General provisions

Determined on August 15, 1994 by the Teaching Committee of the Faculty of Law, Uppsala University, by virtue of Chapter 2 Section 6 of the Statute of Higher Education (högskolelagen) and Chapter 7 Section 6 of the Decree of Higher Education (högskoleförordningen).

The Course comprises 22 Swedish Credits or 33 ECTS Credits and is an obligatory course under the LL.M Programme held in accordance with the local Study Plan determined on December 11, 1991 by the Board of Directors of the Faculty of Law of Uppsala University.

Entry requirements

Admittance to the course requires a pass in four exams out of five from Terms 1-5 and in the course for which the student has not attained a pass, completion of the compulsory phases of the instruction. If special reasons exist, the board of exemption may grant exemption from the acceptance requirements.

Aims

A. General Goals

The course shall further develop the knowledge and proficiency acquired by the students during the previous terms in respect of legal technique and legal problem solving as well as oral and written work.

The instruction aims at

- Giving the students basic factual knowledge and develop and train their ability to explain, apply and analyse the central legal rules within the area.

- Develop an ability to independently analyse and evaluate legal methodical solutions and different standpoints in legal political questions.

In particular, attention shall be paid to the interplay of the national legal system and the international system of norms, such as the differences and similarities between the national rules in different states and the legal historical aspects.

B. The Subject Areas

1. General administrative law

Foremost, the following is studied:

- The structure of the Swedish public organisation, the organisation of the authorities, working forms and powers.

- The structural changes of the public sector's organisation and work conditions.

- Fundaments of administrative procedure.

- Supervision of the administration.

In this connection, special attention is paid to norm constraints in the public sector, the significance and legal effect of administrative law decisions, balancing between the right to legal security and the regard for effectiveness in administrative process as well as the shaping of the administrative supervision forms in a comparative developing (dynamic) perspective.

2. Law of Local Government

Foremost, the following is studied:

- The municipalities as public law subjects.

- The municipalities' power.

- The structure of municipal organisations.

- The supervision of municipalities.

Particular emphasis is on the self-government (autonomy) development and legal protection of the municipality, municipal organisations, their forms significance for democratic influence and citizen control, and the legal regulations concerning the relationship between state and municipality as well as the influence of internationalisation on local and regional administration.

3. The Principle of Public Access, The Rules of Ssecrecy (the Secrecy Act) and Data Legislation.

The instruction aims at giving the students an ability to exemplify, explain and apply rules on official documents, the duty of not divulging professional secret information, the classification of secrecy together with analysing and appraising the balances between the interests of the state and the private citizen in Swedish legislation and application in a comparative perspective.

4. Public Law

The purpose is to convey knowledge and understanding of the system of rules that apply to relationships between states and legal subjects, including the rights of international organisations. Such an understanding shall give the ability to place the conduct of states in a legal perspective within the international community and the ability to evaluate such conduct.

- The study of the legal position of public law in the world today.

- Sources in public law together with the relationship between public law and national law.

- Questions dealing with state territory, population and representation, the problems lying therein of jurisdiction, of immunity together with international protection for the human rights.

- International organisations, in particular the United Nations and its system for collective security.

Peaceful solutions of conflicts between states, the ban on the use of threat to or use of violence as well as the right to self-defence and the principle of non-intervention.

5. European Community Law

The purpose here is to convey knowledge and understanding of the Community's (EC's) efforts for integration of the general part of Community law. Such an understanding shall impart an ability to place Community law in a public as well as in a national law perspective also, in a legal political way, valuate these positions.

Foremost, the following is studied

- The goals of the Treaty of the European Union.

- The structure of the European Union.

- The institutions (especially the European Court of Justice) and their decision making process.

- The EC's competence, external and internal, the sharing of power between the EC and the member states.

- The nature of Community law and its relationship to national as well as public law.

- EC's external relations.

- EC's cooperation on security policy including cooperation regarding domestic politics and the judicial system.

6. International Private Law and International Procedural Law

Within this subject, the legal rules that decide how courts and other judicial authorities shall act in lawsuits and matters having an international character are studied. In connection to this, special attention is paid to:

- The competence of the Swedish courts and authorities to deal with cases and matters having a foreign connection.

- The choice of applicable law in conflicts/twists having foreign connection.

- The enforcement in Sweden of foreign rulings.

- The Conventions significance for co-operation for an international harmonised development of the rule system.

The instruction aims at giving the students an ability to understand the existence of questions concerning international private law, analysing them and finding solutions for the legal problems arising therein. The student shall also work on the methodological differences between autonomic national rules, based on legislature or by precedence, and rules that come about due to international co-operation.

C. Integrated Studies:

Starting with the issues in the national legal system the Swedish administrative law's substantive tenor shall be studied partly, and partly, how the content and interpretation of Swedish legal rules is amplified or substituted by public law rules and EC-rules as well as how international private law rules decide partly, the own state's qualification in international cases and partly, which legal order is to be applied in the concrete case.

The instructions aim at the student gaining the ability to understand, analyse and compare the Swedish administrative organisations' construction and function together with the shape and application of the substantive rules within the elected sectors of the administration. From a concrete problem, the students shall further be trained to draw conclusions on and appraise the rule system's working method and decision makers' situation from a legal and ethical point of view. The areas dealt with are

1. Environmental law

2. Social law

3. Police law

Content

The course comprises the following

- General Administrative Law

- Law of Local Government

- Special Administrative Law

- Public International Law

- European Community Law

- International Private and Procedural Law

Instruction

Instruction consists of lectures, study introductions, seminars, moot cases, supervision and other moments of practise according to the Study Plan and the List of Literature.

Instruction is based on preparations made by the students in base groups consisting of 4-6 members. In order to be permitted to sit for the exam, active participation in the preparations for the seminars, seminar exercises, study introductions, supervision, hypothetical cases and other practice moments are obligatory. The attendance requirement is specified in the Study Plan. In addition, the Director of the course may grant certain absence and decide on substitute tasks.

The Director of the course may decide on an individual exam, after special consideration.

Assessment

Examination takes place by means of a final written exam at the end of the course. There is a possibility to re-take the exam in accordance with special rules in the Study Plan. The Study Plan contains instructions concerning the material permitted at the examination and the grading system.