Erkännande av utländska förvaltningsbeslut
Author
Summary, in English
This thesis investigates the effects of foreign administrative decisions in the Swedish legal system. In several fields of public law there exist rules and principles providing that decisions emanating from other States’ administrative bodies should be recognized in Sweden, e.g. driving licences, university degrees and product certifications. The thesis examines the function of such rules and principles in light of the balancing of the interests of the states and individuals involved.
There is no general legal duty to recognize foreign administrative decisions. However, there are some general obligations of international cooperation within the field of public law, especially under EU Law. Specific duties to recognize foreign administrative decisions are laid down in international conventions, legal instruments of the EU and Swedish legislation. Furthermore, general principles under EU Law, such as the principle of mutual recognition, may entail a duty to recognize foreign decisions in individual cases.
When there is a legal duty to recognize a foreign decision, there is very little room to refuse recognition in Sweden. As a rule, there is a right of refusal only in case of manifest errors in the issuing State.
The present study investigates some legal problems arising from the handling of cases involving the recognition of foreign administrative decisions, including issues concerning control by the authorities of the issuing State.
The thesis puts forward a typology for rules on the recognition of foreign administrative decisions. It is concluded that rules and principles on recognition serve the function of balancing the interests of international cooperation, legal certainty and a State’s prerogatives for the determination of its domestic rules.
There is no general legal duty to recognize foreign administrative decisions. However, there are some general obligations of international cooperation within the field of public law, especially under EU Law. Specific duties to recognize foreign administrative decisions are laid down in international conventions, legal instruments of the EU and Swedish legislation. Furthermore, general principles under EU Law, such as the principle of mutual recognition, may entail a duty to recognize foreign decisions in individual cases.
When there is a legal duty to recognize a foreign decision, there is very little room to refuse recognition in Sweden. As a rule, there is a right of refusal only in case of manifest errors in the issuing State.
The present study investigates some legal problems arising from the handling of cases involving the recognition of foreign administrative decisions, including issues concerning control by the authorities of the issuing State.
The thesis puts forward a typology for rules on the recognition of foreign administrative decisions. It is concluded that rules and principles on recognition serve the function of balancing the interests of international cooperation, legal certainty and a State’s prerogatives for the determination of its domestic rules.
Department/s
Publishing year
2010
Language
Swedish
Publication/Series
Skrifter utgivna vid Juridiska fakulteten i Lund
Volume
173
Document type
Dissertation
Publisher
Juristförlaget i Lund
Topic
- Law
Keywords
- mutual trust
- mutual recognition
- European Union
- administrative agencies
- global administrative law
- international administrative law
- public law
- administrative law
- federalism
- home country control
- förvaltningsrätt
Status
Published
Research group
- Public Law
Supervisor
ISBN/ISSN/Other
- ISBN: 978-91-544-0115-4
Defence date
20 March 2010
Defence time
10:15
Defence place
Pufendorfsalen, Juridiska institutionen (Tryckeriet), Lilla Gråbrödersgatan 3 C, Lund
Opponent
- Thomas Bull (Professor)