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Förvaltningsrättsliga aspekter antagningssystemet för universitet och högskola

Sköld, Patrik (2008)
Department of Law
Abstract
Information technology is in common use in our society and has affected government offices around the world and in Sweden as well. This has created a whole new form of administration that uses computerised aid in handling areas that generate a big amount of cases. Earlier examples of this within the Swedish administration is the tax authority's tax return through the Internet or by SMS and the Swedish National Board of Students aid webpage that has taken over most of the handling in its area. The latest area to transfer its old system to a new centralised and computerised system is the admission to university studies. This system is called NyA. This system has only been used to full extent once which was the admission for the spring term... (More)
Information technology is in common use in our society and has affected government offices around the world and in Sweden as well. This has created a whole new form of administration that uses computerised aid in handling areas that generate a big amount of cases. Earlier examples of this within the Swedish administration is the tax authority's tax return through the Internet or by SMS and the Swedish National Board of Students aid webpage that has taken over most of the handling in its area. The latest area to transfer its old system to a new centralised and computerised system is the admission to university studies. This system is called NyA. This system has only been used to full extent once which was the admission for the spring term 2008. When the system has been in use there occurred events that raised some questions regarding the way that the system manages information when it handles public power. The admission process exercises authority and because of that it has strong connections to principles of administrative law that should be followed by the authorities involved in the admission process. The chain from application to decision comprises interplay of cooperation between NyA and the universities (a total of 36). After a decision not to admit an applicant there is a possibility to appeal to the university and after a negative decision by the university a second and last possibility to appeal to the appeal committee for the universities. The questions regarding the way information was managed by NyA were raised by the admissions committee at Lund University which experienced that the system and its belonging parts sometimes provided defective information or no information at all. Different reasons has been given for this and among them are the fact that the system erases an old application if there is one made at a later stage in the process. One other problem of serious concern is that the information central called ''contact - center'' doesn't document their conversations with applicants. This thesis examines which principles of administrative law that the system should follow and how well it actually manages to do so. The thesis starts out with establishing that the admissions process is a process that exercises authority and that it is an example of automation of law. Furthermore it is established which principles of administrative law that the system should follow. The most important ones are the principle of objectivity and administrative rules of how to manage information and the duty of service. Then the thesis has used protocols from the admissions committee at Lund University. These protocols concern the appeals that the committee receives. The protocols have been used to construct the most common reasons for appeal. These reasons of appeal indicate that there are some problems with the principles of administrative law within the admission process. The problems are being analysed in the final chapter and shows a row of concerns within the admission process regarding rule of law since the principles aren't followed at its best. These problems are not big to their extent and not decisive of the activity but contain important questions of principle. This thesis can hopefully contribute to a discussion regarding how principles of administrative law are implemented in NyA and future systems of the same kind. (Less)
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author
Sköld, Patrik
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Förvaltningsrätt
language
Swedish
id
1562028
date added to LUP
2010-03-08 15:55:29
date last changed
2010-03-08 15:55:29
@misc{1562028,
  abstract     = {Information technology is in common use in our society and has affected government offices around the world and in Sweden as well. This has created a whole new form of administration that uses computerised aid in handling areas that generate a big amount of cases. Earlier examples of this within the Swedish administration is the tax authority's tax return through the Internet or by SMS and the Swedish National Board of Students aid webpage that has taken over most of the handling in its area. The latest area to transfer its old system to a new centralised and computerised system is the admission to university studies. This system is called NyA. This system has only been used to full extent once which was the admission for the spring term 2008. When the system has been in use there occurred events that raised some questions regarding the way that the system manages information when it handles public power. The admission process exercises authority and because of that it has strong connections to principles of administrative law that should be followed by the authorities involved in the admission process. The chain from application to decision comprises interplay of cooperation between NyA and the universities (a total of 36). After a decision not to admit an applicant there is a possibility to appeal to the university and after a negative decision by the university a second and last possibility to appeal to the appeal committee for the universities. The questions regarding the way information was managed by NyA were raised by the admissions committee at Lund University which experienced that the system and its belonging parts sometimes provided defective information or no information at all. Different reasons has been given for this and among them are the fact that the system erases an old application if there is one made at a later stage in the process. One other problem of serious concern is that the information central called ''contact - center'' doesn't document their conversations with applicants. This thesis examines which principles of administrative law that the system should follow and how well it actually manages to do so. The thesis starts out with establishing that the admissions process is a process that exercises authority and that it is an example of automation of law. Furthermore it is established which principles of administrative law that the system should follow. The most important ones are the principle of objectivity and administrative rules of how to manage information and the duty of service. Then the thesis has used protocols from the admissions committee at Lund University. These protocols concern the appeals that the committee receives. The protocols have been used to construct the most common reasons for appeal. These reasons of appeal indicate that there are some problems with the principles of administrative law within the admission process. The problems are being analysed in the final chapter and shows a row of concerns within the admission process regarding rule of law since the principles aren't followed at its best. These problems are not big to their extent and not decisive of the activity but contain important questions of principle. This thesis can hopefully contribute to a discussion regarding how principles of administrative law are implemented in NyA and future systems of the same kind.},
  author       = {Sköld, Patrik},
  keyword      = {Förvaltningsrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Förvaltningsrättsliga aspekter antagningssystemet för universitet och högskola},
  year         = {2008},
}