The Swedish legal landscape has undergone significant changes in the past decades. Europeanisation and globalisation have opened the door to legal norms enacted outside Swedish boarders and Swedish jurists today deal with rules, regulations and principles from the EU, the Council of Europe and many other international organisations.
The question discussed in the seminar is how this has affected Swedish legal method. The point of departure is taken in three elements having been identified as relevant to the development of Swedish legal method; Scandinavian legal realism, the doctrine of parliamentary sovereignty and the issue of judicial review. This is contrasted with elements identified as effects of Europeanization and globalisation, namely the emphasising of individual rights and mechanisms of private enforcement and a pluralisation of law, regarding both the content of the legal sources and their hierarchies. The development has placed the courts in the position where they may even pick and chose between legal norms to apply from a complex web of norms, as illustrated in the Swedish Ne bis in idem-saga from last year. This calls for the development of a more transparent and stringent method in the adjudication of legal matters within the Europeanised or globalised area. Jane Reichel är universitetslektor i förvaltningsrätt vid juridiska institutionen, Uppsala universitetet.
Talare: Jane Reichel, universitetslektor, Uppsala universitet
Plats: Fakultetsrummet, plan 8, 12.30-14.00 (Obs! tiden)