Regeringens volymmål för Försäkringskassan – en konstitutionell och förvaltningsrättslig analys
Sammanfattning: In the regulatory letter for 2016 the Swedish Social Insurance Agency was given two goals; the agency had to work to reduce the sickness benefit rate to 9 days and the number of newly granted sickness benefits should not exceed 18,000 on average per year. The thesis intends to investigate whether the Agency may take these volume targets into account in its decision-making and if the government by issuing the regulatory letter has affected the Agency's exercise of authority in a way that exceed its powers. In its decision-making, the Agency cannot take into account the volume target of the regulatory letter by rejecting applications on the basis of the number of sickness benefits already granted. This is due to the fact that a regulatory letter may not change or limit the scope of the law. A regulation letters must also not contain legal rules. The Agency may however strive to reduce the sickness benefit rate by increasing legal certainty or cooperating more with employers. The principle of objectivity requires impartiality and equality before the law. It does not prevent the Agency from applying rules in an impartial way, which should not be applied for reasons of legality. The principle does therefore not prevent the agency taking the volume targets into account. The Swedish Social Insurance Agency must obey the government. The exception to the obedience obligation is the protection of the administration's independence, which prohibits the Government influencing the Agency’s exercise of authority in individual cases. Decision on sickness benefit is exercise of authority. The government by issuing the letter influenced the exercise of authority regarding decisions on sickness benefits. However, the regulatory letter does not cover any particular case and therefore the Government has not exceeded its powers.
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