Kommunal verksamhet genom privaträttsliga subjekt
Sammanfattning: The legal rules and principles governing the outsourcing of municipal services to private actors is examined in this dissertation from constitutional, EU law and municipal law perspectives. This comprehensive analysis is carried out with the aim of giving a more complete portrayal of this area of law as developing and being influenced by a number of different legal sources, thereby becoming more fragmented and difficult to understand.An overall conclusion presented here is that the transfer of municipal services to private actors may jeopardise the procedural safeguards designed to strengthen the individual’s position in relation to public authorities. The national government imposes great responsibility on municipalities to fulfil public obligations in a number of different areas and the municipalities must contractually guarantee that activities transferred to private actors are conducted in accordance with applicable rules and principles. The substance of these contracts is therefore of upmost importance in order for a municipality to fulfil its responsibilities.The role of the legislator is not only to require or permit municipalities to expose their activities to competition but also to maintain good administration when executing public authority, both within and outside the public organisation. Clarifying and reinforcing the public nature of administrative tasks transferred to private actors is therefore essential. Furthermore, Sweden’s EU membership in combination with the extensive privatisation of public activities that has occurred during recent decades implies that there is need for a greater awareness of what constitutes public activities. In this respect, developing criteria similar to those established by the Court of Justice of the European Union, placing focus on the function of the activity performed rather than the subject performing it, could also be a way for Sweden to determine what is to constitute public activity.
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