Rättsliga ramar för gränsöverskridande samarbete. Förvaltningsmyndigheters internationella avtalsförhållanden

Detta är en avhandling från Juristförlaget i Lund

Sammanfattning: When Swedish administrative authorities co-operate with foreign administrative authorities, this may give rise to legally complex situations. This thesis investigates legal frameworks to solve the ensuing problems. The investigation in particular deals with binding agreements concluded by Swedish state authorities and municipalities with corresponding types of foreign public bodies. By the conclusion of such agreements more than one legal system may be involved. This thesis deals with Swedish national law and public international law. A question for this thesis is to what extent it is possible for a Swedish administrative authority to regulate cooperation by means of a binding agreement. The answer to this question is that the possibilities are relatively good, if and when the agreements in questions are not subject to the provisions in the Swedish Constitution - in chapter 10 of the Instrument of Government - on international agreements. These provisions are applicable to binding agreements under public international law and possibly also to certain agreements regulated by rules of other legal systems. Another main question for this thesis is which terms may be included in cross-border co-operation agreements. Swedish law sets up limits on the matters for which public authorities may enter into cross-border agreements. These limits affect agreements concerning matters of foreign policy or concerning the transfer of the right of decision-making to non-Swedish authorities. In addition to these two central questions, this thesis also deals with a number of others, mainly questions concerning choice of a legal system regulating a cross-border agreement and legal effects of ultra vires agreements.

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