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European Grouping Of Territorial Cooperation – Report On Egtc, Lina Engström, Joakim Nergelius, Vilhelm Persson, Pontus Tallberg
European Grouping Of Territorial Cooperation – Report On Egtc, Lina Engström, Joakim Nergelius, Vilhelm Persson, Pontus Tallberg
Vilhelm Persson
During a number of years there have been discussions within the EU on how to construct a stronger legal framework for cross-border cooperation. This led to Regulation No 1082/2006 of the Council and the European Parliament of 5 July 2006 that opened up for the possibility to create a special legal body for crossborder cooperation, namely European Grouping of Territorial Cooperation (EGTC). The purpose of this report is to describe the EGTC instrument from a legal and political perspective, with special consideration to the legal aspects. We have also chosen to describe the origin of EGTC in order to illustrate …
Civilrättslig Tvångsvård – Ytterligare Kommentarer Angående Omhändertaganden Och Bryssel Ii-Förordningen [Public Care By Private Law – Further Comments On Care Orders And The Brussels Ii-Regulation], Vilhelm Persson
Vilhelm Persson
The ECJ has determined that the Brussels II-regulation is applicable on decisions by public authorities concerning children in need of public care. This means that member states’ possibilities to determine their jurisdiction are limited by EU-law, even in matters that in Sweden are regularly considered to be parts of public law. It also means that not only Swedish but also EU-law fundamental rights must be respected by Swedish authorities. Further, the European Court of Justice has possibly paved the way for more rules on jurisdiction in public law matters.
Skolkläder Och Yttrandefrihet [Freedom Of Expression Concerning Pupils’ Clothes In Schools], Vilhelm Persson
Skolkläder Och Yttrandefrihet [Freedom Of Expression Concerning Pupils’ Clothes In Schools], Vilhelm Persson
Vilhelm Persson
Clothes should be seen as a form of expression that is within the scope of the protection of the freedom, when they are worn with intention and possibility to communicate. However, even when choice of clothes is protected, school rules on dressing is not always seen as limiting the freedom. That is not the case when the rules are general and neither aim to limit the freedom, nor have significant limiting effects. In addition rules that are neutral to the content and that only concern distribution of messages are also not considered to limit the freedom.
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Vilhelm Persson
Swedish law allows that public matters are assigned to private parties as well as international or foreign bodies. When matters are assigned, general administrative rules are often not applicable. However, constitutional provisions still have to be respected by private parties. In contrast, transferring matters to international or foreign bodies has the effect to completely distance the matters from the Swedish legal order, including the constitution. But of course Sweden could make it a condition for the transfer that Swedish rules are applied.
Förvaltningsrättslig Jurisdiktion [Administrative Law Jurisdiction], Vilhelm Persson
Förvaltningsrättslig Jurisdiktion [Administrative Law Jurisdiction], Vilhelm Persson
Vilhelm Persson
Public international law and EU-law sets limits to states’ exercise of jurisdiction. However, within these limits states are free to exercise jurisdiction both to adjudicate and to prescribe rules. In Sweden ¬– as in other states – jurisdiction has been less examined in connection to administrative law than to criminal or private law. This leaves the limits of the jurisdiction to be determined by case law. In principle there are differences between jurisdiction to adjudicate and to prescribe. However, in public law they are closely connected. It is therefore acceptable that they sometimes are dealt with together. Further, administrative acts …
Rättsliga Ramar För Gränsöverskridande Samarbete. Förvaltningsmyndigheters Internationella Avtalsförhållanden. [Legal Frameworks For Cross-Border Co-Operation: International Agreements Between Administrative Authorities], Vilhelm Persson
Vilhelm Persson
When Swedish public bodies have reasons to contact and co-operate with foreign public bodies, this may give rise to legally complex situations. There are reasons to endeavour to seek solutions adapted to the needs of each individual case. This thesis investigates legal frameworks for such solutions. The investigation in particular deals with binding agreements concluded by Swedish public 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 of central concern for this …