SWEDEN

	SWEDEN

	Composition and structure Court functions Advisory functions

Name of the institution : Regeringsrätten (Supreme Administrative Court)

President :
Mr. Sten HECKSCHER

Auditor of the IASAJ :
Mr. Gustaf SANDSTRÖM

Address :
Regeringsrätten
P.O. Box 2293
S - 103 17 Stockholm
SWEDEN

Phone number :
(46) (8) 617.62.00 (Court)
(46) (8) 617.62.13 (President)
(46) (8) 617.62.12 (Secretary's office)
(46) (8) 617.62.29 (Auditor of the IASAJ)

Fax :
(46) (8) 617.62.34

E-mail :
leif.lindstam@reg.dom.se

Composition and structure

Number of members :
17

Recruitment procedures and incompatibilities :
The members are appointed by the government after consultation between the minister of Justice and the Court. At least two-thirds of the members must have a law degree. A member can be dismissed only if he, by committing a crime or by gravely and repeatedly neglecting his duties as a member of the Court, has conspicuously proved that he is not fit to continue his service. The age of retirement is in principle 65. A retired member may in certain cases serve as justice on an ad hoc basis.

Internal organization :
The Court operates in two divisions. The Court is properly constituted with five Justices on the bench or with four, if three of them are unanimous. In certain cases of simple nature, the Court is constituted by three Justices on the bench. Questions concerning review dispensation may not be tried by more than three Justices and are mostly decided by only one Justice.
If a division of the Court intends to diverge from a judicial principle or an interpretation of the law previously laid down by the Court, the matter shall be referred to a plenary session of the Court. The procedure is normally in writing and the cases are presented to the Court by a staff of legally trained reporters.

Publications :
A Year-book (Regeringsrättens Arsbok) contains cases which have been tried during the year. Cases of particular interest for the application of law are presented in a more detailed way with a heading which briefly explains the legal issue concerned.

Court functions

Jurisdiction :
Mainly administrative law, containing cases such as tax assessment, building permits, social welfare allowance and decisions by municipal bodies.
The Court is also the supreme instance in cases concerning registration of patents and trademarks. Furthermore, the Court may make a special court review of administrative decisions of the Government, if the decision concerns a civil right and cannot otherwise be tried by a court. If the Court finds that the decision is incomptatible with a legal provision, the decision may be revoked. Other administrative decisions than decisions of the Government may, on the same conditions, be revoked by an administrative court of appeal.

Organization of the courts system :
There are three instances of administrative courts : County Administrative Courts, Courts of Appeal and the Supreme Administrative Court. Almost all cases are tried in the first instance by a County Administrative Court. The cases are then, with some exceptions such as tax cases, tried by a Court of Appeal only if the court has granted review dispensation. In the Supreme Administrative Court a review dispensation is required in all cases brought before the court by an appeal.

Certain cases, concerning e.g. legal review of a closed case, restitutio fatalium and special court review, are tried by an Administrative Court of Appeal if the contested decision has been taken by an administrative authority or by a County Administrative Court and then, subject to review dispensation, by the Supreme Administrative Court. If the contested decision has been taken by an Administrative Court of Appeal or by the Government, the case is tried only by the Supreme Administrative Court.

Powers of the judge (annulment, reversal, compensation, etc...) :
The Supreme Administrative Court has the power to annul or amend decisions by administrative authorities in individual cases and has the full jurisdiction to assess both facts and law. Decisions by municipal political authorities in individual cases may, however, only be annuled and never amended.
The Supreme Administrative Court is not empowered to award damages but may issue orders or impose penalty payments to enforce the Courts' decisions, if that is provided by law. .

Advisory functions

Existence and extent of an advisory authority :
The Supreme Administrative Court may be required by the Government to give its opinion on proposals concerning legal or administrative matters within the realm of its jurisdiction. Members of the Court serve as members of the Law Council, the purpose of which is to give a legal opinion on bills proposed by the Government before they are submitted to Parliament.