Förvaltningsorgan under parlamenten i Norden

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Abstract

In a Western European system based on a traditional separation of powers, public administration is as a rule organised under the Government (or Cabinet), as part of the Executive. In addition to this kind of state authorities, the Nordic countries feature a number of administrative bodies attached to the Parliaments. This category includes Parliamentary Ombudsmen, National Banks, and National Audit Authorities, as well as a number of other state organs. These bodies could either be formally organised as administrative bodies under the Parliament, or organised in some other legal form, but with the members of the body appointed by the Parliament. The chapter investigates the position and tasks of such parliamentary administrative bodies in the Nordic countries in relation to the different national traditions concerning constitutional separation of powers. It discusses arguments for and against organising parts of public administration in this way. Furthermore, it highlights legal problems concerning steering, accountability, and judicial control in relation to such parliamentary administrative organs. The study indicates that the views on organising administrative authorities attached to the parliaments differ between the East-Nordic and West-Nordic constitutional systems, as identified in previous comparative legal research. The Eastern constitutional systems (in Finland and Sweden) seemingly do not find public administration organised under the Riksdag problematic, and especially Sweden has a number of boards organised under the Riksdag. Contrastingly, the Western systems of Denmark, Iceland, and Norway adhere more strictly to a tripartite separation of powers. Still, Denmark displays a certain openness to letting the Folketing appoint members in boards and other organs. There are no signs that the use of administrative bodies attached to the Parliaments has created problems concerning legal certainty and judicial protection, transparency, or other rule of law aspects. The common feature for this kind of parliamentary administrative bodies is that they constitute democratically legitimate, but at the same time independent public bodies.
Original languageSwedish
Title of host publicationFörvaltning och rättssäkerhet i Norden
Subtitle of host publicationUtveckling, utmaningar och framtidsutsikter
EditorsSebastian Godenhjelm, Eija Mäkinen, Matti Niemivuo
Place of PublicationHelsingfors
PublisherSvenska litteratursällskapet i Finland
Pages35-62
Number of pages28
ISBN (Electronic)978-951-583-566-6, 978-951-583-567-3
ISBN (Print)978-951-583-558-1, 978-91-985487-9-2
Publication statusPublished - 2022

Publication series

NameSkrifter utgivna av Svenska litteratursällskapet i Finland
Number864

Subject classification (UKÄ)

  • Law

Free keywords

  • Administrative law
  • Constitutional law
  • Separation of powers

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