Overview
Public administration has never achieved a definition to identify its essence and its core characteristics. In all modern nations, public administration is identified with the executive branch. Public administration is the administration of governmental affairs. Quite simply, public administration connotes public authority (1996).
The function of public authority is essential to deliver and maintain a level of general satisfaction through legislations and ensure compliance with existing standards. The use of policy measures shall stimulate responsible behaviour (2004). More practically, the public authority is obliged to serve citizens and to protect the rights and freedoms of persons and citizens. The notion of such comprises all authorities in legal structure as well as for those organisations which have been entrusted by State to exercise powers on their behalf ( 2001).
Traditionally, property rights can be owned by individuals or in common ( 2007). Properties can be immovable or movable, tangible or intangible and personal or abstract. The possession of a ‘valuable’ thing conforms with an exclusive right of ownership.
A property right, according to Emily Sherwin, has three essential elements: an object, an owner and a range of permitted uses (2007). These elements are of determinate form. Such form is derived from determinate legal rules. Intelligently, a lease, an easement, a copyright or a share of stock are objects of property defined by an agreement or by law in comprehensible, commensally terms (2007).
As a modern conception, property theorist redefined property rights as a legal relationship existing between people in regard to resources. Through a varying context, property rights amounted to the outcomes of particular disputes over resources. Such rights exist only through a case-to-case decision-making of legal officials ( 2007).
According to , the transfer of ownership (or control), from private to government or public, make an economy more or less effective. The market values of property reflect preferences and demands of the society. The elimination of destructive competition is the fundamental purpose of property rights. In effect, well-defined and well-protected property rights replace competition by violence with competition by peaceful means (2002).
Role of Public Authority in Property Rights Enforcement
The public authorities are responsible for (as patterned in Manual 1, Chapter 2 (Particulars of Organization, Functions and Duties) :
· facilitation and acceleration of development of property rights laws through the implementation of various property programs
· effectively coordinating and interacting with other agencies towards achieving a strong system of property rights ( 2002)
· gathering support, resources and technology required for the implementation of property laws
· ensuring the effective transfer of information from the authorities to the general public through firms and other legal and legitimate entities as well as informing the public of political decisions regarding property laws
· effective communicating and delivery of the programs and policies of the government regarding taxation, intellectual property laws, real estates laws and others of the same capacity
· initiating changes in the mindset and attitude of the public through introduction of laws on economic, political, social, financial interests of the general public
· refusing changes that will affect and harm the public and sacrifice their welfare
The duties of public authority are as follows: a) to ensure proper planning for implementation of property regulations and policies, b) to ensure that the benefits of a well-established property law reaches all societal levels, c) to ensure that policies and the entire law are implemented according to governmental procedures, d) to secure coordination and cooperation for the effective development and upliftment of the public welfare, e) to maintain transparency by publishing periodicals and details of defending rights, property rights of owners and procedures in securing properties, f) to settle disputes whenever necessary and g) carry-out/aid in researches and/or evaluation studies initiated by the state or government.
Public Authority in Sweden
Sweden is democratic country with a parliament called the Riksdag. The country is also a monarchy with King as the head of the state with no political power but mainly representative duties
The Riksdag and its 349 members institute laws and decide the level of state taxes. The parliament decides how the funds will be used and disposed. Together with its members, it also supervises the work of the government ( 2005).
The Riksdag appoints a prime minister who subsequently appoints the ministers and together they will form a government. The government rules the country and is responsible to the Riksdag. The political decisions are implemented through various state authorities, administrations and public companies ( 2005).
The government functions as a collective wherein all the decisions are directed towards a public authority. Through a government meeting, all missions and directives from the ministries to the public authorities are commenced. Compared to other governments, the Swedish model eliminates the concept of ministerial rule. Relatively, the Swedish ministries have few employees in comparison with ministries in other countries (2005).
There are 21 county councils in Sweden. Their main duties are: health and medical care services, health and care education, regional development and public transport. Accordingly, there are 289 municipalities and their main duties include: education, child daycare and geriatric care, community planning, rescue services, civil defence and garbage disposal among others (2005).
Property Rights in Sweden
The Swedish government dealt with a system of allocating wealth resources through massive. Within that system is a progressive, efficient and equal economic and social issues orders of the day. However, the power and influence growth of democratically-elected legislatures made property insecure. Such legislature power is incomparable to courts’ and other institutions’ power. The undermining ability of the Swedish Constitution to protect property rights was the result (2001,).
The protection of property right was strengthened when the Swedish law incorporated the European Convention in 1994 ( ). The Swedish system allows the Law Council () in previewing certain new laws proposed for enactment of and in reviewing the constitutionality of new statutes. The courts and other public authorities can refuse to apply a rule they find ‘manifestly’ unconstitutional ().
In some areas like taxes, social security entitlements and the housing markets, the rules are consistently shifting. The social insurance alone has thirty changes in the rules per year on average. In effect, changes in the law need to keep up with the changing society ( ).
Uncertainties regarding property law in Sweden are structural. It is the culmination of the ambiguous relationship between the constitution, changing legislation and the courts. In relation, it can be traced based on actual and perceived Swedish custom and the shifting public opinion. The philosophy of “allenmansratten” or ‘every man’s right’ () provides a custom example that connotes ambiguous interpretations and misconceptions.
A) The consequences of failing to protect property rights in Sweden
The country is an integral part of the global economy. Particularly, the increased integration of Europe in Sweden requires a large degree of co-dependence. Wherein, companies and/or investors in a country depend on legal systems of other countries. Those which do not conform to the legal form will be left behind.
In light of these, Swedish policy-makers know that they must attract foreign investments. Sweden can afford much financial investments. And though, the tax system favors ownership, still, the assets will stay in the country ().
B) Issues of Property Rights in Sweden
The country faces legal problems from the European courts. An article on the European Convention on Human Rights states: the right to property must be recognized and a right to compensation exists if the state interferes with property. Sweden is a signatory to the law and if the convention overrides Swedish law, the case may be decided by a European court.
Unarguably, the Sweden must strengthen property rights on its own. It would be disturbing for any government or state to have own property rights laws deemed insufficient by outside courts ().
The Rule of Presumption
Practically, the most important factor which affects property rights in Sweden is that no change may be made regarding the use of land, water or buildings without political approval. In order to survive, landowners and business people must continually change plans and strategies in order to live up to economic changes ().
The public authority may grant or refuse a license to change about the on-going use of a property. Changes are only made if “there is a reasonable commercial justification for the requested change” (2001). A change can also be compensated when “it is probable that the new use being considered by the property owner is a permissible use at the owner originally purchased the property” (2001).
Rent Control (e.g.)
Sweden had experienced all known problems – housing shortages, distorted prices, inefficiencies and arbitrary wealth transfers, regarding rent controls. Relatively, the state imposes controls on landlord-tenant relations. If in case the landlord wishes to sell his building, he may as well face another control (2001).
The Rent Council is responsible for assessing the value of a real estate holding. According to the tax law, it should correspond to 67% of its market value two years before the taxation year ( 2005). The Rent Council guards rents which should be at a level determined by the principle of “bruksvarde” (value of usage”. The management of rental contracts are also the duty of the council. They must see to it that provisions for just culture between tenants and landlords are being followed. The public authority regulate or prohibits the use of contract as part of a deal, either through swapping for a new contract or by selling the contract, whenever the situation necessitates (.).
The Rent Council has the right of first refusal over sales if the property is required for community development or to meet community housing needs. As such, under this rule, the buyers have little incentive to search for and purchase property since the community may buy the property at the highest negotiated price instead of the ‘best price’.
The process reduces the number of potential buyers certainly. This, in effect, may lower the market value of a property, discourage investors to build new units, lessen the maintenance investment and create a disincentive to build more buildings and housing units ( 2001).
According to rent control in Sweden was a classic example of price-induced shortage without any greater physical scarcity (1999). As much as possible, the public authority attempts to minimize competition for apartments and discrimination. The authority regulates property rights which reduce competition based on monetary exchanges for goods and services and restricts competition based on personal characteristics (2002). To wit, rent-control measures, imposed by the Rent Council, compensate the deserving tenants and detriments those opportunistic-driven landlords.
Reference List
Credit:ivythesis.typepad.com
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