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[Sweden] Rule of law in the digital age: legal landscape for public digitalisation
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-2768-9149
2024 (English)In: Public Digitali­sation in a legal perspective: status, challenges and opportunities for Nordic-Baltic cooperation, Copenhagen: Nordic Council of Ministers , 2024, p. 231-282Chapter in book (Other academic)
Abstract [en]

This chapter examines the Swedish administrative model in the context of digitalisation and automation of tasks and decision-making, from a rule of law perspective. Against the background of ambitious national political ambitions to leverage technologies for enhancing the functions of public authorities, the chapter explores some distinctive aspects of the Swedish regulatory strategy toward digitalisation – emphasising its predominantly technology-neutral stance. This implies a somewhat restrained purpose-specific and direct regulatory impact on digitalisation initiatives and specific procedural safeguards for administrative matters influenced by digitisation or automation. However, the chapter also contends that there is a discernible shift towards an increased level of national regulatory initiatives and control, often aimed at reducing legal obstacles to digitalisation and automation. The chapter also highlights, as a second typical feature of the Swedish approach to public digitalisation, that the relatively strong independence of the government as well as municipal authorities in relation to central government has probable explanatory value for why national public digitisation initiatives are often initiated and prioritised at authority level rather than through political or regulatory governance. This independence is a probable factor contributing to cross-agency collaborations, which not only aim to facilitate implementation but also seek to clarify the boundaries of the governing regulatory frameworks. It concludes that the multifaceted challenges posed by technology to maintaining the rule of law in public administration require diligent oversight, collaborative initiatives, and the exchange of knowledge to effectively tackle common issues.

Place, publisher, year, edition, pages
Copenhagen: Nordic Council of Ministers , 2024. p. 231-282
Series
TemaNord, ISSN 0908-6692 ; 2024:503
Keywords [en]
Digitalisation, automation, artificial intelligence, rule of law, public administration
National Category
Other Legal Research Criminology Law (excluding Law and Society)
Research subject
Law
Identifiers
URN: urn:nbn:se:umu:diva-224305DOI: 10.6027/temanord2024-503ISBN: 978-92-893-7785-0 (electronic)ISBN: 978-92-893-7786-7 (electronic)OAI: oai:DiVA.org:umu-224305DiVA, id: diva2:1857463
Funder
Swedish Research Council, 2020-02278Available from: 2024-05-13 Created: 2024-05-13 Last updated: 2025-02-20Bibliographically approved

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CiteExportLink to record
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Cite
Citation style
  • apa
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Language
  • de-DE
  • en-GB
  • en-US
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  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
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Output format
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  • text
  • asciidoc
  • rtf