Some Aspects of the Application of Legal Safeguards to Active Social Policy in Denmark, Finland and Sweden

Abstract

The reappraisal of social policy in Denmark, Finland and Sweden1 has led to the adoption of activation policies targeting recipients of social assistance. At the same time more attention has been paid to protecting citizens against administrative action which infringes their rights. In Nordic law the importance of preventive legal safeguards precluding unlawful or wrongful decisions has been stressed. When applied to active social policy, these standards of good administration and effective implementation of legal protection raise problems related to adequate resources and to the different conditions of working for wages and qualifying for social benefits. In addition, the principle of proportionality may be violated if there is an imbalance between the likely results of activation measures and the limitations placed on the rights of the recipient.