Direktiv 2001/18/EG om avsiktlig utsättning av GMO och dess inverkan på svensk rätt : en europarättslig studie om svensk institutionell och processuell autonomi samt principen om god förvaltning
This master's thesis on the subject of public law will deal with the implications ”Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms” might have on the Swedish legal system. The purpose of the directive is to harmonize the European Union States legislation regarding licensing of the deliberate release of GMO’s into the environment, this to maintain a high level of environmental protection and at the same time preserve the internal market of the European Union. The thesis will primarily examine how the provisions of the directive relating to the general principle of good administration have impacted the procedural autonomy of Sweden. It will also explore whether the provisions of the directive have impacted Sweden’s institutional autonomy. This study is to be regarded as the thesis’ main purpose. The master’s thesis will also briefly touch upon the general principle of good administration, procedural and institutional autonomy and the European Union law’s judicial relation to the member states. A summary of the legislation process preceding the directive on the deliberate release into the environment of GMO’s can also be found, it focuses on the discussions in the different Institutions of the European Union regarding the general principle of good administration. A similar summary of the Swedish implementation process of the directive is also included.
The thesis shows that several provisions in the directive regarding the general principle of good administration have in fact impacted the Swedish procedural autonomy. It also shows that Swedish legislators has been forced to introduce new procedural rules into Swedish law in order to meet the demands of the directive on the deliberate release into the environment of GMO’s while implementing the directive. However, no major impact on the Swedish institutional autonomy has been noted. At the end of the thesis the results and whether or not there is a need for a codified and uniform European administrative law is discussed.
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