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Open Access. Powered by Scholars. Published by Universities.®

2009

Administrative Law

Vilhelm Persson

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Full-Text Articles in Law

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 Dec 2008

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 Dec 2008

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.