SV / EN

Prejudikatbildningen inom socialförsäkringen – finns det någon vägledning att få?

Publicerad i Nordisk socialrättslig tidskrift nr 40.2024, september 2024 s. 13–32

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This article deals with judicial precedents within a specific area of administrative law, namely social security law. The area of law is characterized by a high level of amendments as well as a broad scope for assessments. Historically, it has been considered that there is a need for more precedent within social security law. Precedents are a fundamentally important tool strengthening legitimacy. First, the doctrine of precedents is briefly introduced. Furthermore, an historical overview of various legal tools to promote precedent within social security discussed. In the 90s the Social Security Court of Appeal was abolished and the area of law came under the umbrella of administrative courts. The general ombudsman for social security was established. The article concludes with a comprehensive discussion and analysis of the development of judicial precedents within the area and highlights key challenges.