Publikationer / Juridiska institutionen

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    The art of casting political dissent in law: The EU’S framework for the screening of foreign direct investment
    (Common Market Law Review 57: 1427–1460, 2020., 2020) Hindelang, Steffen; Moberg, Andreas
    This paper describes and analyses the EU Regulation establishing a framework for the screening of foreign direct investments (FDI) into the Union. The negotiations that preceded the adoption of the Regulation were characterized by greatly divergent views of Member States on the proper use of FDI screening. Under such conditions, the Regulation's framework for administrative cooperation and information sharing was as much as the Commission could hope for. The main challenge going forward lies in balancing the policy priorities of individual Member States in determining what constitutes a threat to security and public order, with the needs of the collective, that is the EU. In that respect, the indicative criteria set out in the Regulation may initiate a drive towards a rough consensus. While any ambition to fully harmonize FDI screening has now become only a long-term goal, this paper finds that the Regulation has established a nascent EU screening mechanism, albeit a well-camouflaged one.
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    Konstitutionell proportionalitet – en enkelriktad väg?
    (Jure Stockholm, 2024) Verde, Ellen
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    Promoting Gender Equality in Media Content: A Limitation or Extension of Freedom of Expression?
    (2023) Edström, Maria; Svensson, Eva-Maria
    Is promoting gender equality in media content a limitation or an extension of freedom of expression? This question addresses the complicated intertwining of two political values essential in a democratic system. Whereas freedom of expression has long been safeguarded in international and national legal instruments, gender equality was established as a human right more recently. Fulfilling the goal of gender equality in media content through regulation is often perceived as a limitation of freedom of expression by the media industry as well as policymakers. Both self-regulation and regulation through legislation are needed to achieve gender equality in media content when it comes to eliminating gender stereotypes and combating sexist hate speech. Measures to safeguard gender equality in the media should be understood as expanding freedom of expression. It demands a system that goes far beyond protecting the individual right to free speech and the right to freedom from discrimination.
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    The Judge Under Pressure: Fostering Objectivity by Abandoning the Myth of Dispassion
    (2022) Bladini, Moa; Bergman Blix, Stina; Department of Law / Juridiska institutionen
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    Autonomy and Beyond – Voluntariness in the Light of Lived Autonomy
    (2021) Svedberg Andersson, Wanna; Bladini, Moa; Juridiska institutionen
    In this article, we aim to introduce and discuss the use of an everyday life-based understanding of autonomy that recognises the fact that a person’s autonomy is constantly changing, rather than stuck in given categories. We call this understanding of autonomy lived autonomy and suggest it be used as an analytical tool in legal research. We use a flower to symbolise the lived aspect of autonomy to underline how autonomy is constantly changing and thus demonstrate that person’s autonomy is elastic. A person’s autonomy can be diminished or expanded over time due to relational, time and spatial boundaries, i.e., everyday life that consists of an endless variety of aspects. Inspired by Smith, we use the concept of everyday life perspective to capture the human being as a subject rooted in everyday life. In addition to Smith’s daily routines and activities, we add cognitive and bodily memories, as well as symbols, patterns, knowledge and experiences. These are aspects of everyday life that we use as active subjects to express, for example, will, desire and needs. These aspects, perceived as well as inherited and shared memories, knowledge and experiences, can also be obstacles to expressing our will, desire or need. The concept is described and developed with the new consent-based regulation of rape as an example, in particular in relation to the criterion of voluntariness. The article starts by placing the concept of autonomy in a broader context and introduces autonomy as a concept in philosophical and legal theory, followed by a feminist critique of the traditional liberal understanding of autonomy. Then, the everyday life perspective is introduced to develop the understanding of the concept, from the traditional one towards an everyday life-based understanding of autonomy, lived autonomy. As an example of how lived autonomy can be used as an analytical tool in legal research, we apply the concept in relation to the new requisite of voluntariness in the Swedish rape legislation that came into force July 2018. Additionally, the everyday life-based understanding of autonomy also has a communicative function, and as such, the concept serves as a link between the local context and at the same time as part of an international academic debate of one of the core issues of within legal scholarship. But also, as a link between law and reality in both local and global perspective.