Effektivitetsprincipen i offentlig förvaltning: en komparativrättslig studie med särskild fokus på handläggningstider och dröjsmål vid ärendehandläggning i svensk och norsk rätt
2019 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE credits
Student thesis
Abstract [en]
Public administration plays a major role in some countries that benefits citizens and government. Therefore, the government needs to uphold a standard of effectiveness in public administration. Research has been done in effectiveness in public administration in individual countries with limited research on certain aspects. However, not much research has been done on effectiveness of public administration which is linked to case management in Scandinavian countries. In the Swedish Administration Act, an efficiency principle has been incorporated which provides an opportunity for the delay in the case of delayed processing. At present there is no such opportunity in Norway.
Aim to clarify what protection there is for individuals against delay in case management in Swedish and Norwegian law and whether this is consistent with the international commitments to which the countries are bound, primarily the principle of efficiency. The purpose is therefore to clarify what applies in each country, and to compare protection in both countries and whether this is compatible with international law, primarily the European Convention and EU law. Two methods have been used: the legal dogmatic and the comparative method.
The result indicates that there is clearly that both countries tried to reduce resources in administrative case management by simplifying the rule. But this is not closed to meeting the requirement for efficiency in case management. Imposing penalties for case handling are not enough if there is no effective remedy that can uphold international law. Consequently, the delay speech without effective remedies will not lead to any major changes in practice in Swedish law. Norway is in the process of reviewing its provisions. This study is expected to draw attention to international law that is linked to public administration.
Place, publisher, year, edition, pages
2019. , p. 42
Keywords [en]
public law, the right to trial within a reasonable time, administration act, the right to effective remedies, the violation of convention, principle of efficiency in administration act
National Category
Law
Identifiers
URN: urn:nbn:se:sh:diva-41744OAI: oai:DiVA.org:sh-41744DiVA, id: diva2:1461900
Subject / course
Public Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
2020-08-282020-08-272020-08-28Bibliographically approved