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| 2. |
- Rejmer, Annika, et al.
(author)
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Gemensam vårdnad kan skada
- 1999
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In: Dagens nyheter. - Stockholm : AB Dagens nyheter. - 1101-2447. ; :1999-07-23
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Journal article (pop. science, debate, etc.)
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| 3. |
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| 4. |
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| 5. |
- Öberg, Jacob, 1982-, et al.
(author)
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Day Fines in Sweden
- 2021
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In: Day Fines in Europe. - Cambridge : Cambridge University Press. - 9781108855020 - 9781108796439 - 9781108490832 ; , s. 44-69
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Book chapter (peer-reviewed)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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| 6. |
- Öberg, Jacob, 1982-
(author)
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Subsidiarity and EU Procedural Criminal Law
- 2015
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In: European Criminal Law Review. - Oxford : Hart Publishing Ltd. - 2191-7442 .- 2193-5505. ; 5:1, s. 19-45
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Journal article (peer-reviewed)abstract
- This article examines how subsidiarity can limit the exercise of EU procedural criminal law competence. It argues for a narrow understanding of subsidiarity, suggesting that EU procedural criminal law legislation can only be directed at problems which are of a cross-border nature. By analysing a specific piece of EU legislation, the new Victims Directive, it is shown how the subsidiarity principle can be enforced. The article sustains that the Victims Directive can be criticised on subsidiarity grounds as the directive fails to adequately account for the link between victim rights and the application of the principle of mutual recognition, since the directive fails to explain properly the need to regulate local victim rights. The article also draws some broader reflections on the justifications for EU harmonization. It is argued that EU initiatives in procedural criminal law have not primarily been driven by the need to facilitate mutual recognition and free movement but rather motivated by a general concern to deliver a common European sense of justice. Whilst this approach from the EU legislator can be justified from a moral perspective, it flies in the face of the idea that decisions should be taken as closely as possible in respect of citizens.
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| 7. |
- Öberg, Jacob, 1982-
(author)
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Subsidiarity as a Limit to the Exercise of EU Competences
- 2017
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In: Yearbook of European Law. - Oxford : Oxford University Press. - 0266-7223 .- 0263-3264 .- 2045-0044. ; 36, s. 391-420
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Journal article (peer-reviewed)abstract
- This article examines how subsidiarity can limit the exercise of EU competence. It suggests that the problems of reconstructing subsidiarity cannot be seen in isolation from the issue of judicial review. In a substantive sense it contends that subsidiarity can be reconceptualised as a principle that challenges the internal market justification for exercise of Union competences. It argues for a narrow understanding of subsidiarity, suggesting the EU legislator to demonstrate the risk or the existence of a transnational market failure or a transnational interest in order to substantiate EU harmonization. From the perspective of judicial enforcement the key argument is to change the focus from ‘substantive review’ to ‘procedural review’ of subsidiarity in order to meet institutional concerns. The proposed standard of review suggests that the EU legislator must offer ‘adequate reasoning’ and ‘relevant evidence’ to maintain that EU legislation conforms to the subsidiarity principle.
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| 8. |
- Öberg, Jacob, 1982-
(author)
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The Rise of the Procedural Paradigm : Judicial Review of EU Legislation in Vertical Competence Disputes
- 2017
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In: European Constitutional Law Review. - Cambridge : Cambridge University Press. - 1574-0196 .- 1744-5515. ; 13:2, s. 248-280
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Research review (peer-reviewed)abstract
- EU Law-Vertical competence review of EU secondary law-Court of Justice control of the exercise of EU legislative powers-Strict procedural review of EU legislation-Standard of judicial review and intensity of judicial review-Judicial review as a safeguard of federalism-Constitutional review of EU legislation-Proportionality, subsidiarity and principle of conferral-Balance between the EU legislator's prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law-Distribution of competences between Member States and the EU.
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| 9. |
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Collaborating Against Child Abuse : Exploring the Nordic Barnahus Model
- 2017. - 1
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Editorial collection (peer-reviewed)abstract
- This edited collection explores the background and implementation of the Nordic Barnahus (or 'Children's House') model - recognised as one of the most important reforms related to children who are the victims of crime in the Nordic region. This book discusses both its potential to affect change and the challenges facing it. The model was introduced as a response to a growing recognition of the need for more integrated and child-centred services for children exposed to violence and sexual abuse. In the Barnahus structure, different professions work together to ensure that victimized children receive help and treatment and that their legal rights are met. This original study is organised in four broad themes: child-friendliness, support and treatment; the forensic child investigative interview; children's rights perspectives; and interagency collaboration and professional autonomy. Each themed section includes in-depth chapters from different Nordic countries, outlining and analysing the practice and outcomes of the collaborative work engaged in by Barnahus from different perspectives. The introductory and concluding chapters offer a comparative lens useful for policy and practice implementation within the Nordic welfare state context and beyond, ensuring this book has global academic and practical appeal.
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| 10. |
- Larsson, Stefan, et al.
(author)
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AI i offentlig sektor : Från etiska riktlinjer till lagstiftning
- 2022
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In: De Lege årsbok 2021 : Law, AI & Digitalization - Law, AI & Digitalization. - 1102-3317. - 9789177371670 ; 2021, s. 467-495
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Book chapter (other academic/artistic)abstract
- Användningen av artificiell intelligens (AI), det vill säga en rad primärt databeroende metoder och teknologier för bland annat prediktion och automation, tycks bidra till en omvälvande period i den offentliga förvaltningen. Detta skifte föranleder ett styrningsbehov, ofta kopplat till tillitsfrågor, vilket i en internationell kontext inte minst syns i en stor mängd etiska riktlinjer och principiella dokument som publicerats under de senaste få åren. Styrningen befinner sig därmed i en formativ period, vilket inte minst tydliggörs i och med EU-kommissionens förslag på den förordning om harmoniserade regler för AI (rättsakt om AI) som publicerades i april 2021. I detta kapitel belyser vi denna styrningsutveckling i sig, visar på dess mest centrala delar, samt analyserar den svenska offentliga AI-användningen i dess ljus.
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