Swedish court system and the need of its clarification

1

• Swedish court system and the need of its
  clarification

2
Factoids

• The responsibility of arranging questions for the
  courts lay with Justitiedepartamentet
• In average over 170 000 cases are reported to the
  courts of Sweden each year
• 53 District Courts of Appeal are present in
  Sweden

3
Swedish Courts
4

• Except the two divisions of the courts a third
  division exists and is also known as that of the
  Special Court.
• The list of special courts is as follows
• Arbetsdomstolen
• Patentbesvärsrätten
• Marknadsdomstolen

5
General Courts

• The 1st instance of the General courts is
  Tingsrätten and it consists of 500 judges
• 3 basic cases can be distinguished at
  Tingsrätten
• Criminal
• Disputes
• Errands

6
General Courts

• The 2nd instance of the general courts is that of
  Hovrätten
• The sentence given by Tingsrätten kan be appealed
  against in Hovrätten

7
General Courts

• The 3rd and last instance is that of Högsta
  Domstolen
• To get an appeal in Högsta Domstolen it is needed
  that the case obtains provningtillstånd
• Provningstillstånd is given by Högsta Domstolen
  itself and is only granted if the sentence of the
  case may be guiding for the rest of the general
  courts

8
Administrative Courts

• The same principles of the administrative
  courts are the same as those of the general
  courts. The main difference is that the court do
  not solve conflicts between individuals but
  between an individual and state authority.
• The most basic cases are tried in Länsrätten,
  appealed to in Kammarrätten and if a prejudikat
  appears Regeringsrätten takes up the case.

9
Clarification Issues

• The courts independence
• Appointment of Judges
• The discharge of a judge
• Ban of extraordinary courts
• Court Organisation
• Judge extra-work duties
• Working order of a court
• EU Swedish court relation

10
Constitutionality of Laws

• Specialised constitutional courts
• Other courts
• Judicial Review
• Both courts and administrative authorities
  (appeal to the latter)
• Limited level of action
• Lex superior
• Lijphart says

11
The Swedish Constitution

• 1974 Instrument of Government
• 1810 Act of Succession
• 1949 Freedom of the Press Act
• 1991 Fundamental Law on Freedom of Expression

12
Constitutional Court in Sweden?

• No need
• Government
• Commission of inquiry
• Referral for consideration
• Proposal
• Motions
• Committee report/proposal
• Debates
• Vote
• Law

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Discussion

• According to Lijphart Sweden has a weak judicial
  review. What would you say supports this view?
• Is the Swedish system of many separate courts
  good or is it too bureaucratic
• Nämndemän/judge relation?