Kommunala självstyrelsens inverkan på efterlevnaden av sociala rättigheter : Om enskildas rättssäkerhet i socialtjänsten

Sammanfattning: The purpose of this thesis is to enlighten and discuss how local self-government can be balanced against the compliance of individuals’ social rights within social services. To fulfill this, a legal analytical method is applied with the specific aspects of rule of law. Tree questions were asked to fulfill the purpose. Which factors affect the compliance with rule of law, inter alia, the legal certainty for individuals, in the exercise of municipal public authority? Which meaning does the principle of local self-government have concerning social services? How does welfare challenges affect the local self-government? The examination shows that four factors affect the compliance with rule of law at the cost of the legal certainty of individuals. Firstly, there are the characteristics of social rights, expressed in law as an adequate standard of living. Therefore, individuals depend on the municipal authorities to allocate public funds. This is because of the second factor, the extensive decentralization as a part of the Swedish model of government administration, including the principle of local self-government. The third and fourth factors are the framework law, and the municipalities' lack to observe and administer good governance and other procedural safeguards. This constitutes the core problems for the operations to comply with the rule of law. Hence, individuals suffer insecurity before the law, threatening the core of the state governed by law. Furthermore, the findings show that the legislative parliament holds the power to determine the extent of local self-government. Moreover, the welfare administration restricts the principle of local self-government. Therefore the municipalities merely have autonomy in their performance, as an extension of the government. However, the government holds an interest in a uniform application of law as a part of its international and constitutional commitments. This is further magnified by the welfare challenges. In the light of the presentet findings the purpouse can be answered in the following way. Local self-government can, and even ought to, be restricted as a balance towards the compliance of individuals’ social rights within social services.