of the family and of individuals’ relationships to the state. Ideals for judicial and negotiated family law conflict resolution also play a significant role.Analyses of the differences include comparison of the jurisdictions’ (1) histories, (2) legal principles and traditions, (3) gender equality ideals and realities and (4) income equality ideals and realities, all as related to legal child support rights and duties.The study provides a better understanding of some of the weaknesses within these regulations, and also of the child support system design choices they represent. Weaknesses in child support laws arise not just from confusions over how to prioritize conflicting interests directly regulated by the legal rules, but also how to prioritize those interests given conflicting ideals of the state and the family, both between and within these societies. Despite the different ideals influencing both systems’ solutions, elements of each jurisdiction’s experience have potential to inform the other’s further development.
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| 6. |
- Enqvist, Lena, 1984-
(författare)
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En myndighet i samverkan : Försäkringskassans rättsliga förutsättningar att samverka med Arbetsförmedlingen samt hälso- och sjukvården
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis investigates and analyzes the legal conditions under which the Swedish Social Insurance Agency may engage in cooperation with the Swedish Public Employment Service and Swedish Health Care Providers (both public and private), regarding rehabilitation, information exchange and investigation measures in individual sick leave insurance cases. It also presents an analysis of whether these legal conditions contribute to safeguarding legality and legal certainty when the Social Insurance Agency is involved in cooperation.Overall the thesis concludes that the legal conditions for such cooperation are good in terms of assistance regarding rehabilitation, information exchange and investigation measures. The designated assignment of the Social Insurance Agency relating to the distribution of sickness benefits is also such that any cooperation that helps the individual's rehabilitation or the investigation and assessment of entitlement to such benefits is encouraged. The legality and legal certainty in such cooperation is also found to be fundamentally safeguarded, since it follows from the principle of legality in Swedish administrative law that any measures taken by the Social Insurance Agency in cooperation with other bodies must be founded in the constitutional legal order. However, since the Social Insurance Agency's assignment pertains to the distribution of positive rights and benefits, the requirements governing how clearly stated and distinct such legal support must be are generally less stringent. This is reflected in the rules and principles identified as supporting or limiting the legal conditions for cooperation, as in many cases they lack detailed prerequisites for when they may be used or what should be done. Many of the legal rules or legal principles that limit the authority and power to freely design the possible content, aims and process practice of cooperation are also not specifically aimed at regulating such situations. Moreover, in many cases they are found in constitutional or general administrative law principles that are essentially abstract, and not usually applied by administrators in the handling of individual cases. This, in turn, affects the overall impact that the supporting factors of legality and legal certainty can have in the Social Insurance Agency's multi-party cooperation. These supporting factors include the Agency's duties to ensure independent decision-making (ideally) based on a clearly designated assignment, to comply with the legal principles of objectivity, equality before the law and foreseeability, and to respect the individual's personal integrity in multi-party cooperation.
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| 7. |
- Halje, Lovisa
(författare)
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Rättslig operationalisering av företags samhällsansvar : Särskilt om avtalsrätt, köprätt, konsumentköprätt, marknadsföringsrätt och aktiebolagsrätt
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The main objective of this thesis is to explore and describe the possibilities for legal operationalization of CSR in contract law, sales law and consumer sales law, marketing law and company law. A supplementary aim is to identify regulation on and illustrate the regulatory context of CSR. The illustration provides a background and a framework for the main objective of the study, as well as confirms the legal relevance of CSR.Legal operationalization of CSR requires that CSR is anchored in law and that there are mechanisms for enforcement available. In contract law, CSR is legally anchored when a CSR condition follows from a contract. In a Swedish sales law context, legal anchoring takes place when a buyer’s expectation regarding CSR is not met and this is considered a defect, fel. From a marketing law point of view, the possibilities to consider a CSR statement an unfair commercial practice are relevant. In a company law context, CSR is legally anchored when included in the articles of association, in an instruction from the general meeting or the board, in the board’s internal guidelines or in the remuneration guidelines of the company. In all, contract parties, shareholders and the board are “strong” legal subjects, in that they are able to proactively formulate and anchor CSR norms in law. In company law, the understanding of the company’s interest and purpose, as well as the business case for CSR and the understanding of profit create borders within which the company law operationalization of CSR functions. Sales law and marketing law offer retroactive tools to market actors. The possibilities to anchor CSR in marketing law are vast, whereas the applicability of the sales law rules to a large extent is dependent on the connection between the (failed) CSR expectation and the sold goods. The remedies in the explored areas of law typically do not protect the CSR interest in question directly.
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| 8. |
- Vargas Falla, Ana Maria
(författare)
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Outside the Law : An Ethnographic Study of Street Vendors in Bogotá
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Millions of people worldwide work outside the law as street vendors in order to earn a living. However, they often work in fear of police evictions and confiscations since their work is in many places considered illegal. In this context, formalization (steps towards legalization) is often portrayed as a model for empowerment that allows poor street vendors to improve their well-being. Formalization, as a model to manage street vending, is widely promoted by various international development organizations. While important, studies of formalization show that street vendors often resist state control, and the majority continues to work outside the law.The main research question guiding this study is: how does formalization of street vendors in Bogotá enable and/or hinder their well-being? To examine this question, this study uses an ethnographic approach and the concept of social control within the tradition of sociology of law. The data for this study was collected through ethnographic fieldwork conducted between 2012 and 2014 in the city of Bogotá, Colombia. Three groups were studied: vendors within the transitional zones (a formalization program), two rickshaw driver associations, and itinerant ice cream vendors. The main findings illustrate that although street vendors work outside the law, they do not operate in a state of chaos or anarchy. Quite the opposite, law and other forms of social control are present in their work. These practices of control often affect their well-being. Despite harsh working conditions, well-being according to them means more than economic survival, and often, street vendors strive to improve their lives and gain independence in their work. Another finding is that formalization is often directed toward the more established vendors and does not account for the fact that new individuals arrive on the streets every day trying to make a living. Often, the most vulnerable groups (immigrants, women, the newly unemployed) lack the time and knowledge to formalize or simply are not targeted in formalization programs. Without a deep understanding of how social control already operates, the state runs the risk of developing formalization initiatives that undermine the well-being of the most vulnerable groups. Thus, this study of everyday forms of social control provides empirically based insights into the ways law influences the lives of those working outside the law.
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| 9. |
- Jers, Johanna, 1983-
(författare)
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Ett gemensamt styrelserum : rättsliga förutsättningar för att åstadkomma en jämn könsfördelning genom kvotering
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Many countries have set political goals in order to achieve an equal gender balance on company boards. A common intervention to reach these goals is the introduction of mandatory quota rules. The overall purpose of this doctoral thesis is to study legal obstacles and legal possibilities that arise in the conflict of interest between gender equality and autonomy for corporations [Gesellschaftautonomie], when a Member State such as Sweden adopts a mandatory quota rule to achieve an equal gender balance on boards of companies listed on the stock market [aktiemarknadsbolag].The study analyses different types of regulatory models – legislation and corporate self-regulation – based on mandatory quota rules. First, the study addresses if a limitation of constitutional rights such as the protection of property and non-discrimination can be constitutionally permissible in this context. Second, the study examines legal support within EU law for a Member State such as Sweden to introduce mandatory quota rules to achieve an equal gender balance on boards of companies listed on the stock market. Measures undertaken to effectuate such a limitation need to be rationally connected to and necessary to the fulfilment of a permissible purpose to be legally justifiable. Third, therefore, the study explores whether a mandatory quota rule in order to achieve an equal gender balance on the boards of companies listed on the Swedish stock market can be justified. Fourth and finally, it is analysed whether such measures can be effectuated while still upholding the general principles of corporate law.Findings include that the effect of a quota rule would, in the Swedish context, probably be the same regardless of whether legislation or corporate self-regulation would be relied upon as the mechanism to achieve an equal gender balance on company boards. However, a regulatory model introduced by the stock market’s regulators in the listing agreement would probably not meet as much critique as a state-initiated regulatory model.
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| 10. |
- Leviner, Pernilla, 1973-
(författare)
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Rättsliga dilemman i socialtjänstens barnskyddsarbete
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Avhandlingen behandlar socialtjänstens ansvar för att skydda barn från brott och missförhållanden i hemmen och tar sin utgångspunkt i Barnkonventionens krav på ett fungerande samhälleligt barnskydd. Ämnet aktualiserar komplexa rättsliga frågor om grundläggande rättigheter för både barn och föräldrar. Syftet är att granska om socialtjänsten har de rättsliga förutsättningarna att leva upp till det ålagda barnskyddsansvaret. I detta ingår dels att undersöka om regleringens konstruktion är ändamålsenlig i förhållande till Barnkonventionens krav eller om det finns rättsliga hinder som gör att barns rätt till skydd svårligen låter sig realiseras, dels att klarlägga regleringens funktion och effekt i den praktiska tillämpningen.Undersökningen visar att regleringen uppställer höga mål kring barns livsvillkor och krav på att barn ska skyddas från våld och utsatthet i sina hem, men att socialtjänsten inte ges tydliga verktyg och befogenheter att realisera dessa mål. Socialtjänsten lämnas med vaga och osäkra rättsliga verktyg och ett starkt betonande av att utredning och insatser ska genomföras i samförstånd med vårdnadshavare. Detta leder till en rättslig praktik där fokus snarare ligger på samförstånd med och motivation av föräldrar än på utredning rörande vilka barn som behöver stöd och skydd. Denna situation är otillfredsställande ur både barns och föräldrars perspektiv, inte minst med hänsyn till krav på rättssäkerhet.I avhandlingen föreslås en genomgripande översyn av barnskyddsregleringen, där komplexiteten innefattande barns och föräldrars potentiellt motstående intressen lyfts fram. För att stärka barns position och rättsliga ställning föreslås bl.a. att Barnkonventionen inkorporeras i svensk rätt, att ökade krav ställs på fullgoda beslutsunderlag samt en tydligare uppdelning mellan frivillighet och tvång, där barn ges ökade möjligheter att företrädas av oberoende företrädare under barnskyddsutredningen.
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