say the courts (sort of)

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It has been a busy week for Swedish courts, with many cases being covered in the news. Rulings this week on Cementa, hijab, and union membership have (believe it or not) something in common, namely rulings on behalf of the beleaguered part.
Cementa – the movie
Cementa has been covered in this blog earlier (here). But hang on to your hats, here’s a refresher: Cementa has been mining limestone on Gotland for a hundred years. Limestone is needed to make cement, and Cementa produces most of the cement Sweden uses for building. When Cementa applied to extend its mining license, the first court said “Sure.” Several environmental organizations appealed the decision, and the appeals court then ruled against Cementa.
At this point, the then-Social Democratic government stepped in. Without Cementa, it was argued, construction in Sweden would stop and mass lay-offs would result. With unanimous support from parliament, they passed a law that essentially granted just Cementa a temporary license to continue mining. This caused an uproar immediately – could the government even do that? Environmental organizations protested the government circumventing the court in that way. On Thursday this week, the highest administrative court in Sweden came back and said what the government did was legal.
For some, the special law that was passed to extend Cementa’s license was welcome, necessary and even commonsensical. The administrative high court’s decision has now upheld the government’s ability to do what it did. For others, both the government’s action then, and the high court’s decision now, is a weakening of the power of the courts.
If this isn’t fascinating enough (if you’re nerdy), though, wait a few days when the temporary license extension runs out. On December 13th, Cementa’s new application to continue mining will be accepted or denied. Cementa part V: the New Application.
Go ahead, express yourself
Meanwhile in Skåne, another case of acceptance was on the docket. Staffanstorp municipality voted to forbid girls in elementary school from wearing a hijab or other head covering while in school. Parliament took up and rejected such a prohibition years ago, but Staffanstorp persisted in the administrative court. The prohibition was rejected in the first instance, and has now been rejected also at the highest instance, although not for the same reason.
At the district court level, the court disallowed Staffanstorp’s prohibition on a freedom of religion basis. The highest administrative court, however, rejected the prohibition on a freedom of expression basis instead. Clothing is an expression of religious belonging, the court said: Restricting the clothing that someone wants to wear affects the individual and their freedom to express themselves. A restriction is therefore not allowed.
Free time and work time
Neither is the Transport Workers’ Union allowed a restriction; in this case to its membership. This case began in 2018, when a regular member of the union was elected to represent the Sweden Democrats party at the municipal level. He was swiftly kicked out of the union for being an active member of a party that, according to the union, was not compatible with their organization’s statutes stipulating people’s equal value. Mats Fredlund sued the union, arguing that the union existed for its members and their work environment, and not for judging what its members did in their free time. The district court agreed, but the Transport Workers’ Union appealed. Now it has lost again. The court of appeals ruled that booting out Fredlund was abridging his right to freedom of association.
In each of these cases, the higher court ruled on behalf of the part that wanted to do what it wanted to do, and not for the part that wanted to restrict that action. This, for a country whose smallest party in parliament is the Liberal party.




