Advanced

Förvaltningsdomstols utredningsansvar vid mål om tvångsvård av barn

Hamlin, Anders (2008)
Department of Law
Abstract
The proceeding in Swedish public administrative courts is regulated by the förvaltningsprocesslag (law of administrative proceeding). According to the 8 § in this law the court shall investigate a case by its nature. This paragraph gives the public administrative courts a duty to investigate their cases. The same paragraph declares that when necessary, the court notifies how the investigation should be complemented. The text of the paragraph does not describe the necessary considerations when determining a case´s nature, or determining when a court should notify how the investigation should be complemented. The importance to know the meaning of this regulation is significant in statutory care proceedings concerning children, which is the... (More)
The proceeding in Swedish public administrative courts is regulated by the förvaltningsprocesslag (law of administrative proceeding). According to the 8 § in this law the court shall investigate a case by its nature. This paragraph gives the public administrative courts a duty to investigate their cases. The same paragraph declares that when necessary, the court notifies how the investigation should be complemented. The text of the paragraph does not describe the necessary considerations when determining a case´s nature, or determining when a court should notify how the investigation should be complemented. The importance to know the meaning of this regulation is significant in statutory care proceedings concerning children, which is the subject of this graduate thesis. The purpose of the thesis is to determine administrative court´s duty to investigate a case concerning statutory care of children. Referring to the conducted analysis, a conclusion is that an administrative court should be responsible of acting actively in order to make sure that the investigation in a case concerning statutory care of children does not become insufficient. The support for this conclusion can be found in the objective to reach a material correct decision which is mentioned in all examined sources of law. Through striving towards a material correct decision, the purpose of the law that is under the courts examination can be provided. Court practice shows that the activity of a court is particularly demanded when it comes to legislation which purpose is to protect individuals. Furthermore, the law of statutory care of children contains special paragraphs that mention what must be investigated and concluded, to reach a material correct decision when applying the law. This thesis consists of four parts. The first part, chapter 3, examines available law sources concerning administrative court´s general duty to investigate a case. The purpose of this part is to find a general standpoint for a discussion about the court´s duty in cases about statutory care of children. The second part, chapter 4, examines the material regulation of statutory care of children. The main purpose of this part is to see what is to be fulfilled for applying the rules of statutory care and to show the specific elements in a case about statutory care of children. The third part, chapter 5, shows how an administrative court can act for the investigation in a case about statutory care of children. The study in this part consists of three summarized interviews with people who have taken the role as the administrative court in a proceeding about statutory care of children. The fourth part, chapter 6, analyses the administrative court´s obligation to investigate a case about statutory care of children. The method that is used for the analysis of this thesis is ''legal''. This means that consideration has been taken to the hierarchy of the examined sources of law. The purpose of this thesis and the characteristic of the sources that where to be analyzed motivated the use of this method. (Less)
Please use this url to cite or link to this publication:
author
Hamlin, Anders
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Förvaltningsrätt, Processrätt, Socialrätt
language
Swedish
id
1558084
date added to LUP
2010-03-08 15:55:22
date last changed
2010-03-08 15:55:22
@misc{1558084,
  abstract     = {The proceeding in Swedish public administrative courts is regulated by the förvaltningsprocesslag (law of administrative proceeding). According to the 8 § in this law the court shall investigate a case by its nature. This paragraph gives the public administrative courts a duty to investigate their cases. The same paragraph declares that when necessary, the court notifies how the investigation should be complemented. The text of the paragraph does not describe the necessary considerations when determining a case´s nature, or determining when a court should notify how the investigation should be complemented. The importance to know the meaning of this regulation is significant in statutory care proceedings concerning children, which is the subject of this graduate thesis. The purpose of the thesis is to determine administrative court´s duty to investigate a case concerning statutory care of children. Referring to the conducted analysis, a conclusion is that an administrative court should be responsible of acting actively in order to make sure that the investigation in a case concerning statutory care of children does not become insufficient. The support for this conclusion can be found in the objective to reach a material correct decision which is mentioned in all examined sources of law. Through striving towards a material correct decision, the purpose of the law that is under the courts examination can be provided. Court practice shows that the activity of a court is particularly demanded when it comes to legislation which purpose is to protect individuals. Furthermore, the law of statutory care of children contains special paragraphs that mention what must be investigated and concluded, to reach a material correct decision when applying the law. This thesis consists of four parts. The first part, chapter 3, examines available law sources concerning administrative court´s general duty to investigate a case. The purpose of this part is to find a general standpoint for a discussion about the court´s duty in cases about statutory care of children. The second part, chapter 4, examines the material regulation of statutory care of children. The main purpose of this part is to see what is to be fulfilled for applying the rules of statutory care and to show the specific elements in a case about statutory care of children. The third part, chapter 5, shows how an administrative court can act for the investigation in a case about statutory care of children. The study in this part consists of three summarized interviews with people who have taken the role as the administrative court in a proceeding about statutory care of children. The fourth part, chapter 6, analyses the administrative court´s obligation to investigate a case about statutory care of children. The method that is used for the analysis of this thesis is ''legal''. This means that consideration has been taken to the hierarchy of the examined sources of law. The purpose of this thesis and the characteristic of the sources that where to be analyzed motivated the use of this method.},
  author       = {Hamlin, Anders},
  keyword      = {Förvaltningsrätt,Processrätt,Socialrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Förvaltningsdomstols utredningsansvar vid mål om tvångsvård av barn},
  year         = {2008},
}