scholarly journals Sweden: Non-binding Rules against the Pandemic – Formalism, Pragmatism and Some Legal Realism

2021 ◽  
Vol 12 (1) ◽  
pp. 127-142
Author(s):  
Henrik WENANDER
Keyword(s):  
Public Health ◽  
Legal Protection ◽  
Health Agency ◽  
Case Law ◽  
Administrative Law ◽  
Soft Law ◽  
Legal Realism ◽  
The Public ◽  
Legal Perspective ◽  
Substantial Extent

Swedish measures to fight the spread of COVID-19 differ from the strategies used in other comparable countries. In contrast to the lockdown approach that has been applied in many European countries, the Swedish strategy has been based to a substantial extent on individuals taking responsibility under non-binding recommendations. This contribution explores the Swedish strategy from a constitutional and administrative law perspective, highlighting the tension between the formalist system for delegating norms under the Swedish Constitution and the pragmatic use of non-binding rules such as the “General Recommendations” adopted by the Public Health Agency. The article concludes that the official use of soft law instruments is confusing from a legal perspective, because non-binding rules do not offer the traditional formal mechanisms for legal protection, the publication of norms or accountability. The legal-realist approach of the Supreme Administrative Court’s case law, however, has the potential of balancing some of the unfortunate effects arising from the Swedish combination of formalism and pragmatism.

Developmental Disorders in Canada

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Sarah Palmeter
Keyword(s):  
Public Health ◽  
Developmental Disorders ◽  
Health Agency ◽  
The Public ◽  
Age Of Diagnosis ◽  
High Level ◽  
Project Objectives ◽  
Disability Severity ◽  
Occupational Function ◽  
Improve Health

In the completion of my practicum at the Public Health Agency of Canada (PHAC) this summer, I worked to develop a surveillance knowledge product to support the national surveillance of developmental disorders. This project used Statistics Canada’s 2017 Canadian Survey on Disability to investigate the burden of developmental disorders in Canada. Developmental disorders are conditions with onset in the developmental period. They are associated with developmental deficits and impairments of personal, social, academic, and occupational function. The project objectives are to estimate the prevalence of developmental disorders in Canadians 15 years of age or older, overall and by age and sex, as well as report on the age of diagnosis, disability severity, and disability co-occurrence in those with developmental disorders. The majority of the analysis has been completed and preliminary results completed, which cannot be released prior to PHAC publication. Although not highly prevalent, developmental disorders are associated with a high level of disability in young Canadians. Early detection and interventions have been shown to improve health and social outcomes among affected individuals. Understanding the burden of developmental disorders in Canada is essential to the development of public health policies and services.

The Public Health Crisis Survival Guide

2018 ◽  
Author(s):  
Joshua M. Sharfstein
Keyword(s):  
Public Health ◽  
Police Officers ◽  
Health Agency ◽  
Health Improvement ◽  
Strong Response ◽  
Popular Imagination ◽  
Health Crisis ◽  
The Public ◽  
Public Health Crisis ◽  
Critical Skills

Firefighters fight fires. Police officers race to crime scenes, sirens blaring. And health officials? Health officials respond to crises. There are infectious disease crises, budget crises, environmental health crises, human resources crises—and many more. At such critical moments, what happens next really matters. A strong response can generate greater credibility and authority for a health agency and its leadership, while a bungled response can lead to humiliation and even resignation. Health officials must be able to manage and communicate effectively as emotions run high, communities become engaged, politicians lean in, and journalists circle. In popular imagination, leaders intuitively rise to the challenge of a crisis: Either they have what it takes or they do not. In fact, preparation is invaluable, and critical skills can be learned and practiced. Students and health officials alike can prepare not only to avoid catastrophe during crises, but to take advantage of new opportunities for health improvement. The Public Health Crisis Survival Guide provides historical perspective, managerial insight, and strategic guidance to help health officials at all levels not just survive but thrive in the most challenging of times.

The Lavish Corporate Hospitality: The Lawful and Unlawful Interaction of Public Officials and Private Sector Actors — Law and the Court Praxis in Finland

2013 ◽  
Vol 21 (1) ◽  
pp. 59-84
Author(s):  
Johanna Peurala
Keyword(s):  
Public Sector ◽  
Public Relations ◽  
Private Sector ◽  
Case Law ◽  
Criminal Code ◽  
Soft Law ◽  
Business Sector ◽  
Public Officials ◽  
The Public ◽  
Clear Cut

Public officials can be offered hospitality, excursions, seminars or different kinds of benefits by the business sector. These kinds of benefits can be seen to be a customary practice or the management of public relations. Finnish law does not give any clear-cut answers when a certain benefit can be seen as lawful (as a gift) or unlawful (as a bribe). The aim of this research is to clarify, based on the Finnish Criminal Code, by Finnish case law, as well as soft law instruments, the thin line between unlawful and lawful benefits in this business–public sector interaction. The article also discusses the concept of the management of public relations which the Finnish courts have mentioned as the factor that can justify the benefits given to the public officials by business sector.

scholarly journals A guideline on how to synthesize knowledge by reviews at the Public Health Agency of Sweden

2016 ◽  
Vol 26 (suppl_1) ◽  
Author(s):  
A Månsdotter ◽  
K Godoy ◽  
K Guldbrandsson ◽  
R Henriksson ◽  
S Löfdahl ◽  
...  
Keyword(s):  
Public Health ◽  
Health Agency ◽  
Public Health Agency ◽  
The Public

Public Enforcement of EU Antitrust Law: A Circle of Trust?

2019 ◽  
Vol 12 (1) ◽  
pp. 127-154
Author(s):  
Naida Dzino ◽  
Catalin S. Rusu
Keyword(s):  
Institutional Design ◽  
Building Blocks ◽  
Case Law ◽  
Soft Law ◽  
Antitrust Enforcement ◽  
Public Enforcement ◽  
The Public ◽  
Core Elements ◽  
Multi Level ◽  
The Eu

The concept of trust is key to effectively enforcing the EU antitrust prohibitions in the ECN multi-level administration context. The manifestation of this concept is identified at different stages of the public enforcement system, where the Commission and the NCAs share the enforcement workload and assist each other's actions. Various EU legislative, soft-law and case-law landmarks have progressively contributed to developing this idea of trust, culminating with the adoption of Directive 2019/1, which aims to render NCAs as more effective enforcers of Articles 101 and 102 TFEU. In this paper, we intend to determine whether the Directive furthers the trust already established in the last fifteen years of enforcement experience. We first track the development of the trust in the NCAs' EU antitrust enforcement work and assesses the building-blocks on which trust is shaped. Next, we evaluate the Directive's core elements (dealing with institutional design, enforcement and sanctioning powers, leniency, mutual assistance, etc.), in order to gauge their trust-enhancing potential, and to test whether the Directive correctly follows through the EU hard-, soft-, and case-law. We also look into any remaining enforcement gaps, which may undermine the trust between the European antitrust enforcers, and consequently the Directive's core objectives.

scholarly journals Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

2015 ◽  
Vol 38 (2) ◽  
pp. 52-59
Author(s):  
Niina Mäntylä ◽  
Laura Perttola ◽  
Kristian Siikavirta
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Soft Law ◽  
Eu Law ◽  
Public Governance ◽  
The Public ◽  
The Individual ◽  
Changing Role

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

scholarly journals Large outbreak of tularaemia, central Sweden, July to September 2019

2019 ◽  
Vol 24 (42) ◽  
Author(s):  
Rikard Dryselius ◽  
Marika Hjertqvist ◽  
Signar Mäkitalo ◽  
Anders Lindblom ◽  
Tobias Lilja ◽  
...  
Keyword(s):  
Public Health ◽  
Health Agency ◽  
Public Health Agency ◽  
The Public ◽  
Large Outbreak

On 31 of July 2019, the Public Health Agency of Sweden was alerted about an increasing number of tularaemia cases in Gävleborg, a county in central Sweden. The number of cases increased thereafter peaking at about 150 reports of illnesses every week. As at 6 October, a total of 979 cases (734 laboratory-confirmed) have been reported, mainly from counties in central Sweden. The outbreak is now considered over (as at 14 October).

scholarly journals Between worst and best: developing criteria to identify promising practices in health promotion and disease prevention for the Canadian Best Practices Portal

2017 ◽  
Vol 37 (11) ◽  
pp. 386-392 ◽  
Author(s):  
Nadia Fazal ◽  
Suzanne F. Jackson ◽  
Katy Wong ◽  
Jennifer Yessis ◽  
Nina Jetha
Keyword(s):  
Public Health ◽  
Health Promotion ◽  
Chronic Disease ◽  
Best Practices ◽  
Disease Prevention ◽  
Health Agency ◽  
Chronic Disease Prevention ◽  
Promising Practices ◽  
Screening Criteria ◽  
The Public

Introduction In health promotion and chronic disease prevention, both best and promising practices can provide critical insights into what works for enhancing the healthrelated outcomes of individuals and communities, and how/why these practices work in different situations and contexts. Methods The promising practices criteria were developed using the Public Health Agency of Canada’s (PHAC’s) existing best practices criteria as the foundation. They were modified and pilot tested (three rounds) using published interventions. Theoretical and methodological issues and challenges were resolved via consultation and in-depth discussions with a working group. Results The team established a set of promising practices criteria, which differentiated from the best practices criteria via six specific measures. Conclusion While a number of complex challenges emerged in the development of these criteria, they were thoroughly discussed, debated and resolved. The Canadian Best Practices Portal’s screening criteria allow one to screen for both best and promising practices in the fields of public health, health promotion, chronic disease prevention, and potentially beyond.

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