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- Asplund, Ida, 1980-
(författare)
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Den enskildes rättssäkerhet i individnära tillsyn
- 2021
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Legal security in public administration is one of the prerequisites for a legal state. It can be promoted through supervision by public authorities. The need of supervision has increased due to the development of public administration. EU law has also had a clear impact on the development of supervision and its regulation. Supervision can be of special value where formal decisions are rare and the individual has limited access to courts in order to gain access to justice.The study examines how legal security in supervision relating to the rights of the individual has developed since the middle of the 20th century in five different areas: social services, health care, discrimination legislation, data protection and the general supervision of public administration carried out by the Parliamentary Ombudsman. The study also examines the purpose and function of supervision as a constitutional control tool in relation to the rights of the individual.Effective supervision from a rule of law perspective should combine monitoring on a systematic level with investigation of individual complaints and well-functioning levels of supervision. The investigation of individual complaints can build trust and legitimacy and help supervisory authorities to detect relevant misconduct. Active participation by individuals can contribute to the implementation of supervision as a constitutional control tool, which may favour the individual, indivuals collectively and the legal state.
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- Brännström, Malin, 1973-
(författare)
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Skogsbruk och renskötsel på samma mark : En rättsvetenskaplig studie av äganderätten och renskötselrätten
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the northern parts of Sweden forestry and Sami reindeer herding are exercised on the same land and there is an ongoing land use dispute between the land users. Land ownership and reindeer herding rights, based on immemorial prescription and customary law, are parallel property rights to the same land. Studies have concluded that the legal framework does not sufficiently reflect the property rights perspective of the land use conflict. This study examines the legal framework that regulates the relationship between forestry and reindeer herding from a property rights perspective. Starting points of the study are basic aspects of property rights, such as the right to use, decide on and benefit economically from property and the legal protection required in relation to others. Comparisons are made with the legal frameworks that regulate other relationships within real estate law, including e.g. neighbors, easements, joint facilities and utility easement.The study concludes that the relationship between land ownership and reindeer herding rights can be understood only against the background of historical events such as colonization and demarcation. The rights are more independent of each other than other legal relations and can be compared to a double ownership. It is further concluded that the Forestry Act is based on the assumption that reindeer herding is primarily a public interest that needs protection. Land owners have a far-reaching right to use forests that causes damages to reindeer pasture lands that is not in accordance with the legal nature of the reindeer herding right. Further, central elements usually used to regulate property rights relations are missing, e.g. mutual consideration, damages and judicial review.The study also examines if the legal framework is in accordance with the constitutional protection of property in Chapter 2 Section 15 of the constitutional Instrument of Government and Article 1 of the First Protocol to the European Convention on Human Rights. It is concluded that the legal framework has several deficiencies in this respect. Elements are discussed that can be implemented in law to appropriately reflect the property rights studied.
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- Derlén, Mattias, 1976-
(författare)
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A castle in the air : The complexity of the multilingual interpretation of european community law
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- It is well known that European Union law is multilingual. Union legislation is not only published in all authentic languages but equally authoritative in each language. The European Court of Justice has discussed – and indeed made use of – this multilingual character when interpreting Community law. However, the day-to-day application of Community law takes place not in the European Court of Justice but in the courts of the Member States. This study is concerned with the attitude towards multilingual interpretation of Community law displayed by the latter courts. It is pointed out that the European Court of Justice has created extensive obligations for national courts to conduct multilingual interpretation without offering any genuine guidance. The study draws on judgments from Danish, English and German courts and identifies a number of difficulties encountered in the interpretative process. The overall impression is that the multilingual interpretation of Community law in national courts is severely limited. The study also examines a number of factors which can help explain the attitude of national courts. It concludes that not only practical issues but also aspects of national legal culture and fundamental notions of the law contribute to the limited impact of multilingualism. The requirements created by the European Court of Justice are, on a national level, nothing more than castles in the air.
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- Enarsson, Therese, 1984-
(författare)
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Brottsoffer i rättskedjan : en rättsvetenskaplig studie av förhållandet mellan brottsoffers rättigheter och rättsväsendets skyldigheter
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In recent decades the Swedish legislature has increasingly focused on the treatment of victims of crime and the information they receive. Victimology research has also shown the importance of treating victims with respect and of keeping them informed of their rights and the progress of their case throughout the process. The requirements thus set have to be met by all judicial actors, which presuppose a level of cooperation among them. Cooperation therefore constitutes one way of meeting victims' needs. In the current study these three factors; information, good treatment and cooperation, are referred to as victims’ rights. Studies have shown that victims experience shortcomings in the legal process regarding information and treatment. The causes of these shortcomings can be multiple, but from a legal point of view, however, the issue raises the question of whether there may be potential legal difficulties involved in incorporating adequate information and good treatment of crime victims into the judicial process. The purpose of this thesis is to study and analyse victims’ rights in the judicial process. As they are not without a legal context, these victims’ rights are analysed in relation to other legislation, principles and requirements that govern the functions of the judicial system, such as the duty of the police, prosecutors and courts to act objectively, conduct their work independently, and run an efficient legal process. The main question is whether the incorporation of victims’ rights conflicts with other rules and legal principles. The study concludes, inter alia, that victims’ rights concerning the treatment of victims and coordination of the work with victims is vaguely regulated and the intended meaning of the requirements are not clear, which may lead to problems when these requirements are incorporated into the justice system. Regarding information, treatment of victims and coordination and cooperation, little guidance is given about how to incorporate this at the local level. Informational requirements are expressed more clearly in the legislation, but how and to what extent information to victims should be given can still be a matter of interpretation on the part of the actors. The existence of local differences is therefore likely, which can affect the actual support that individual victims gain access to. The legislature could choose to further clarify and elaborate upon how victims’ rights issues relate to other aspects of the judicial process, how priorities or balancing of interests should be handled as well as to reveal the underlying motives for such considerations. Such clarification could possibly increase the consistency of the incorporation of victims’ rights, and transform abstract goals into concrete actions.
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- 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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