Why Do Associations Run Independent Schools in Sweden, and Why Does It Matter?

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DOI:

https://doi.org/10.58235/sjpa.v27i2.11374

Keywords:

corporate law, associations, Sweden, independent schools

Abstract

The Swedish school system was radically reformed in the 1990s, and went from one of the world’s most uniform and egalitarian, to one of the world’s most deregulated and marketized. In recent years, the political controversy has heated over the for-profit corporations that operate independent schools and allegedly make major profits off the public purse. A majority of independent schools in Sweden are operated by limited liability companies, but hundreds of schools are also operated by non-profit foundations and associations. The latter category are of interest in this article. With the help of a thorough legal historical analysis of the corporate law on associations in Sweden, and how the two forms of associations – economic associations and non-profit associations – are defined in the law, we discuss how well the law matches the purposes and needs of elementary schools in Sweden. The article concludes that the ambiguities and confusion around the law on economic associations in this specific case, and the essential lack of legislation for nonprofit associations, warrants a fundamental questioning of whether it is at all appropriate for independent schools in Sweden to be operated by economic and nonprofit associations.

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Author Biographies

Olof Hallonsten, School of Economics and Management, Lund University, Sweden

Olof Hallonsten is associate professor of sociology and senior lecturer in organization studies at the School of Economics and Management at Lund University. His research interests include organizational sociology and sociological theory and primarily institutional perspectives on the governance of public sector organizations and their interfaces with society.

Ellika Sevelin, Department of Law, Lund University, Sweden

Ellika Sevelin is an assistant professor and senior lecturer in legal philosophy at the Department of Law at Lund University. Her research interests include the intersection between legal theory and material law, with a focus on the theoretical implications in legal interpretation and applications. 

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Published

2023-06-15

How to Cite

Hallonsten, O., & Sevelin, E. (2023). Why Do Associations Run Independent Schools in Sweden, and Why Does It Matter?. Scandinavian Journal of Public Administration, 27(2), 71–84. https://doi.org/10.58235/sjpa.v27i2.11374

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Original Articles

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