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Portrait of Henrik Wenander. Photo.

Henrik Wenander

Dean

Portrait of Henrik Wenander. Photo.

The Treatment of Foreign Administrative Decisions in Swedish Law : Acceptance in Legislation, Limited Elaboration in Case Law

Author

  • Henrik Wenander

Summary, in English

Under various forms of international cooperation, especially EU law, Swedish authorities are obliged to recognize foreign administrative decisions. The point of departure under Swedish law is that foreign administrative decisions have no legal status as such, but need to be recognized in Swedish law. In Swedish legal discourse, it is clear that foreign decisions are regarded as matters of ‘law’ and not only ‘facts’. There is some scope for Swedish authorities to review the foreign decision in relation to public international law, EU law, or Swedish constitutional law. However, this kind of review is seemingly unusual, as there are no clear examples in the case law of the Swedish courts of precedent. The overall picture is that Swedish law has accepted the recognition regimes without controversies. This may be explained by the Swedish legal culture, with its focus on written law, adopted by the democratically legitimate legislator.

Department/s

  • Department of Law

Publishing year

2025

Language

English

Pages

97-114

Publication/Series

European Public Law

Volume

31

Issue

1

Document type

Journal article

Publisher

Kluwer Law International

Topic

  • Law

Keywords

  • Administrative law
  • Förvaltningsrätt

Status

Published

ISBN/ISSN/Other

  • ISSN: 1354-3725