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- Mattsson, Titti
(författare)
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Barnet och rättsprocessen : rättssäkerhet, integritetsskydd och autonomi i samband med beslut om tvångsvård
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation deals with the question of the child´s legal status in legal proceedings concerning its own person. Special problems that may arise in investigations concerning the situation of the child and in decisions on measures to be taken in the best interest of the child are also examined. The Care of Young Persons Act (1990:52) constitutes the framework of this study. According to the Act, the County Administrative Court shall, upon application by the social welfare board, decide whether the conditions for statutory care are fulfilled. The law should act as a means of legal protection for exposed children and young persons. The function of the judicial process is to materialize that protection. The thesis examines this function of the law. Three basic demands according to international conventions and Swedish legislation consitute the startingpoint of the work: the child´s right to legal security, the right to personal integrity and the right to successively increasing autonomy. One of the aims of this work is to examine whether the procedural framework for statutory care proceedings according to the Care of Young Persons Act and the practical application of this framework actually satisfy these three demands. Another aim of the study is to describe, at a more theoretical level, the characteristics and special problems in respect of the child´s role in legal proceedings concerning itself. The Swedish legislation is compared with corresponding regulations in Norway and England. An empiricial study based on 390 judgments from the year 1998 in four County Administrative Courts in Sweden concerning statutory care demonstrates how the rules have been applied in practice.
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- Norberg, Per
(författare)
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Arbetsrätt och konkurrensrätt: en normativ studie av motsättningen mellan marknadsrättsliga värden och sociala värden
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The dissertation deals with the normative conflict between labour law and competition law. The legislation in each area gives the Courts guidance in solving a legal problem that has previously been classified as belonging to one or the other area. But the principles guiding the Courts when both competition law and labour law are applicable to a legal problem are vague and difficult to generalise. The aim of the study is to reveal legal principles designed to help the judge make a choice between labour law and competition law. The study describes the core content of the two legal areas and proceeds to investigate how each legal area adapts its core content to other social values. Thus, I study how competition law adapts its application to avoid unnecessary damage to socially motivated regulations and how labour law adapts its application to avoid unnecessary damage to the economically efficient operations of different markets. After an overriding normative analysis of the legal areas at stake, I have been able to identify two truly common principles designed to draw the line between competition law and labour law: 1. The principle of a competition law immunity for trade union activity, limited to the core subjects of collective bargaining like wages and working conditions, and thus not covering anti-competitive agreements concerning the production of goods and services. 2. The principle of the open cartel. No organisation is allowed to actively exclude individual workers or companies in order to prevent them from entering the market. Those legal principles are then applied to three practical cases of conflicts of law between competition law and labour law namely, the collective bargaining technique which underpins the Swedish stevedoring cartel, collective agreements on opening hours and collective agreements on co-operation between undertakings.
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- Persson, Vilhelm
(författare)
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Rättsliga ramar för gränsöverskridande samarbete. Förvaltningsmyndigheters internationella avtalsförhållanden
- 2005
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- When Swedish administrative authorities co-operate with foreign administrative authorities, this may give rise to legally complex situations. This thesis investigates legal frameworks to solve the ensuing problems. The investigation in particular deals with binding agreements concluded by Swedish state authorities and municipalities with corresponding types of foreign public bodies. By the conclusion of such agreements more than one legal system may be involved. This thesis deals with Swedish national law and public international law. A question for this thesis is to what extent it is possible for a Swedish administrative authority to regulate cooperation by means of a binding agreement. The answer to this question is that the possibilities are relatively good, if and when the agreements in questions are not subject to the provisions in the Swedish Constitution - in chapter 10 of the Instrument of Government - on international agreements. These provisions are applicable to binding agreements under public international law and possibly also to certain agreements regulated by rules of other legal systems. Another main question for this thesis is which terms may be included in cross-border co-operation agreements. Swedish law sets up limits on the matters for which public authorities may enter into cross-border agreements. These limits affect agreements concerning matters of foreign policy or concerning the transfer of the right of decision-making to non-Swedish authorities. In addition to these two central questions, this thesis also deals with a number of others, mainly questions concerning choice of a legal system regulating a cross-border agreement and legal effects of ultra vires agreements.
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| 5. |
- Rydin, Urban
(författare)
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Inkomst av näringsfastighet i enskild näringsverksamhet - arbetsinkomst eller kapitalinkomst?
- 2003
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Since the tax reform of 1990 the Swedish tax system separates earned income and capital income. On earned income such as "income from business" taxes and fees leads to a total margin tax burden that vary between 45 and 75 %. This margin effect can be compared to the 30 % proportional income tax on capital income. The allocation of income to earned income or capital income is therefore an important part of the Swedish tax system. This dissertation deals with special rules for the purpose of allocating income between the two categories of income. The topic is to study and analyse three parts of the Swedish tax system for real estate used either a simple firm or in a simple company. All three parts stem from the dualistic income tax system. The first set of rules is about the classification of real estate. For income tax purposes real estate in Sweden is classified as either private residential property (privatbostadsfastighet) or commercial real property (näringsfastighet); the income from the first category is taxed as capital income and income from the second category as business income. The second set of rules concerns activity classification. Following the 1994 business tax reform all private business carried out in Sweden by a person liable to taxation may be either active or passive. The third and last set of rules deals with depreciation carry back and repair carry back as business income when commercial real property is sold. These rules only exist because of the capital income taxation of capital gains.
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- Westregård, Annamaria
(författare)
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Integritetsfrågor i arbetslivet
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation deals with personal privacy in working life. Humans have legitimate expectations and claims to respect for and non-interference with personal privacy in many areas and stages of life. The work place is just one of them. The point departure when dealing with privacy matters at the workplace is primarily the claim by individual employees to respect for and non-interference with their private sphere. An event of overriding importance is the enactment in 1994 of the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms as domestic statutory law. Severe tension within the Swedish legal system is one of the results. Labour and employment law is one arena where this is strongly felt. The Nordic model for labour and industrial relations is characterised by a very high unionisation rate, strong labour market organisations on both sides and heavy reliance on collective agreements as instruments for regulation. EU law puts strong emphasis on the individual employee and relies primarily on statutory law. The influence of EU law is particularly notable in privacy matters. The purpose of the thesis is twofold. First it is to arrive at intellectual clarity concerning notions and concepts related to personal privacy matters and the way these are used. The perspective here is theoretical. Second, the purpose is to present the law as it stands today on personal privacy matters. Here the perspective is that of a legal scholar doing traditional legal research. However, the approach is rather analytical. The task also supersedes traditional legal dogmatism since there are many lacunae in existing legal regulation.
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