Om möjligheten att köpa sig fri - En analys av konflikten mellan Europakonventionen och svensk processrätt

Sammanfattning: Human rights are fundamental rights that every individual should be guaran-teed. This is ensured by, among other things, the European Convention. In Sweden, not only has the European Convention been ratified, but it has also been adopted as law. Sometimes conflicts arise between legal rules in the application of the law. This essay aims to analyze the conflict between art. 13 of the European Con-vention and Swedish procedural law, specifically the rules regarding consession in dispositive disputes. The interests that collide are the right for a person who claims that a violation has occurred to have their case tried before an effective legal remedy and the principle of disposition, which is a fundamental element in Swedish procedural law. The analysis of this conflict has been made based on a case that was recently handled in the Kristianstad district court, “Olivia vs. Region Skåne. The court concluded that one should refrain from applying procedural rules and give priority to the European Convention, with reference to “Flygbolagets medgivande” and the European Convention as lex superior. The essay demonstrates that precedents such as “Flygbolagets medgivande” and “Olivia vs. Region Skåne” significantly interfere with the principle of disposition. It is unclear what consequences this will have for Swedish procedural law, but it is certain that a thorough analysis of the legal situation is needed. Regarding “Olivia vs. Region Skåne”, the conclusion is that it should not be the defendant who bears the consequences in this case. If it were essential for Olivia to have a substantive review, she could have achieved this trough a different procedure and thus she has gained access to an effective legal remedy.