Welcome to The Administrative Court in Malmö

1. Welcome to The Administrative Court in Malmö Janet Svensson –Judge Alexander Warnolf – Assistant Judge

2. Overview of the Swedish court system FÖRVALTNINGSRÄTTEN I MALMÖ

3. Swedish National Courts Admini-stration General courts District courts (48) Courts of Appeal (6) Supreme Court Legal Aid Authority Rent and tenancy tribunals Swedish Judiciary – organisation General administrative courts Administrative courts (12) Administrative courts of appeal (4) Supreme Administrative Court FÖRVALTNINGSRÄTTEN I MALMÖ

4. Number of cases filed FÖRVALTNINGSRÄTTEN I MALMÖ

5. Staff (2010) Rent and Tenancy Tribunals Swedish National Courts Administration General Administrative Courts General Courts Legal Aid Authority Total Category FÖRVALTNINGSRÄTTEN I MALMÖ

6. Numberofcases 2012 - Malmö • The Administrative court in Malmö decidesabout 450 different • typesofcases, whichinclude the following: • Tax cases1 800 • Social welfare 4 000 • Social security1 700 • Compulsorypsychiatriccare 1 500 • Child & abuserscustody 600 • Driver’spermitcases 600 • Migration (asylum and immigration) 7 000 • Public procurement 400 • Legalityreview 250 • Miscellaneous 1 650 Tot: 19 500 FÖRVALTNINGSRÄTTEN I MALMÖ

7. Organizationalchart – Court in Malmö ChiefJudge Management team Administration Section1 Custody Legality Public Proc. Social sec Welfare Psych. Care Division 2 Tax Psych. Care Citizenship Division 3 Migration Social sec Custody Psych. Care Division 4 Migration Social sec Custody Psych. Care Division 5 Migration Custody Division 6 Migration Custody FÖRVALTNINGSRÄTTEN I MALMÖ

8. General Courts Typical cases • Criminal casese.g. crimes involving violence, narcotics, theft, tax and traffic offences • Civil casese.g. interpretation of agreements and family law disputes • Other matterse.g. adoption, distribution of marital property, appointment of guardians and administrators Appeals process • Court of Appeals • Supreme Court 48 FÖRVALTNINGSRÄTTEN I MALMÖ

9. The role of Administrative courts FÖRVALTNINGSRÄTTEN I MALMÖ

10. Howtodescribeadminstrativelaw It is a matterofeffectivelypreserving the individual’srights vis-a-vis the state. The authoritieshave a dutytoact in accordancewith the rules set by administrative law FÖRVALTNINGSRÄTTEN I MALMÖ

11. An individualmayrequest a reviewof a certain decision, thatcanrange from a decision by the social securityofficeto an examinator’s grading decision Youmayrequesttoreview a special document, for example in a matterconcering a permitto serve alcohol, a writtenplea made by a party or a document written by a specialist… An individualmightseekassistance from the welfareoffice (apply for welfareetc) Othermatterscaninclude an appeal for a residencepermit or concern the Tax agency’sassessmentofyourincome tax return FÖRVALTNINGSRÄTTEN I MALMÖ

12. Companies and businesseshave right as well and be affected by decisions by governmentagencies in mattersconcerning, for example, permits, tax, supervision/inspection by the Swedish Securities and Exchange Commission, chemistryor public procurement, toname a few. FÖRVALTNINGSRÄTTEN I MALMÖ

13. Public law vs. Civil law Public lawconcerns the legal relations between _______ the public (state or municipality) and the private/individual person or legal person Examples: The relations start when a person applies for somethingor when a company asks for permission to deal with.. Or when the social welfareofficeapplies for care under the Child welfareact Civil law is about the legal relations between private Parties The state or a municipal- ity canact as parties in a civil dispute, either as plaintiffs or defendants FÖRVALTNINGSRÄTTEN I MALMÖ

14. The welfarestate and the ruleoflaw The roleof a societytodaycan be tocreate fair and equalopportunities for the citizensthroughguarantees; providing same and equalopportunities in school, in hospital care, and compensations for medicalcare for example FÖRVALTNINGSRÄTTEN I MALMÖ

15. Declarationoffreedoms and rights The protectionof the citizens is guaranteedthroughour public lawstatutes as well as throughdeclarations offreedoms and rights The legislator and the authoritieshavetoact in accordancewiththesedeclarationswhenadjudicating or administrating FÖRVALTNINGSRÄTTEN I MALMÖ

16. Administrative court Description Deals with cases involving disputes between private individuals and public authorities Typical cases • Tax cases • Alien and citizenship cases • Disputeswith the social insurance office, municipal authority or social welfare committee • Hearing of certain application cases,e.g. taking into care of young persons or persons with addiction problems 12 FÖRVALTNINGSRÄTTEN I MALMÖ

17. Administrative courts of appeal Typical cases • Tax cases and social insurance cases • As a court of first instance, the administrative court of appeal deals with appeals against decisions regarding access to a public document, what are termed classified information cases Leave to appeal • Most types of cases need a leave of appeal to be decided by a full panel of three judges • Grounds for overturning, need for precedent • Tax cases, custody cases are exempt 4 FÖRVALTNINGSRÄTTEN I MALMÖ

18. Supreme Administrative Court Description The highest administrative court in Sweden. Examines decisions that have been appealed from one of the four administrative courts of appeal in the country Cases • The task of the Supreme Administrative Court is to create precedents, i.e. decisions that act as guidance for the future • Almost all cases require leave of appeal • Discussions with the courts of appeal regarding need for precedents 1 FÖRVALTNINGSRÄTTEN I MALMÖ

19. Migration court of appeal Description The highest migration court in Sweden. Examines decisions that have been appealed from one of the three migration courts Cases • The task of the Migration court of appeal is to create precedents, i.e. decisions that act as guidance for the future • All cases require leave of appeal 1 FÖRVALTNINGSRÄTTEN I MALMÖ

20. Swedish National Courts Administration Description The Swedish National Courts Administration is a state authority that reports to the government Function • Functions as a service organisation for the courts throughout the country • The National Courts Administration does not have any right to decide over the courts’ judicial operations or rulings FÖRVALTNINGSRÄTTEN I MALMÖ

21. Legislation and sources of law FÖRVALTNINGSRÄTTEN I MALMÖ

22. EU law Certain legal acts within EU law rank higher than the Swedish constitution Practical, day-to-day implications Constitution Decided by Parliament with intervening elections Constitution Act Freedom of the Press Act Freedom of Speech Act Act of Succession Legislation and sources of law Laws • Decided by Parliament Ordinances • Decided by the government by order of Parliament Official regulations • Decided by a public authority by order of the government FÖRVALTNINGSRÄTTEN I MALMÖ

23. Becoming a judge Courts of Sweden Judicial Training Academy Permanent judge General court Court of appeal – Associate judge of appeal Court of appeal – Acting associate judge of appeal 1 year District court – Assistant judge 2 years Court of appeal – Legal clerk 1 year General administrative court Administrative court of appeal – Associate judge Administrative court of appeal - Acting Associate judge 1 year Administrative court – Assistant judge 2 years Administrative court of appeal – Legal clerk 1 year Service as a law clerk In a district court or administrative courtLaw clerk district court/administrative court 2 years Legal education 4-5 years FÖRVALTNINGSRÄTTEN I MALMÖ

24. Lay judges Role and task • Lay judges are laymen and together with the judge they apply the rule of law in different cases • Lay judges and professional judges work independently of the government and parliament • The involvement of lay judges is a means of ensuring that the decisions of the court remain in line with general values in society • Lay judges should contribute to maintaining the confidence of the general public in the administration of justice and satisfy the interests of the people with regard to insight into the work of the court FÖRVALTNINGSRÄTTEN I MALMÖ

25. Lay judges Election of lay judges • Lay judges are elected by the municipal council or the county council • The mandate period is four years • Those who are eligible for election are Swedish citizens who have reached the age of majority and who are resident within the electoral assembly district • Members of certain professional groups are not permitted to be lay judges • There are around 9,000 lay judges in Sweden, approximately 50% women and 50% men. The average age is 59.3 years. (As at January 8, 2010) FÖRVALTNINGSRÄTTEN I MALMÖ

26. The life of a typical case FÖRVALTNINGSRÄTTEN I MALMÖ

27. Case normally starts with appeal/application • Each case is assigned a unique number • Different case codes for different case categories • All cases assign at random to judge • Two-party process • The governmentagencythatmade the decision • The individual • Public counsel assigned by court in some instances • Applications for custodial care • Care of young people/substance abusers/mentally ill people • Asylum cases FÖRVALTNINGSRÄTTEN I MALMÖ

28. Procedure • Appeal from individual agency responds appelant • Whether contests/accedes the claims • Provide reasons for position and supporting evidence • Process until case has been examined so thoroughly that a decision can be made • Oral hearing? • Can be requested by the individual • Mandatory in some cases • Does not replace written procedure • Aims to supplement the examination/allow parties to present their case in more detail FÖRVALTNINGSRÄTTEN I MALMÖ

29. Judicial enquiry • Reporting clerk or law clerk reviews the key issueand legislation/legal cases/legal literature • Extensive use of databases • National precedents • EU law • The reporting clerk/law clerk submits a suggested verdict • If it is a “simple” case, a single judge can decide the case • Normally one judge and three lay judges • Judge has the decidingvoteiftied • Any member is permitted to file a dissenting opinion FÖRVALTNINGSRÄTTEN I MALMÖ

30. Thank you for listening! FÖRVALTNINGSRÄTTEN I MALMÖ