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Showing 1 to 2 of 2 (0.035 seconds)Spelling suggestions: "subject:"primärrätten"" "subject:"primärrecht""
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Kollektivavtalsrätten och ideologierna : Ideologies and Swedish Labour LawBerg, Lisa, von Zedtwitz-Liebenstein, Sangrid January 2011 (has links)
Abstract The overall aim of this paper is to examine the impact of ideologies and norms on a legal system. Against a background of a description of the hierarchy of norms in Swedish labour law and in European Union law, respectively, the paper aims to specifically demonstrate the problems caused by the different hierarchies of norms when implementing EU directives in Swedish labor law. The research question examines how the trade unions’ right to industrial action towards an undertaker providing transnational services by posting of workers, is affected by the implementation of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. The paper answers the question under what conditions the Swedish trade unions have the right to take industrial action in situations of posting of workers. Through the study of sources of law and adhering to traditional jurisprudence, this paper investigates the legislation regarding trade unions’ rights to take industrial action in situations of posting of workers. In addition to the jurisprudential research, a glance at the history of ideologies is provided. The purpose of this is to explain the role of ideologies in the origins and history of Swedish labour law, as well as their role in the current development of law. With the ideological and historical discussion as a background, this paper investigates Swedish law and EU law using a comparative approach. The purpose is to illustrate how differences in ideological bases are determinant of differences in current legislation and legal practice. The paper studies the development of law since the 1990s with regards to the right to industrial action in situations of posting of workers. The Swedish labour law has been revised since Sweden joined the European Union. The presentation looks particularly at the following cases in the Swedish Labour Court: AD 1989 No. 120 (the Britannia case) and AD 2005 No. 49 (the Vaxholm case). The paper studies the Posting of Workers Directive and presents an analysis of the European Court of Justice Case C-341/05 Laval un Partneri Ltd (the Laval case). To allow for analysis and a broad discussion on the implementation of the Posting of Workers Directive, an account is made of the different government committee instructions, committee of inquiry reports, and governmental legislative proposals of importance for the implementation of the directive into the Foreign Posting of Employees Act, and for the legislative changes prompted by the Laval case (i.e. the lex Laval). The main conclusion drawn from the study of the legislative development is that the level of legislation of the Swedish labour market will increase due to the tendency of europeanisation. The study also establishes the importance of ideologies, norms and values for the development of a legal system. This paper does not fully answer whether the set of norms on which Swedish labour law is based is about to change, but the trend is that on the whole no such changes have been observed. The existence of lex Laval has not affected the basic set of norms of Swedish labour law.
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De grundläggande rättsprinciperna vid direktupphandling : HFD 2018 ref. 60 och EU-rätten / The General Principles of Swedish Direct Awards : HFD 2018 ref. 60 and EU LawLignell, Elias January 2022 (has links)
This thesis examines the general principles in European Union (EU) public procurement law, as they apply to Swedish direct awards of low value, outside the scope of the EU procurement directives. A combination of Swedish and EU legal methodology is used to investigate two overarching themes. Firstly, the two different legal bases of the general principles, in the light of the Court of Justice of the EU’s definition of cross-border interest, as well as the Swedish implementation. Secondly, the central substantive consequences imposed by the principles on direct awards. The only national precedent on the subject, HFD 2018 ref. 60 of the Supreme Administrative Court, is both utilised and criticised against the backdrop of EU law to paint a picture of the principles’ inner workings in a direct award context. Pertaining to the first theme, an analysis of the applicability of EU primary law on direct awards is undertaken in order to distinguish the legal bases of the principles. If a contract is of certain cross-border interest, the general principles flow directly from EU law. In the absence of such an interest, the principles are exclusively based in Swedish law, which nationally extends the EU principles to all procurement (gold-plating). Overall, contracts valued below a quarter of the applicable EU directive threshold usually lack certain cross-border interest, unless there are concrete indications of the opposite. As a result, most direct awards fall outside the scope of EU law. An awareness of the legal bases of the principles is relevant to avoid breaches of EU primary law. It is argued that the Swedish gold-plated implementation of the general principles causes unnecessary uncertainty, and that separate national principles should be introduced outside the scope of EU primary law. As for the second theme, a thorough analysis concludes that the principles do not prohibit direct awards given without any exposure to competition, as long as the contracts are of low enough value. Direct awards can therefore be conducted through direct contact with a single supplier, in accordance with the legislative aims of the procedure. This may not be the case for social and other specific services of relatively high value. Nonetheless, the principles still affect direct awards, for instance in prohibiting flagrant cases of differential treatment without objective justification, based in arbitrary or corrupt decision-making. Unfortunately, these requirements are able to be circumvented due to the wide discretion given to procuring entities. On the other hand, if a direct award procedure is voluntarily advertised, the principles have greater practical significance. Still, the requirements in such cases are more lenient than in ordinary procurement procedures.
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