| 1. |
|
|
| 2. |
- Asplund, Ida, 1980-
(författare)
-
Den enskildes rättssäkerhet i individnära tillsyn
- 2021
-
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.
|
|
| 3. |
|
|
| 4. |
- Brännström, Malin, 1973-
(författare)
-
Skogsbruk och renskötsel på samma mark : En rättsvetenskaplig studie av äganderätten och renskötselrätten
- 2017
-
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.
|
|
| 5. |
|
|
| 6. |
|
|
| 7. |
- Derlén, Mattias, 1976-
(författare)
-
A castle in the air : The complexity of the multilingual interpretation of european community law
- 2007
-
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.
|
|
| 8. |
|
|
| 9. |
- Enarsson, Therese, 1984-
(författare)
-
Brottsoffer i rättskedjan : en rättsvetenskaplig studie av förhållandet mellan brottsoffers rättigheter och rättsväsendets skyldigheter
- 2013
-
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.
|
|
| 10. |
- Enqvist, Lena, 1984-
(författare)
-
En myndighet i samverkan : Försäkringskassans rättsliga förutsättningar att samverka med Arbetsförmedlingen samt hälso- och sjukvården
- 2019
-
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.
|
|
| 11. |
|
|
| 12. |
|
|
| 13. |
- Henrikson, Ann-Sofie, 1969-
(författare)
-
Överskuldsatt och skyldig : en rättsvetenskaplig analys av konsumentskyddet mot överskuldsättning
- 2016
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Consumer credit is seen as a matter of course and an essential precondition enabling the individual consumer to allocate in a smooth manner his or her income to varying expenses, and allowing the growth-rate to increase in society. The consumer community using different forms of credit has increased and includes today a diversity of social groups such as the elderly, children, the rich and the poor. Credit is not just a good thing, however, as it involves risks of failing to fulfill the credit contract obligations.The point of departure for the thesis is that over-indebtedness constitutes a problem which society wishes to solve because it causes considerable difficulties for both individuals and society as a whole. Numerous rules govern loans in Sweden, from the moment the consumer contemplates entering into a credit contract to the moment when the consumer is too indebted to repay the debt when due and must seek debt-repayment-plan modification. The thesis examines and analyses which consumer protections against overindebtedness emerge from these rules.The study shows that the regulatory measures adopted in recent years are similar to each other and mostly consist of rules protecting the consumer before a credit contract is concluded. Although the purpose of other existing rules addressing the last phase of the credit process is to protect the consumer who miscalculated his or her future economic circumstances, the protection is overall weak. In fact some of the rules in the last phase of the credit process can contribute to aggravating the consumer’s economic situation.
|
|
| 14. |
- Hjertstedt, Mattias, 1974-
(författare)
-
Tillgången till handlingar för brottsutredare : En rättsvetenskaplig studie av beslag med husrannsakan, myndigheters utlämnandeskyldighet samt editions- och exhibitionsplikt
- 2011
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Rules that give police and prosecutors access to information are of great importance for the combating of crime, but they might also violate human rights. This thesis focuses on documents, which often contain information that criminal investigators need.The overall aim of this thesis is to analyze in what ways Swedish legislation enables criminal investigators to gain access to documents and to discuss what means they should have for receiving such objects. This analysis is carried out through closer study of the legal regulation of seizure combined with the search for objects, public access to official documents, and the obligation of authorities to provide other authorities with information, as well as the obligation to produce written evidence or objects of inspection.The aim of the thesis is to survey and call into question the law as it stands as well as discuss possible solutions to some of the problems. The basis of the critical analysis provided is that good legislation should be well-balanced, clear and coherent. The material used comes primarily from Swedish legal sources, and is also based on case law handled by the European Court.One conclusion reached is that seizure in combination with search seems to be the most important regulation concerning the need of criminal investigators requiring to access private documents, while the obligation of authorities to provide other authorities with information seems to be the main basis on which to receive documents held by authorities. Another conclusion is that the rules under scrutiny here seem in some respects to be unbalanced, unclear and incoherent.
|
|
| 15. |
- Holm, Fanny, 1980-
(författare)
-
Justice for victims of atrocity crimes : prosecution and reparations under international law
- 2017
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law.The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.
|
|
| 16. |
- Hultgren, Peter, 1986-
(författare)
-
Fel i tjänst : om felbedömning och påföljdsbestämning vid avtal om tjänster i oreglerade fall
- 2019
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Fel i tjänst är på grund av tjänsternas olikartade natur ett mycket brett ämne. Då majoriteten av tjänsterna som tillhandahålls på den svenska marknaden inte omfattas av reglering har ämnet vidare ett naturligt samband med metodfrågor om avtalsutfyllning med analogier och allmänna rättsgrundsatser. Det skulle kunna sägas gå en skiljelinje mellan de reglerade och de oreglerade tjänsterna avseende de metodologiska utgångspunkter som är nödvändiga att ta vid tvistlösning och behovet av forskning gör sig framförallt gällande på den sida av denna skiljelinje som de oreglerade fallen befinner sig. Detta är således en avhandling om felbedömning och påföljdsbestämning vid oreglerade tjänster.Studien är uppdelad i två delsyften. I det första delsyftet granskas Högsta domstolens utfyllande verksamhet och vidare behandlas frågan om hur utfyllning av avtal bör motiveras. I det andra delsyftet analyseras en modell för att avgöra när fel i tjänst föreligger vid oreglerade tjänster och därtill det allmänna påföljdssystemet samt förutsättningarna för de respektive påföljdernas tillämpning vid fel i oreglerade tjänster.Avhandlingen riktar sig i första hand till jurister med ett särskilt intresse för förmögenhetsrätt, lagstiftare och rättstillämpare som kommer i kontakt med frågor om avtalsutfyllning genom analogier och allmänna rättsgrundsatser i allmänhet eller felbedömning och påföljdsbestämning vid oreglerade tjänster i synnerhet.
|
|
| 17. |
- Hästbacka, Rasmus, 1978-
(författare)
-
Europeiska företagsråd i svenska koncerner : en rättsvetenskaplig studie av EWC-regleringens betydelse för arbetstagarinflytande och styrning av multinationella koncerner
- 2017
-
Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The subject matter of this licentiate thesis concerns the two EU directives on European Works Councils. The analysis is confined to the Swedish implementation of these directives into Swedish law. The thesis defines the term "EWC regulation" to encompass both the Swedish levels of EWC legislation and the regulation of EWCs by EWC agreements themselves.The overall objective is to gain an increased understanding of the function of EWC regulation. This requires a normative analysis of both EU and national law as well as an empirical study of the application. The thesis includes a number of agreements on EWCs based on the Swedish legislation and their application in corporations based in Sweden. Three multinational corporations in the health care sector, financial sector and metal industry have been selected.The focus lies on the regulation's practical significance for worker influence and corporate governance. A distinction is made between rules on worker participation (in law) and worker influence (in practice). As a point of departure the author combines the theory of reflexive law with concepts borrowed from the fields of management studies and economic history. The methods used consist of doctrinal legal interpretation and semi-structured interviews.The key findings run as follows. The EWC regulation generates worker influence by enhancing the knowledge and unity of worker representatives. The regulation facilitate corporate governance by strengthening the legitimacy of management, improving the decision basis and channels of communication. The worker influence is, under proper circumstances, strong in issues such as reorganizations, reassignments, health and safety. The influence is weaker in situations of relocation, outsourcing across national borders and other forms of regime shopping.
|
|
| 18. |
- Hörnberg Lindgren, Christina, 1961-
(författare)
-
Miljökonsekvensbedömning som rättsligt verktyg för hållbar utveckling
- 2005
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this thesis is to analyse the legal notion of Environmental Impact Assessment (EIA) in order to provide, on a scientific basis, increased understanding and knowledge of the different components of this legal notion and each component’s importance for the whole. The objective is to specify what EIA is at present and what it is intended to be. This thesis analyses the legal tool, shows what the rules are in a few selected countries and goes on to discuss how it could be developed in order best to fulfil its function of promoting sustainable development. The question asked throughout this thesis is how the EIA rules should be designed in terms of their content and construction in order to function as a legal tool to promote sustainable development.
|
|
| 19. |
- Indén, Tobias, 1977-
(författare)
-
Kommunen som konkurrent : Kommunalrättsliga befogenheter och konkurrensrättsliga begränsningar
- 2008
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- It is common practice that Swedish municipalities sell services and utilities in competition with private undertakings. For example Swedish municipalities have been engaged in driving schools, sold plants from municipal plant schools, provided real estate maintenance services to private persons and companies, and municipal public baths have also been engaged in public gyms. Commitments on these areas have earlier in large extent been reserved to private operators and the area is therefore to be denoted as the proper business community. The fact that the municipal operators in a larger extent engage in activities on the market which by tradition have been reserved for private undertakings, when private undertakings at the same time get access to many markets which have recently have been subject to different types of liberalisations, risks creating competition problems; especially in situations when the municipal operators in various way are being favoured by their owners, the municipalities. In this dissertation the conflicts that often occur when municipal undertakings engage in business activities are being analysed in the light of the Swedish local government act, the competition legislation and the European prohibition against state aid. The analysis focuses not only on a general approach but also on three specific areas. The areas that are treated in particular concerns municipal rental housing, municipal gym services and municipal commitments in certain service sectors, as in restaurants and conferences, including municipal tourism industry. Moreover the analysis results in a presentation of alternative strategies on how to solve or at least mitigate the competition problems that can arise when municipal operators compete with private companies. The alternative strategies that are presented are not built solely on an analysis of the above mentioned legislation and the specific areas but it is also based on proposals put forward in earlier enquiries and in the doctrine. Moreover inspiration for the alternative strategies is found in the comparative survey that is done, where first and foremost the Danish judicial system is analysed.
|
|
| 20. |
- Ingmanson, Staffan, 1959-
(författare)
-
Erkännande av yrkeskvalifikationer inom EU
- 2005
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Many different types of qualification requirement and other forms of regulations of professions exist in the Member States of the European Union. A common qualification requirement for access to a profession or use of a professional title is the possession of a diploma, certificate or other evidence of formal qualifications that proves that the person in questions has the education and experience necessary. The aim of the thesis is to examine what legal strategies the Community has developed to counteract the obstacle against free movement of workers and self-employed persons that national qualifications of this types gives rise to. The analysis is performed using an integration perspective and with its basis in the tensions between European Community law and national law that arise as Community law’s demands for free movement and equal treatment conflict with the interest of the Member States to set their own professional qualifications in accordance with national values and traditions. Central to the examination are the directives on recognition of professional qualifications adopted by the Council and the European Parliament and the European Court of Justice’s case-law on the subject. A central tasks is to analyse the contents of Community law and to study those rules from a development perspective.
|
|
| 21. |
- Jers, Johanna, 1983-
(författare)
-
Ett gemensamt styrelserum : rättsliga förutsättningar för att åstadkomma en jämn könsfördelning genom kvotering
- 2022
-
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.
|
|
| 22. |
- Jonsson, Elin, 1981-
(författare)
-
Konstruktioner av den sexuella familjen : styrning av föräldrablivande i rättslig reglering av assisterad befruktning och juridiskt föräldraskap
- 2023
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis deals with the Swedish legal regulation of becoming a parent. It covers the regulation of legal parental status and of health care-provided assisted reproduction. The family law and medical law that in these regards can have an impact on individuals’ potential to become parents have both undergone many changes in the last few decades. The aim of the thesis is to make visible how becoming a parent is regulated on a formalized level, and how the regulation of parenthood has been constructed on a discursive level. The thesis’s critical approach thus includes understanding law as an arena for power exercised through legal provisions as well as knowledge production.In the first of the main chapters the current Swedish legislation on insemination, in-vitro fertilization, establishing legal parenthood, recognition of foreign decisions, and national and international adoption is described and analyzed. This is followed by chapters that deal with constructions of ideals, expectations, and other understandings of law and potential parents respectively. This serves the purpose, among others, of illuminating the interplay between diverse legal sources and areas of law. In preparatory works that record lawmakers’ reasoning on the regulation, assumptions that the thesis identifies involve the law’s consistency and at the same time inclusivity. These legal traits have proved to be contradictory, not least when uniform regulations shall apply to a plurality of family forms.In both the formalized- and discursive-level analyses, two parents that are a different-sex, cisgender couple with biological children conceived through sexual reproduction are observed to function as the natural or self-evident default. Drawing on the concept of the sexual family model, the thesis demonstrates ways in which the contours of that model are still operating within Swedish law. It concludes further that the coercive and discursive effects of the law can be said to altogether regulate reproduction towards family formation that mainly corresponds to the sexual family model.
|
|
| 23. |
-
Jubileumsskrift till Juridiska institutionen 40 år
- 2017
-
Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Juridiska institutionen vid Umeå universitet bildades år 1977. Med anledning av 40-årsfirandet presenteras i denna jubileumsskrift 20 bidrag skrivna av 33 forskare och lärare verksamma vid institutionen. Både juristprogrammet och den forskning som bedrivs vid institutionen har med tiden blivit fast etablerade som en del av de svenska universiteten. Forskningen har i takt med internationaliseringen utvecklats och många forskare är etablerade både på nationell och internationell nivå. De olika bidragen speglar undervisning och forskning vid institutionen. De handlar såväl om juristprogrammets etablering och utveckling som olika aktuella projekt och forskningsområden som utvecklats vid institutionen.
|
|
| 24. |
- Karlsson, Rikard, 1984-
(författare)
-
Samverkan och sekretess : en rättsvetenskaplig studie av myndigheters informationsutbyte vid olyckor och extraordinära händelser
- 2015
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Cooperation between authorities is of great importance for effective crisis management. A new crisis management system was introduced in Sweden in 2002 to enhance the ability of public authorities to manage accidents and extraordinary events. It expects authorities to cooperate with each other both before and while dealing with such situations. An important aspect of this cooperation is the exchange of information, which is hampered when authorities are obliged to observe secrecy rules even if this limits their ability to manage accidents and extraordinary events. It may be said, therefore, that the legislation governing the exchange of information by authorities, chiefly the Public Access to Information and Secrecy Act (2009:400), is essentially at variance with the rules that require cooperation.The thesis analyses legal requirements on authorities to cooperate and exchange information when dealing with accidents and extraordinary events and how these requirements relate to secrecy rules. The study does not merely examine the legal requirements placed on authorities to cooperate and exchange information and to observe secrecy rules when dealing with accidents and extraordinary events; it also undertakes a critical analysis of the current legislation, with the aim of identifying deficiencies and ambiguities, taking as its criteria that good legislation should be clear, coherent and well-balanced. Since the thesis shows that there are deficiencies in the legislation, it also suggests improvements and alternative forms of regulation.
|
|
| 25. |
- Landström, Lena, 1962-
(författare)
-
Åklagaren som grindvakt : En rättsvetenskaplig studie av åklagarens befogenheter vid utredning och åtal av brott
- 2011
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden an oral hearing, the trial, is held as the ideal model for the criminal procedure and according to the legality principle reported crimes ought to be investigated and prosecuted. Over time high levels of reported crimes have led to an increase in pressure on the courts and other actors in the criminal process. This pressure has created new ways of dealing with reported crimes in summary procedures and to exceptions from the legality principle. Such changes have given the prosecutor a key role in deciding how cases are dealt with in the criminal process. The purpose of this thesis is to examine the Swedish public prosecutor’s influence on the choice of cases that are investigated, prosecuted and tried in court during a trial. The study examines the prosecutors’ legal authority and how that authority has changed from the time that the Code of Judicial Procedure came into force in 1948 to the beginning of 2011.A starting point for the examination is that investigating, prosecuting and trying cases in the criminal process should be carried out in a way that is considered to be fair according to societal values, which are embedded in the legal system. Both decisions about which cases will be tried and the procedure involved in how to try them has to be performed in a way that seems to be fair. In the study the values that underlie the criminal process is examined through a model. This model assumes that the criminal process has been created and developed to satisfy different requirements, which can be separated into three main groups: the functions of the criminal process, legal principles and the main objectives of a good administration of justice. The model is used to analyze and discuss the development of the legal rules.The prosecutor’s authority and influence over the process has broadened and the use of summary procedures has served to place the focus on the police investigation instead of the trial. Among the objectives of a good administration of justice Speed and Cost effectiveness are considered to be more important than Security. As long as the Trust in the system is sufficient this development can continue. A conclusion from the study is that there is a need for some actor to prioritize and to do that openly. In the study the issue is raised whether it is time to question the legality principle as the main principle for the Swedish legal system.
|
|
| 26. |
- Leidö, Jan, 1983-
(författare)
-
Realizing the Single Software Market : Cross-National Validity of Software License Agreements
- 2014
-
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.
|
|
| 27. |
|
|
| 28. |
|
|
| 29. |
- Naarttijärvi, Markus, 1981-
(författare)
-
För din och andras säkerhet : Konstitutionella proportionalitetskrav och Säkerhetspolisens preventiva tvångsmedel
- 2013
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis analyzes the balancing and proportionality analyses performed by Swedish legislators over time in the creation of legislation allowing for the interception of communica- tions data and metadata by the Swedish Security Service for intelligence purposes. By examining the concept of proportionality within the field of constitutional law, a framework for performing proportionality tests is identified. This framework is used as a contrast against the actual proportionality analyses performed by legislators in preparatory works, and to analyze three components of the legislators’ policy choices: the legislators’ view of national security, the legislators’ view of privacy; and the effect of technological development on the former two components. These components are analyzed through a study of preparatory works from a historical comparative perspective, allowing for the study of shifts in policy outcomes over time.The study shows that legislators’ views on national security have shifted during the last 50 years. as could be expected the focus has shifted towards a more preventive approach. Following this development however the study further identifies a shift in the legislators’ views on privacy. Whereas the importance of privacy from a societal perspective seemed pivotal in the ’pre-preventive era’ of communications interception, the view in the last 15 years has gradually shifted towards a view of privacy as an almost exclusively individual interest, resulting in a weakened status of the right to privacy against competing national security interests. Finally, the importance of technological developments within this field can hardly be overestimated. The range of permitted forms of communications interceptions has closely followed what has been technologically possible, and economically feasible to intercept.Intelligence gathering has increasingly become a legal sphere of its own, where most forms of metadata can be collected without the involvement of the judiciary, and where evidentiary requirements have been lowered to facilitate the use of interception in preventive intelligence gathering. Overall the thesis concludes that these factors have enabled a different outcome of the legislators’ proportionality analyses, where previous ideals have been supplanted by the preventive paradigm.
|
|
| 30. |
|
|
| 31. |
- Nordvik, Marie Lindsjørn, 1982-
(författare)
-
Barnets rett til medbestemmelse ved omsorgsovertakelse : rettighetens betydning i et komplekst landskap av rettslige normer
- 2021
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This legal study concerns the child’s right and possibility to participate when a care order is being considered in Norway. The child’s right to participation can be explained as the influence children can or should have on their own lives, even if children do not have full autonomy or self- determination. The right has been decisive for a change in view of children as a legal entity and an active subject of rights. In Norwegian legislation, the right to participation has been clarified and strengthened since the Convention on the Rights of the Child was incorporated into Norwegian law in 2003, and it has been given a prominent place in children’s own rights provision in Section 104 of the Constitution. Nevertheless, there have been repeated criticisms that this right is not adequately practiced. In this study, it is argued that it is not sufficient merely to strengthen and clarify the child’s right to participation without that right at the same time implying a renewed understanding of the child’s other rights and the conditions for a care order. In an assessment of taking a child into care, the right to participation must be safeguarded throughout all stages of the assessment for those children to be guaranteed a real opportunity for involvement. It is argued that the child’s perspective must be included in the assessment of whether there is a serious failure of care, whether remedial measures can help the situation, and what is in the child’s best interests. The conditions and assessment methodology for decisions on care orders should also promote to a greater extent a balance of the child’s various rights. It is argued that this is necessary to safeguard the child’s independent legal interests in these cases, which also include the parents’ right to family life.
|
|
| 32. |
- Perry, Elizabeth Stuart, 1975-
(författare)
-
Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
-
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.
|
|
| 33. |
-
Rule of Law Promoton : Global Perspectives, Local Applications
- 2009. - 1
-
Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Legal and judicial reform, or “rule of law promotion”, is – and is likely to remain – a priority for international organizations, aid agencies and national governments. The elasticity of the rule of law concept allows it to invoke in support of conflict prevention and peace-building, political transition and human rights, and promoting economic development. Operationally, rule of law project design and programming seem to be converging worldwide. Yet, as rule of law promotion expands its geographic reach to new conflict zones and to Asia, diversity in local political, economic and social environments becomes more obvious. This volume explores what happens when global rule of law promotion confronts local realities, and with what results. We present a fresh collection of essays from new and established scholars in Europe, the United States, Australia and Japan. The contributors explore local case studies ranging from Aceh, Cambodia and East Timor through Vietnam and the PRC, as well as studies of international rule of law promoters including the EU, the World Bank and the UN Security Council. The contributions highlight the increased complexity of the field; the proliferation of local and non-state actors involved in rule of law promotion; and the need for more accountability and good governance by international actors themselves.
|
|
| 34. |
|
|
| 35. |
- Sandén, Ulrika, 1969-
(författare)
-
Sekretess och tystnadsplikt inom offentlig och privat hälso- och sjukvård : ett skydd för patientens personliga integritet
- 2012
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis focuses on the protection of the patient’s privacy in health care in Sweden. It is crucially important that the patient has confidence in the health care and that patient data are kept secret from other persons and authorities. A patient who is unsure about secrecy and confidentiality may choose not to provide data that could prove necessary for health care personnel to arrive at an accurate diagnosis. Some individuals might even avoid seeking medical help from fear that data may be spread to outsiders. Inadequate protection of sensitive data may lead to the confidence of citizens in health care eventually eroding or vanishing completely. Protection of patient privacy is thus of fundamental importance in this area.In the area of health care, the intention of the legislator is that the regulations regarding secrecy in public health care and confidentiality in private health care will guarantee protection of patient privacy. Secrecy in public health care is regulated mainly in Chapter 25, Section 1 of the Swedish Public Access to Information and Secrecy Act (2009:400). In private health care, confidentiality is regulated mainly in Chapter 6, Section 12, first paragraph, and Section 16 of the Swedish Act on Patient Safety (2010:659).The overall purpose of the thesis is to examine and analyse the legislator’s intentions and the juridical construction regarding the rules of secrecy and confidentiality, from the perspective of patient privacy. The starting point of the thesis is that the patient’s privacy should be strongly protected.One of the main conclusions is that the legal construction cannot be considered to be in accordance with the legislator’s intention that the regulation of patient privacy protection should constitute a strong protection for the patient’s privacy, be comprehensible, clear and easy to apply for health care personnel, as well as being the same in both public and private health care.
|
|
| 36. |
- Södergren, Patrik, 1965-
(författare)
-
Vem dömer i gråzonen? : Domstolsprövning i gränslandet mellan offentlig rätt och privaträtt
- 2009
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The starting point of this thesis is the assertion that the interaction between individuals and public authorities sometimes produces claims which cannot easily be categorized as public or private law claims – “claims in the twilight zone”. The aims of the thesis are to examine to what extent such claims can be determined by a court of law and to establish to which kind of court such a claim is properly to be submitted. Moreover, assuming that there is a division of competence between the general courts and the administrative courts that purport to “cut through” claims in the twilight zone, the thesis examines three specific interests: 1) the interest of effective adjudication of claims in the twilight zone; 2) the interest of upholding the division of competence between the general courts and the administrative courts; and 3) the interest of avoiding parallel decisions on the same subject matter. There is much to support the conclusion that claims in the twilight zone have hitherto, with a couple of important exceptions, been adjudicated in the general courts. However, certain ambiguities relating to the proper role of the administrative courts make it uncertain whether this can still be said to be the case. It may perhaps be that the Supreme Court and the Supreme Administrative Court have divergent conceptions of the meaning and effect of a decision made by an administrative court. The present uncertainty makes it difficult to establish to which kind of court a claim in the twilight zone is properly to be submitted, and there is a certain risk that such a claim will not be possible to pursue through a judicial process at all. There is also a certain risk that new boundary lines between public law and private law will be created as a result of procedural ambiguities and not as a result of clear standpoints in matters of substantial law. It is suggested that the situation should be remedied by clarifying the proper role of the administrative courts – or by an amalgamation of the general courts and the administrative courts to one single court system.
|
|
| 37. |
|
|
| 38. |
|
|
| 39. |
- Wehlander, Caroline, 1960-
(författare)
-
Who is afraid of SGEI? : services of general economic interest in EU law with a case study on social services in Swedish systems of choice
- 2015
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- For a long time confined to Article 106(2) TFEU, a provision allowing to justify regulatory measures derogating from Treaty rules by invoking their necessity in order to enable undertakings entrusted with services of general economic interest (SGEIs) to fulfil their special tasks, SGEI has become a constitutional concept of EU law. In the post-Lisbon EU Treaties it is subject to new provisions, in particular Article 14 TFEU and the Protocol on services on general interest.As a legal concept allowing to balance EU market integration and the pursuit of legitimate national policies related to public services, SGEI is also a political concept, and therefore its legal interpretation is an ultra-sensitive matter. This dissertation proposes that SGEI cannot anymore be contrived as a narrow concept of EU competition law, but must be understood as a broad public service concept encompassing both public authorities’ policy missions and undertakings’ public service obligations. This follows from an analysis of the CJEU’s understanding of the EU concept of SGEI in the frame of Hirschman’s theory on exit and voice, and thus on the double background of its own case law foreclosing exit from EU market rules for public services, and of its acknowledgement of the SGEI “voice” this has led to in the Treaties. The analysis shows that the CJEU’s bifurcation by the notions of “public service obligations” and “public service tasks”, is aimed at applying the Treaty SGEI provisions loyally without pre-empting their political use by the Union and the Member States.To shed some light on the political use of the EU concept of SGEI made by the EU legislator and the Member States in a context of Europeanisation and liberalisation, this dissertation scrutinizes also how the new EU procurement and state aid rules applying to social services relate to the Treaty principles on SGEIs, and how the Swedish systems of choice for elderly home care and education relate to the EU rules. It analyses whether these relationships, if too transparent and loyal, may constrain the process of liberalisation of social services in the Member States, and whether it can explain that an explicit characterisation of social services as SGEIs seems to be avoided in EU procurement law and in Swedish law.
|
|
| 40. |
|
|
| 41. |
|
|
| 42. |
- Åström, Karin, 1979-
(författare)
-
Rättsliga åtgärder mot människohandel : Att skydda offer eller möta hot
- 2014
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis focuses on legal protection of victims of human trafficking in Sweden. Human trafficking involves the exploitation of often already vulnerable individuals and is a violation of their human rights. Human trafficking is also a threat to state security as a component of transnational organized crime and illegal migration, and has therefore long been a subject of international cooperation. In this thesis international responses to human trafficking are categorized as being focused on two distinct and separately protected parties, namely the individual and the state. The implementation of these international responses have, in the case of Sweden, mainly led to new criminal regulation relating to human trafficking, and in this thesis international as well as Swedish legal measures against human trafficking are analyzed from a victimological perspective. The overall aim is to investigate and analyze whether victims of trafficking have received an enhanced legal protection through Swedish criminal law. The thesis shows that human trafficking is not considered a problem in the Swedish legislative context, and that the international measures to protect victims of trafficking have not been regarded to any great extent. Few victims of trafficking in Sweden are even identified as victims, and measures against human trafficking have largely been associated with measures against prostitution. To legally connect human trafficking with prostitution is, however, problematic because these crimes have different primary protective interests and the victims have different roles in the investigation and litigation process. From a victim's perspective, the categorization of the crime is crucial because the status of plaintiff, as is required for the possibility for financial redress and other legal rights, is assessed in Sweden by how the offense is classified. It is therefore important for the victims of human trafficking to be identified and categorized correctly in order to be defined as plaintiffs and obtain protection under criminal law. As a result of all these factors, the intended enhanced legal protection for victims of trafficking in Sweden is lost.
|
|
