Parallel and Conflicting Enforcement of Law
There is a clear trend that public law norms are having an increasing influence within the private law sphere. An obvious reason for this is the internationalisation of law, which may be illustrated by the effects of the Swedish membership in the EU. Norms with cross-over effects within different fields of law create new openings for parallel application. The project is founded on the thesis that the idea of uniformity of law, which has been basic during the 20th century, must change when law is subject to "the post modern society". The development may lead to new strategies for avoiding conflicting decisions or to the abandonment of the strive for uniformity. One purpose is to test the instruments which have been developed in Swedish law upon the problems which emerges in parallel application concerning different legal and/or court orders. The need for solutions is greatest in respect of parallel application in the context of ordinary courts and administrative courts and in the context of Sweden and EU.
The purpose of the project is to describe the idea behind the strive for uniform application of law. The problems attached to parallel application concern the fact that uniformity is considered to be an important value. Since the development of society seems to make it more and more difficult to attain uniformity, it is within the scope of the purpose, besides analysing instruments for attaining uniformity, to evaluate the idea of uniformity and propose modifications or alternatives.
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