Talerätt i miljömål: Särskilt om vattenrättsliga ansökningsmål samt om talan rörande allmänna intressen
1999 (Swedish)Doctoral thesis, monograph (Other academic)
The aim of this thesis is to shed light on the issue of legal standing in environmental law, with a particular focus on the relationship between the status of sakägare and standing, especially where public interests are concerned.
The first part of the thesis contains a survey of the development of environmental law in the history of Swedish law. The development is viewed in the light of social conditions and the political and economic ideas prevailing from time to time.
In the second part the question of which, if any, prerequisites must be met to be able to participate as a party in a permit case before the Water Court is discussed and analysed. The study shows that the way in which the courtsconduct a test on standing de lege lata is not coherent with the purposes and aims that such a test is supposed to satisfy, The author therefore suggests that the institution of sakägare should no longer be of relevance to the issue of standing. In fact, the suggestion is made that there is no need for a special test on standing.
The third part of the thesis deals with the issue of standing in relation to public interests. Arguments for and against free standing and a right to appeal on behalf of public interests are weighed against each other. The conclusion drawn is that it would strengthen protection of the public interest in environmental law if private citizens and their organisations were given a broader opportunity to act legally as representatives for that public interest.
Place, publisher, year, edition, pages
Uppsala: Acta Universitatis Upsaliensis , 1999. , 598 p.
Skrifter från Juridiska fakulteten i Uppsala, ISSN 0282-2040 ; 71
IdentifiersURN: urn:nbn:se:uu:diva-1114ISBN: 91-7678-420-7OAI: oai:DiVA.org:uu-1114DiVA: diva2:160660
1999-05-25, universitetets lärosal IX, Uppsala universitet, Uppsala, 13:15 (English)