Article regarding recent clarification from the Swedish Supreme Court concerning constitutional aspects on protection of property rights

Jan-Mikael Bexhed has authored an article in Swedish legal journal Svensk Juristtidning (SvJT), analysing a recent judgement from the Swedish Supreme Court regarding protection of property rights under the Swedish constitution.

The judgement clarifies that a separate proportionality assessment must be carried out pursuant to The Instrument of Government (Sw. regeringsformen) in all matters and cases concerning expropriation or limitation of use of real estate.

The article analyses the judgement's potential impact on the development of Swedish law and legal precedent.

The article, which will be published in print in SvJT 4/19, can be downloaded as a PDF here.

The judgement (NJA 2018 s. 753) can be downloaded as a PDF here.