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Styrning av miljötillsynen – reformbehov och förslag i ljuset av den förvaltningspolitiska utvecklingen
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2016 (Swedish)In: Nordisk miljörättslig tidskrift, ISSN 2000-4273, E-ISSN 2000-4273, Vol. 3, p. 23-55Article in journal (Refereed) Published
Abstract [en]

The article investigates the topic of state control over a decentralized administration. The environmental regulation carried out by local and regional administrative bodies is fundamental in Swedish environmental management. At the same time it has continuously been subject of criticism and calls for stronger regulation and control from the central government and administration. This article contains a critical analysis of currently discussed suggestions for such central regulation and control, in light of the general development and topical debate on state steering after New Public Management. It is argued that the development of decentralized and goal steered administration suits regulation in environmental matters well, and that this parallels environmental management theories on socio-ecological resilience, ecosystem approach and sustainable development. Centralization and detail regulation of environmental management should therefore be avoided, and detailed regulation of how an environmental regulator should organize, prioritize and carry out their administrative duties is not appropriate. It is also argued that measures or models for stronger central steering and control over the administration must be relevant in view of the problems observed. They should moreover be appropriate in respect of constitutional functions and principles, and in light of the critique and experiences from the development of New Public Management. Thus, suggestions to regulate minimum standards for the organisation of regulatory bodies, such as number and competence of staff relevantly meets the quite well founded critique of variations in resources around the country. Other critique against decentralized regulation is not very clear or specific, and often not supported by clear evidence. Therefore, suggestions to develop central review and assessment of the activities of the decentralized aministration are topical. We need to know more about how the administration works. It is nevertheless crucial to develop the system in awareness of the validity problems involved and to avoid excessive administrative burdens. The system must be developed so as to entail effective and qualitative review, in a constructive and communicative learning process that involves and utilises environmental inspectors and other operative professions appropriately. In discussion of steering and control of substantially correct application of law, and like treatment, a suggestion for a new organisation for guidance for operative regulators is discussed. The suggested organisation for cooperation and collection of the competence in the decentralised administration meets the need for better guidance and entails appropriate utilization and participation of the relevant professions. However, state control functions of central guidance can be lost. There is therefore a need to discuss supplementary measures to fill the function of state control for proper administration and realisation of state policy and responsibilities.

Place, publisher, year, edition, pages
2016. Vol. 3, p. 23-55
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-316391OAI: oai:DiVA.org:uu-316391DiVA, id: diva2:1077785
Available from: 2017-03-01 Created: 2017-03-01 Last updated: 2017-11-29Bibliographically approved

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CiteExportLink to record
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Citation style
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