Professionella sporutövare och avstängningen från arbetslöshetsförsäkringen- behöver domstolarnas praxis revideras?

Sammanfattning: The legal courts in Sweden have developed a case law wherein the application criteria for being eligible to acquire unemployment insurance have become strict and rigid. This is in particular true when it comes to professional athletes who cannot make a living on their athlete wage. It is the 9th to 11th section of the Swedish Law (1998:238) on Unemployment Insurance that set the determinants for who of the unemployed is to be considered as being of disposal to the labour market. The strict and extensive interpretation of the relevant sections has been based upon a literal reading of the relevant preparatory works to the law in question. A substantial amount of relevant cases as well as preparatory works have been examined to investigate whether there is a need for revising this case law. This essay has not dealt with to what extent the case law should be revised and has dealt only with the question of whether any revision of any sort should take place. The conclusion drawn after a long investigation and legal analysis is that a revision of the case law needs to take place.