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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.
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.
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 …