Kommunal delegation - särskilt inom socialrätten
Sammanfattning: This thesis deals with municipal delegation and in particular the excercise of authority over individuals within the field of social law. Said exercise of authority primarily concerns compulsive preventive detention and applications for compulsory care under LVU. The thesis consists of a descriptive part where the applicable law regarding municipal delegation is investigated. Concepts covered include enforcement, decision making, layperson governance (lekmannastyre), local self-government and the rule of law. The essay examines what the legislative history says about the design of the regulation concerning delegation. In the discussion this paper evaluates existing law and points to a number of interesting points. The results of the survey are analyzed, finally, with the help of a protocol for the investigation of formal legal security. 150 years ago all tasks in municipalities were performed by laypeople. As the municipalities responsibilities has grown and more stringent requirements have been placed on municipal decision-making, municipalities have increasingly become servant organizations. Despite the fact that the Swedish municipalities employ more than 1 million people there is almost no mention of municipal public servants in municipal law. Instead of legislating the employees’ tasks, the legislator has opted to let the servants perform their duties on delegation by the municipal committees. The law names the committees as the responsible decision makers in most cases. The reason for this construction is that Sweden has an important principle of local self-government. This means that municipalities should be free to form their own organizations to suite their own needs. The thesis has found that local self-government is a very strong principle. It makes the rules on delegation is very permissive. There are no formal requirements. In the area of authority against the individual, however, the regulations are stricter. Delegation is in this case not permitted. Compulsory voting prevails. A case of official authority against the individual under LVU must always be examined by the administrative court. The legal survey concludes that delegation rules are properly secure, among other things because it is the collective that makes decisions. The theory is that the more people who make decisions, the better legal certainty we have. But it would have been more certain if the legislator was elaborate on what legal certainty is.
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