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The penalty fee in the Electricity Certificates Act: in relation to article 6 in the European Convention on Human Rights
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2010 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The government of Sweden encourage the development of electricity produced from renewable sources by maintaining an electricity certificates system in which producers that use renewable sources in their production are given certificates. The system is regulated in the Swedish Electricity Certificates Act (lag (2003:113) om elcertifikat). To prevent fraudulent behaviour a penalty fee is charged upon producers that have recieved certificates due to incorrect or misleading information. The penalty fee can be appealed to a court but under the Electricity Certificates Act it is not allowed to reduce or adjust. The purpose of this thesis is to analyse if the penalty fee in the Electricity Certificates Act meets the requirements of legal certainty in article 6 of the European Convention on Human Rights (the Convention) including right to a fair trial and to be seen as innocence until proven guilty.

The method used is analysing applicable sources in accordance with the Swedish legal hierarchy in which laws have the highest value. The Convention is incorporated into Swedish law and has the same legal value as such. Judgments from the European Court of Human Rights on the Swedish tax surcharge are used for guidance on how to interpret article 6 in the Convention. Two cases from Swedish courts concerning the penalty fee are used to find what problems the penalty fee encounters in a legal process.

The rules on the penalty fee does not allow adjustments of it and circumstances in each case cannot be taken into consideration, therefore the penalty fee can be charged even when it would be unreasonable and there is a conflict with legal certainty in article 6 of the Convention. For that matter rules on evidentiary issues also has to be implemented. Courts can refuse to use rules which are in conflict with the Convention, but it is concluded that a change in regulation is needed.

Place, publisher, year, edition, pages
2010. , 71 p.
Keyword [en]
Electricity certificates, penalty fee, European Convention on Human Rights, sanction fees, tax surcharge, principle of proportionality, presumption of innocence, right to a court
Keyword [sv]
elcertifikat, Europakonventionen, sanktionsavgift
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-14192OAI: oai:DiVA.org:hj-14192DiVA: diva2:383288
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2011-01-20 Created: 2011-01-04 Last updated: 2011-01-20Bibliographically approved

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fulltext(812 kB)210 downloads
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3c3423225df4f0107cf3c8f568f045415607fff16a0bcf6314bc735d7aeae0f8932a21310ba0fcb2e375cbf4e9d6418abc4bbbcfc7771513c5c9ccd76315d495
Type fulltextMimetype application/pdf

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf