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- Edelstam, Gunilla
(författare)
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On Legitimacy for the Exercise of Public Power
- 2019
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Ingår i: Judicial Power in a Globalized World. - Cham : Springer. - 9783030207434 - 9783030207441 ; , s. 143-163
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter deals with legitimacy in connection to the exercise of public power through unilateral decisions. It can for example concern a prohibition, a permit, an allowance, an authorization, an administrative fine, a tax or a duty to perform something (e.g., tearing down a house that was illegally built). The decision implies public power irrespective of whether the individual through the decision receives what he applied for or was denied it. Society is to a large extent governed through such administrative law and a unilateral decision has consequences for the individual concerned. In the chapter is emphasized that legality is one part of legitimacy and that the responsibilities of the officials with regard to the law in action as well as the judicial review by courts are fundamental to legitimacy. Legitimacy is closely connected to trust.
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| 2. |
- Edelstam, Gunilla
(författare)
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The implementation of the services directive in Sweden
- 2012
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Ingår i: The Implementation of the EU Services Directive: Transposition, Problems and Strategies. - The Hague : T.M.C. Asser Press. - 9789067048392 - 9789067048408 ; , s. 589-632
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- The EU Services Directive (SD) is a centrepiece for the realisation of the Internal Market in the services sector aiming at considerably lowering the barriers for service provision in the EU. This chapter therefore analyses the transposition and implementation of the requirements of the SD into the national (administrative) law system of France. This chapter treats all relevant requirements of the SD, such as the Point of Single Contact (POSC), the screening of national law according to the requirements of the SD, the adaption of authorisation schemes for service provision, the requirement of ‘tacit authorisation’ and the need for new rules on administrative cooperation. Finally an assessment of the impact of the SD on the national (administrative) law system is provided. © T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2012.
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