Project Manager
Per SamuelssonProject manager
Lund UniversityAmount granted
702 000 SEKYear
2023
Corruption and other forms of opportunism are a social problem in both the public and private spheres. An important aspect of the problem relates to the risks created by the existence of conflicts of interest.
Under current law, many different roles carry with them obligations to make decisions according to a certain objective. When someone is in such a role, there is a risk that he or she will instead be guided by self-interest or other private objectives. Conflict of interest rules aim to counteract such risks by preventing the decision-maker from taking decisions. There are many goal-driven roles that are subject to conflict of interest rules. These include judges, public officials, auditors and board members of companies and associations.
There are no major studies of disqualification rules in Swedish law. The aim of our project is to fill this gap through a monographic presentation. The focus will be particularly on the rules of association law. This does not prevent us from framing the presentation by discussing disqualification rules and their purposes in general and by linking the theme to both practical philosophy (ethics) and economic analysis, such as principal agent theory.
The functional relationship between disqualification rules and other rules and principles aimed at protecting the governing objective against opportunism will also be addressed. These include, for example, the principle of loyalty, which has become increasingly controversial in recent times.