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Sveriges alkoholmonopol: Är det förenligt med EU-rätten?
Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School.
Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School.
2017 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
Swedens monopoly on alcohol : In accordance with EU-law? (English)
Abstract [en]

Sweden currently has two monopolies, one that regulates gambling and one that regulates

trade with alcohol. The monopoly on alcohol was tried 20 years ago in the criminal case

against Franzén. Although the political goals of the alcohol monopoly has been mostly the

same during the years, the global landscape has changed. The facts back then, may not be the

same today.

The ECJ has developed different doctrines in different areas on free movement within

the European Union, the relevant area for the alcohol monopoly is free movement of goods.

There are no hindrances for the existence of a monopoly, although there are certain

requirements. These can be found in art. 28, 34, 35 and 37 TFEU which states that a

monopoly has to be adapted in such a way that it does not hinder the free movement of goods

within the European Union. Even though the articles forbid hindrance of free movement of

goods the ECJ, as stated, developed doctrines in the area that to a certain extent allow such

hindrance. According to Sweden the reason behind the strict alcohol policy lies in the

protection of the public health. This is one of the highest ranking reasons, according to the

ECJ, that can justify restrictions to the articles within the treaty. There is however a

requirement for proportionality in such restrictions, the goal shall not be able to be reached

with a lesser restriction in the area.

In a comparison between the gambling and alcohol monopoly you can see that the

reasoning behind the two are almost the same, they are both justified with social and cultural

arguments. As of right now the gambling monopoly is under scrutiny as a reaction to the

criticism from the European commission. It is suggested by a bill that instead of a monopoly

there will be a form of licensing system for those who are interested in being involved on that

market. Similar solutions have worked before, namely for the monopolies on pharmacy and

vehicle inspection.

It has been a long time since the monopoly on alcohol was tried in accordance with

EU law, it is therefore very interesting to investigate if it would withstand another. How

would the monopoly fare and what would a deregulated marked look like?

Place, publisher, year, edition, pages
2017. , 45 p.
Keyword [sv]
monopol, sverige, eu-rätt, systembolaget, alkohol
National Category
Law
Identifiers
URN: urn:nbn:se:kau:diva-55241OAI: oai:DiVA.org:kau-55241DiVA: diva2:1112725
Subject / course
Law
Educational program
Study Programme in Jurisprudence (180 ECTS credits)
Supervisors
Available from: 2017-07-04 Created: 2017-06-20 Last updated: 2017-07-04Bibliographically approved

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