Kingdom of Sweden State in Northern Europe on the Scandinavian Peninsula. Note that the territory is 450 thousand sq. Km. The capital is Stockholm. Population - 8.5 million people. (1997) .. The official language is Swedish. Religion - 86% of the population are Protestant Lutherans.
The centralized Swedish feudal state - the Svei kingdom arose in the 10th century. In years. the Kalmar Union operated - an alliance of Denmark, Norway and Sweden under the rule of Denmark. In 1523 Sweden restored its state independence. In 1527, the Lutheran reformation was carried out. In 1809 Sweden loses Finland, but in 1814 it gains Norway. In 1809, a top bourgeois revolution took place, and the Constitution was adopted. In years. a non-estate census bicameral parliament (Riksdag) was established. In 1905 the union between Sweden and Norway was dissolved. Sweden has been a member of the EU since 1995.
Sweden is a unitary state consisting of 21 counties (fiefs). Organs act in flax local government- Landsings, elected by the population for 3 years. The activities of the landstations are controlled by the governors, who represent the central government in the districts. Governors are in charge of special administrative bureaus .. Political system Sweden is defined by the 1974 Constitution, which consists of 3 basic laws - on the form of government, on the succession to the throne, and on the press. According to the form of government, Sweden is a constitutional parliamentary monarchy. It is worth saying that the political regime is democratic.
Its functions as a head executive power belong to the government and are constitutionally assigned to it. Solutions, adopted by the government, do not require the signature of the King, the King is not present at its meetings, and finally, he does not have the right to appoint and dismiss members of the government, judges and high officials.
Supreme body state power there will be a parliament Riksdag, unicameral representative body of 349 deputies, elected for a 3-year term by general election on the basis of proportional representation. The Constitution gives the Riksdag a significant amount of rights. The right to legislate is the exclusive prerogative of the Riksdag, as the Constitution does not give the king a veto. True, Chapter 7 of Chapter III of the Law on the Form of Government provides for the possibility of the Riksdag transferring to the government the right to issue resolutions on a number of issues related to industry, trade, transport, protection of life and health of people, and maintenance of public order.
Sweden belongs to an independent Scandinavian ("northern") legal family, occupying an intermediate position between the Romano-Germanic and Anglo-American systems for a number of their features. The foundations of the modern legal system of Sweden were laid by the Law of the Swedish State (Kingdom) of 1734. Until then, the main sources of law in the country were first the norms of customary law, and then individual legislative acts and collections of laws. Note that the country's territory has never been under foreign domination, I understand the development of Swedish law was determined by the internal needs of the country and only in part - by the influence of other legal systems, for example (during the Middle Ages) Roman law, and the trade customs of the city-states of the German Baltic coast. In the XI-XII centuries. in some provinces of Sweden, local legal customs were learned by "guardians of the law", who from time to time solemnly announced them at meetings of poor landowners - "tings". Since the XIII century. these customs began to be recorded, and in the middle of the XIV century. on their basis, as well as taking into account the norms of commercial and canon law borrowed from other legal systems, national codes of law, but separate for rural areas and urban settlements, were prepared and then published by King Magnus Erickson. These codes were collections of the most commonly used legal provisions... It is worth noting that they contributed to strengthening the unity of the Swedish state and for almost 4 centuries were the main sources of law: the development of legislation was carried out mainly by introducing amendments and additions to them or publishing their revised editions.
From point of view legal technique The law of 1734, as noted by Swedish researchers, was far from perfect: it was distinguished by its casuistic formulations, the absence of the necessary general definitions, was not strictly systematized, and contained many gaps even in relation to the needs of the time when it was drawn up. At the same time, being a fairly broad codification (in the m sense, Sweden was ahead of many other European states), the Law of 1734 became the basis for the development of Swedish (as well as Finnish) law for the next centuries. And to this day it is formally recognized as the central act of Swedish legislation.
Attempts to create new ϲʙ yes laws, which would replace the 1734 Law, were undertaken exclusively in early XIX v. after the constitutional changes in 1809, but did not lead to anything and did not renew for a long time. Now the question is being raised of the gradual replacement of its individual parts (all without exception) by codes instead of creating new laws. To date, most of the originally published norms of the 1734 Law have been replaced by later legislative provisions, and all the most important branches of law are regulated either by codes or by major acts issued in the 20th century.
It is important to know that the materials for the preparation of new codes and other major legislative acts play an important role in the interpretation of the norms of current Swedish legislation: reports of commissions that prepared draft laws, opinions Legislative Council composed of members The Supreme Court(3) and the Supreme administrative court(1), the conclusions of the standing committees of the Riksdag, etc.
Civil and related branches of law civil code, and the norms of one of the sections of the Law of 1734, devoted to issues of commercial law, have now almost completely lost their force. In the field of civil and commercial law, an important role is played by the Law on the Sale of Goods of 1905, which almost coincides with similar Danish and Norwegian legislation, and the Law on Contracts and Other Legal Transactions of 1915. It is worth noting that they regulate both issues of concluding contracts (form, representation of the parties, etc.), and the consequences of their failure. A serious addition to them are the laws passed in 1971 - on the prohibition of contracts with improper conditions and on the sale of goods to consumers. Both of them are aimed at protecting ordinary citizens from the arbitrariness of large corporations.
Relationship land ownership are regulated in the current Swedish law by the Act on real estate 1970, allowing for certain restrictions on the rights of owners in the interests of nature protection, as well as territorial (especially urban) planning. Environmental protection measures, including those related to mining, changes in hydrological conditions, the use of pesticides and other chemical and biological substances, have become an independent and very significant branch of legislation in Sweden. Equally important are the laws on joint stock companies 1975 and about trading companies and partnerships 1980.
Criminal law The norms of criminal law contained in the 1734 Act were in force in Sweden until 1864, when the new Penal Code was issued. It is worth noting that it was drawn up under the well-known influence of the criminal codes of the Austrian 1803, Bavarian 1813 and Prussian 1851 and generally reflected the ideas of the classical school of criminal law. The Criminal Code of 1864 contained fairly clear signs of individual crimes and provided for very narrow limits of judicial discretion when imposing sentences. The Code was in force for exactly a century - from January 1, 1865 to January 1, 1965, when the current Criminal Code of 1962 came into force. It reflects the idea of a "new social protection" of the bourgeois-liberal movement in criminal policy, which swept across many Western European countries after World War II, as well as the reformist approaches and concepts of the Swedish Social Democrats, who were mostly in power during the preparation of the draft code (years) ..
The code will be original legal document with non-standard material arrangement. After brief General provisions the section "On Crimes" follows, which describes the composition of individual encroachments, then in the same place - issues of responsibility for the attempt, preparation and complicity, circumstances excluding criminal liability, and, finally, in the final section - sanctions and principles of their appointment. The 1962 Criminal Code provides for relatively small sanctions for most crimes; in addition, it requires resorting to deprivation of the body of minors and young people only in exceptional cases. According to the Code, the severity of the crime should be taken into account only when imposing the actual punishment, i.e. deprivation of boda and a fine, all other measures of influence (in particular, probation in various forms) should be applied taking into account, first of all, the characteristics of the personality of the offender. Fines should be imposed either in monetary amounts or in so-called daily rates, taking into account the property status of the convicted person. The 1962 Criminal Code provided for the internment of dangerous recidivists in special institutions, from where they can be released by the decision of the supervisory commission. Since the entry into force of the Criminal Code of 1962, it has been changed and supplemented many times (by provisions on conditional conviction, etc.) ..
The content of the 1962 Criminal Code covers only the main categories of crimes. Responsible for motor transportation crimes, smuggling, drug trafficking, violation tax legislation and measures to combat foreign terrorist groups are provided for in additional criminal laws or in general acts (for example, the Aliens Act 1980). Do not forget that important additions to the 1962 Criminal Code are also the laws on serving sentences in places of deprivation of ϲʙ boda and on the execution of fines, issued in 1964 (with subsequent amendments) .. The death penalty for crimes committed in Peaceful time, was abolished in 1921, and finally as a form of punishment - in 1972. The last death sentence was carried out in 1910.
The judicial system. Control bodies The system of general courts in Sweden has been headed by the Supreme Court since 1789. It is worth noting that it consists of at least 22 members (advisers of justice), 1 of whom is appointed by the government as chairman. There are 3 divisions in the Supreme Court, where cases are considered by 5-7 court members.
Its main function is to consider complaints against sentences and decisions of the courts of appeal (the so-called judgments). The Supreme Court can accept complaints both on issues of law and in connection with an incorrect assessment of the factual circumstances of the case, incl. evidence .. At the same time, the very right to appeal to the Supreme Court is very limited: the issue of accepting a particular complaint for proceedings is decided by a panel of 3 judges (sometimes - 1 judge) at their discretion, and they select only cases whose significance is essential for the judicial practices in general. As a first instance court, the Supreme Court hears the case on liability for malfeasance ministers and other senior officials. In cases where it comes to legal principles or interpretation of the law, the cases on the submission of the branches are considered by the plenary session of the Supreme Court. Its decisions have a decisive impact on the law enforcement activities of courts and official institutions.
6 Courts of Appeal (ςʙςʙ enno number of districts, covering collectively the whole territory of the country) with 2 or more branches and each include: a Chairman, one or more Laghman (presiding in the composition of the court) and Rodman (members of the court). In the composition of 4-5 judges, these courts hear appeals on sentences and decisions rendered by the lower courts for criminal and civil affairs, undertaking, in essence, a new trial involving, if necessary, even new evidence (in Sweden, usually no more than 5% of sentences and decisions of lower courts are appealed against). It is worth noting that they, as a court of first instance, consider certain categories of criminal cases. In the case when m accused faces a sentence more severe than a fine, the Court shall sit in a 3-4 2-3 full-time judges and jurors (assessors) .Predvaritelnaya preparation of the case to be reviewed by the Court of Appeal may be assigned to a judge or clerk staffing court ..
District courts (there are about 100 in the country), often called sessional courts, replaced the rural and city courts that existed before 1971, which were very different in composition and powers.The Supreme Administrative Court (in Stockholm, founded in 1909), consisting of 21 judges and by their functions, structure and organization of activity similar to the Supreme Court of Sweden Administrative courts of appeal (there are 4) also resemble general courts of appeal. It should be noted that they were considering the complaint on the decisions of the lower administrative courts, as well as listen to the first instance appeals against decisions administrative bodies on questions wages employees, social security, etc. Specific cases are heard by a composition of 3-4 full-time judges, and in some cases - 3 judges and 2 assessors. There is also a Tax Court of Appeal.
Under the Arbitrators Act of 1929, each party appoints ϲʙ of its arbitrator, and they choose the third. The decision of the arbitrators is final, but on some formal grounds it can be appealed to the general courts. Sweden has a developed system of administrative justice institutions that deal with complaints about the actions of state and municipal institutions(however, disputes under contracts concluded by the authorities with individuals or companies, as well as claims for harm brought against the authorities, are subject to proceedings in general courts). Their activities are regulated by the 1971 Administrative Procedure Code. This system is headed by the Supreme Administrative Court (in Stockholm, founded in 1909), consisting of 21 judges and by their functions, structure and organization of activities similar to the Supreme Court of Sweden. It is worth noting that it is mainly concerned with the examination of complaints against decisions made by the lower administrative courts of appeal, but only in those cases when the lower panel considers such consideration appropriate. Certain categories of complaints filed with administrative justice bodies are considered by the Supreme Administrative Court at first instance.
The lowest level of the ϶y system is the administrative court of the Lena (lentraditional administrative-territorial unit). Cases in it are heard by 1 full-time judge with the participation of 3 assessors. The competence of the state court includes the resolution of disputes on taxation, deprivation of driving license, on the seizure of property, on the forced transfer of children from one parent to another, etc. The Lena Administrative Court can hear cases on juvenile delinquency, on taking action against alcoholics and drug addicts ..
The overwhelming majority of criminal cases are investigated by the police, the most serious cases by the prosecutor's office. The prosecution is supported in court by the public prosecutor (prosecutor). It is worth noting that he has the right to refuse to prosecute, even if it is about a serious crime, or instead of bringing the case to court, offer the accused to pay a fine stipulated by law, rather than plead guilty. The rights to terminate a criminal case, incl. with the payment of a fine, the police also have. Traditionally, district prosecutors support criminal charges in lower courts, attorney general(he is at the Supreme Court, but exercises general control over the activities of prosecutors of all ranks and their assistants) .. The interests of the parties in civil procedure, the accused and the victim in the criminal proceedings may (but not necessarily) be represented by lawyers. Only members of the Swedish Bar Association admitted to it after 5 years of practical legal work and passing ϲʙϲʙ final exams. A significant number of Swedish residents are entitled to free or partially paid legal aid, incl. by a public defender in a criminal case. Apart from the above, many of them are insured against the costs of litigation.
Kingdom of Sweden
State structure
Legal system
Civil and related branches of law
Criminal law and process
The judicial system. Control bodies
Literature
State in Northern Europe on the Scandinavian Peninsula.
Note that the territory is 450 thousand sq. Km. The capital is Stockholm.
Population - 8.5 million people. (1997)
The official language is Swedish.
Religion - 86% of the population are Protestant Lutherans.
The centralized Swedish feudal state - the Svei kingdom arose in the 10th century. In 1397-1523. the Kalmar Union operated - an alliance of Denmark, Norway and Sweden under the rule of Denmark. In 1523 Sweden restored its state independence. In 1527, the Lutheran reformation was carried out. In 1809 Sweden loses Finland, but in 1814 it gains Norway. In 1809, a top bourgeois revolution took place, and the Constitution was adopted. In 1865-1866. established a non-estates bicameral parliament (Riksdag) In 1905 the union between Sweden and Norway was dissolved. Since 1995 Sweden has been a member of the EU.
State structure
Sweden is a unitary state, consisting of 24 districts (fiefs). Local self-government bodies operate in fiefs - landings, elected by the population for a period of 3 years. The activities of the landstations are controlled by the governors, who represent the central government in the districts. Governors are in charge of special administrative bureaus.
The state system of Sweden is determined by the 1974 Constitution, which consists of 3 basic laws - on the form of government, on succession to the throne, on the freedom of the press.
According to the form of government, Sweden is a constitutional parliamentary monarchy. It is worth saying that the political regime is democratic.
The Constitution proclaims the Crown King as the head of state (_ 1 Chapter 5), but his powers are, in essence, formal. The King retained mainly ceremonial duties (for example, the official opening of the parliamentary session). His functions as head of the executive branch belong to the government and are constitutionally assigned to it. Decisions made by the government do not require the signature of the King, the King is not present at its meetings, and finally, he does not have the right to appoint and dismiss members of the government, judges and high officials.
The supreme body of state power will be the Parliament, the Riksdag, a unicameral representative body of 349 deputies elected for a 3-year term through general elections based on proportional representation. The Constitution gives the Riksdag a significant amount of rights. The right to legislate is the exclusive prerogative of the Riksdag, as the Constitution does not give the king a veto. True, Chapter 7 of Chapter III of the Law on the Form of Government provides for the possibility of the Riksdag transferring to the government the right to issue resolutions on a number of issues related to industry, trade, transport, protection of life and health of people, and maintenance of public order.
The right to initiate legislation belongs to the government and members of parliament. The bill submitted for consideration is submitted to a meeting of the Riksdag, where its name and the surname of its author are first announced. After that, the bill is sent to the next commission. The commission, having studied the bill, makes a report on it at the plenary session of the Riksdag, which has the right to reject the bill or amend it. After the report of the commission, the draft law is either accepted for consideration or re-submitted to the commission. If it is accepted for consideration, the debate begins, then a vote is taken; with ϶ᴛᴏm, a simple majority of the deputies is enough.
Among the most important functions of parliament is the determination of the financial policy of the state. He has broad rights in the field of taxation, he considers and approves the budget, decides on issues related to the conclusion of loans and orders state property... Parliament has the right to declare war and conclude peace. Under his control are the activities of the government, administrative, judicial apparatus, local government bodies. Parliamentary control is carried out through interpellations, discussion at sessions of government messages on the main directions of its domestic and foreign policy. The work of the government is supervised by the Constitutional Commission of the Parliament. Having discovered a violation of the law by any minister, she has the right to appeal to the Riksdag with a request to initiate prosecution.
The executive power in the country is entrusted to the Cabinet of Ministers, which is formed with the direct participation of the Riksdag and is responsible to it. The government is appointed in Georgia with the alignment of forces in parliament, it must enjoy the confidence of the Riksdag. The procedure for the formation of the Cabinet is enshrined in the Constitution: at the session of parliament, at the proposal of the talman (chairman of the Riksdag), elections of the Prime Minister are held. A candidacy is considered approved if at least half of the deputies voted for it. If the candidate does not collect the required number of votes, a second vote is scheduled. The Prime Minister himself determines the composition of his Cabinet, whose members are then approved by the Riksdag. The Riksdag has the right to dissolve the government. It is worth saying that for him he must pass a special resolution of censure.
It is worth saying that the powers of the government are currently quite extensive, and primarily because most of the rights that previously belonged to the King are now exercised by the government.
It is worth noting that the main issues of economic, social and political life are decided by the Cabinet, which, according to _ 1 chapter V of the Law on the Form of Government, must exclusively inform the King about the measures taken. The government also transferred such functions of the King as the appointment of high officials, judges, the formation of certain departments, the determination of foreign policy, and the leadership of the armed forces. The government has the right to dissolve the Riksdag, however ϶ᴛᴏ the right is limited certain conditions(for example, a newly elected parliament cannot be dissolved earlier than 3 months after the start of the first session)
Legal system
general characteristics
Sweden belongs to the independent Scandinavian ("northern") legal family, which, for a number of their features, occupies an intermediate place between the Romano-Germanic and Anglo-American systems.
The foundations of the modern legal system of Sweden were laid by the Law of the Swedish State (Kingdom) of 1734. Until then, the main sources of law in the country were first the norms of customary law, and then individual legislative acts and collections of laws. Note that the territory of the country has never been under foreign domination, because the development of Swedish law was determined by the internal needs of the country and only in part - by the influence of other legal systems, for example (during the Middle Ages) Roman law, and the trade customs of the city-states of the German Baltic coast. In the XI-XII centuries. in some provinces of Sweden, local legal customs were learned by "guardians of the law", who from time to time solemnly announced them at meetings of popular landowners - "tingah". Since the XIII century. these customs began to be recorded, and in the middle of the XIV century. on their basis, as well as taking into account the norms of commercial and canon law borrowed from other legal systems, national codes of law, but separate for rural areas and urban settlements, were prepared and then published by King Magnus Erickson. These codes were a collection of the most frequently applied legal provisions. It is worth noting that they contributed to strengthening the unity of the Swedish state and for almost 4 centuries were the main sources of law: the development of legislation was carried out mainly by introducing amendments and additions to them or publishing their revised editions.
Since the end of the 17th century. preparations were under way for a reform of the entire system of Swedish law, for which a royal commission of leading jurists was established. Its work ended with the adoption by the Riksdag in 1734 of the Law of the Swedish State. This document, key for the history of the Scandinavian countries' legislation, was the result of the development of primarily Swedish and partly Finnish law (Finland at that time was one of the provinces of Sweden, and Finnish lawyers were part of the commission). In some of its provisions, especially civil law, the influence of Roman law affected. In essence, ϶ᴛᴏ was ϲʙᴏд of laws, covering the main branches of law and including 9 sections. 7 of them were devoted to issues of substantive law (marriage, inheritance, real estate, construction, trade, illegal actions and punishments) 2 sections regulated procedural issues - procedure judicial trial civil and criminal cases, as well as the execution of court decisions.
From the point of view of legal technique, the Law of 1734, as noted by Swedish researchers, was far from perfect: it was distinguished by its casuistic formulations, lack of necessary general definitions, was not strictly systematized, and contained many gaps even in relation to the needs of the time when it was drawn up. At the same time, being a fairly broad codification (in a sense, Sweden was ahead of many other European states), the Law of 1734 became the basis for the development of Swedish (as well as Finnish) law for the next centuries. And to this day it is formally recognized as the central act of Swedish legislation.
The development of Swedish law after the publication of the Law of 1734 followed the path of consistent revision and updating of its sections by issuing acts differently or re-regulating one or another legal institution or a whole branch of law. Some of these acts did not so much systematize legal norms in the 1734 Law that they remained not included in any of its sections.
Attempts to create a new ϲʙᴏda of laws, which would replace the Law of 1734, were undertaken exclusively at the beginning of the XIX century. after the constitutional changes in 1809, but did not lead to anything and did not renew for a long time. Now the question is being raised about the gradual replacement of its individual parts (all without exception) by codes instead of creating a new law.
To date, most of the originally published norms of the 1734 Law have been replaced by later legislative provisions, and all the most important branches of law are regulated either by codes or by major acts issued in the 20th century.
The Constitutional Act, issued in 1974 under the name "Form of Government", provides for the issuance, along with constitutional and ordinary laws, of bylaws adopted by the government in the form of delegated legislation (their number now significantly exceeds the number of acts adopted by the Riksdag) Broad powers to issue bylaws of a generally binding nature are also used by individual ministries and departments (in the spheres of government)
It is important to know that the materials for the preparation of new codes and other major legislative acts play an important role in the interpretation of the norms of the current Swedish legislation: reports of the commissions preparing draft laws, opinions of the Legislative Council, consisting of members of the Supreme Court (3) and the Supreme Administrative Court (1), opinions standing commissions of the Riksdag, etc.
It is important to note that one of the sources of law in Sweden is custom, primarily in the field of commercial law (sometimes references to custom are included in the texts of the treaties). judiciary) can also often be used as sources of law, although there are no rules in Swedish law that give any court decisions the unconditional force of binding precedent.
It is important to know that the process of convergence of the legal systems of the Scandinavian states, which began in the 1870s, has a great influence on the development of Swedish legislation. and especially strengthened after the creation in 1952 of the Nordic Council, which, along with Sweden, includes Denmark, Iceland, Norway and Finland. As part of this process, commissions of experts prepare draft laws, many of which in Sweden have already become laws that are identical or very close to the laws of other Scandinavian states, primarily in the field of marriage and family law, contract law, tort law, company law, where the approximation of legal regulation seems to be especially important.
Legal research is conducted in Sweden, mainly in the law schools of the universities in Stockholm, Gothenburg and Uppsala, where in 1620 the first chair of national law in Europe was founded.
Civil and related
branches of law
There has never been a single civil code in the system of Swedish legislation, and the norms of one of the sections of the 1734 Law devoted to issues of commercial law have now almost completely lost their force. In the field of civil and commercial law, an important role is played by the Law on the Sale of Goods of 1905, which almost coincides with similar Danish and Norwegian legislation, and the Law on Contracts and Other Legal Transactions of 1915. It is worth noting that they regulate both issues of concluding contracts (form, representation of the parties, etc.), and the consequences of their failure. A serious addition to them are the laws passed in 1971 - on the prohibition of contracts with improper conditions and on the sale of goods to consumers. Both of them are aimed at protecting ordinary citizens from the tyranny of large corporations.
Land ownership relations are regulated in the current Swedish law by the Real Estate Act 1970, which allows certain restrictions on the rights of owners in the interests of environmental protection, as well as territorial (especially urban) planning. Environmental protection measures, including those related to mining, changes in hydrological conditions, the use of pesticides and other chemical and biological substances, have become an independent and very significant branch of legislation in Sweden. Equally important are the 1975 Joint Stock Companies and 1980 Trading Companies and Partnerships Laws.
The main acts in the field of marriage and family relations are the Marriage Act of 1920 and the Parents and Children Act of 1949, which were significantly amended, mostly as a result of the activities of the Family Law Reform Commission, established in 1969. Swedish Law recognizes the equality of the legal consequences of civil and religious marriage. Property rights Since 1978, spouses have been regulated in such a way as to ensure their relative independence, and, if necessary, the opportunity to receive support from a wealthier spouse after a divorce. The divorce procedure after the 1973 reform was significantly simplified (as a rule, the divorce is granted 6 months after going to court). legal status children born out of wedlock and legitimate children, incl. to receive an inheritance. According to the 1958 Inheritance Act (with subsequent amendments), the testator's will should not worsen the position of his children in comparison with the rules of inheritance by law. The Family Property Act 1986 stipulates that persons who have been in unregistered marital relations are entitled to joint property upon dissolution of the actual matrimonial relationship and in the event of the death of the other spouse. Since the 20s. XX century. as a result of the struggle of workers for ϲʙᴏand rights, on the one hand, and the desire of the ruling circles for a policy of compromise in social issues- on the other hand, the legislation governing labor relations and issues of social security and insurance has been greatly developed. It is worth noting that the 1976 law on the joint regulation of labor relations enshrines the system that has developed in Sweden for essentially compulsory peaceful settlement of labor conflicts through negotiations between employers and workers. In the collective agreements concluded between professional associations of workers and the other associations of entrepreneurs for 1-3 years, working conditions and wage rates are established. However, Swedish legislation, proclaiming the right of workers to strike, provides for the possibility of its prohibition by the decision of the Riksdag if it causes significant damage to the interests of citizens and society. According to the amendments made to the Labor Protection Act in 1982, the dismissal of an employee is possible only for an "objectively justified" reason. The 1962 General Insurance Act and other acts provide for the payment of old-age pensions (the so-called "national pensions"), additional pensions calculated on the basis of previous earnings, benefits for work injuries, due to illness, pregnancy, child benefits, "widow's pension", etc.
Over the past decades, legislation in the field of environmental protection has developed greatly. The Law on the Rational Use of Agricultural Lands of 1979, amended in 1984, aims to link conservation interests with practice Agriculture... The 1979 Forest Conservation Act was amended by the Pesticide Prohibition Act 1983 and the Deciduous Forest Conservation Act 1984. The Hunting Code of 1938 and the Hunting Act of 1938 are still in force. 1982 and other acts. Control over natural areas in need of special protection, measures for the protection of animals and plants are determined by the norms of the laws on nature protection of 1967 and 1969. There is also a 1983 Law on Water Resources. The 1986 Law on Compensation for Environmental Damage, which defines various categories of damage and sanctions for them, is now called upon to play the most important role in this area.
Criminal law
The norms of criminal law contained in the 1734 Act were in force in Sweden until 1864, when the new Penal Code was issued. It is worth noting that it was drawn up under the well-known influence of the criminal codes of the Austrian 1803, Bavarian 1813 and Prussian 1851 and generally reflected the ideas of the classical school of criminal law. The Criminal Code of 1864 contained fairly clear signs of individual crimes and provided for very narrow limits of judicial discretion when imposing sentences. The Code was in force for exactly a century - from January 1, 1865 to January 1, 1965, when the current Criminal Code of 1962 came into force. It reflected the idea of a "new social protection" of the bourgeois-liberal movement in criminal policy, which swept across many Western European countries after World War II, as well as the reform approaches and concepts of the Swedish Social Democrats, who were mostly in power during the preparation of the draft code (1932-1962)
The Code will be the original legal document with non-standard material layout. After the brief General Provisions, the section "On Crimes" follows, which describes the elements of individual offenses, then in the same place - issues of responsibility for attempt, preparation and complicity, circumstances precluding criminal liability, and, finally, in the final section - sanctions and principles of their appointment. The 1962 Criminal Code provides for relatively small sanctions for most crimes; in addition, it requires resorting to deprivation of freedom for minors and young people only in exceptional cases. According to the Code, the severity of the crime should be taken into account only when imposing the actual punishment, i.e. deprivation of freedom and a fine, nevertheless other measures of influence (in particular, probation in various forms) should be applied taking into account, first of all, the characteristics of the personality of the offender. Fines should be imposed either in monetary amounts or in so-called daily rates, taking into account the property status of the convicted person. The 1962 Criminal Code provided for the internment of dangerous recidivists in special institutions, from where they can be released by the decision of the supervisory commission. Since the entry into force of the Criminal Code of 1962, it has been changed and supplemented many times (by provisions on conditional conviction, etc.)
The content of the 1962 Criminal Code covers only the main categories of crimes. Liability for road traffic crimes, smuggling, drug trafficking, tax violations and measures to combat foreign terrorist groups are provided for in additional criminal laws or in general acts (for example, the Aliens Act 1980). The 1962 Criminal Code also serves as the laws on serving sentences in places of deprivation of freedom and on the execution of fines, issued in 1964 (with subsequent amendments)
The death penalty for crimes committed in peacetime was abolished in 1921, and finally as a form of punishment - in 1972. The last death sentence was carried out in 1910.
Issues of criminal and civil procedure in Swedish law are traditionally (as was the case in the next section of the 1734 Law) combined in one source and are often regulated by the same rules (on the composition of the court, on procedural terms, on summons to court, on means of proof, etc.) In 1942, the current Law on Judicial Procedure was adopted (entered into force on January 1, 1948). procedural code, in which the features of criminal and civil proceedings are noted after setting out the general rules in force in each judicial instance... It is worth noting that the 1942 law proclaims the principles of adversariality, publicity, orality, the immediacy of the trial and the admissibility of all types of evidence with a peremptory assessment of them by the court. It is important to know that a large number of subsequent amendments and additions to it were introduced by the Law on the Execution of Judgments in Civil Cases of 1981.
The judicial system. Control bodies
The system of general courts in Sweden has been headed by the Supreme Court since 1789. It is worth noting that it consists of at least 22 members (advisers of justice), 1 of whom is appointed by the government as chairman. There are 3 divisions in the Supreme Court, where cases are considered by 5-7 court members.
Its main function is to consider complaints against judgments and decisions of the courts of appeal (the so-called revision of court decisions). The Supreme Court can accept complaints both on issues of law and in connection with an incorrect assessment of the actual circumstances of the case, incl. evidence. At the same time, the very right to appeal to the Supreme Court is very limited: the issue of accepting a particular complaint for proceedings is decided by a panel of 3 judges (sometimes - 1 judge) at their discretion, and they select only cases whose significance is essential for judicial practice in general ... As a court of first instance, the Supreme Court hears cases of responsibility for malfeasance of ministers and other senior officials. In cases when it comes to legal principles or the interpretation of the law, cases submitted by the divisions are considered by a plenary session of the Supreme Court. Its decisions have a decisive impact on the law enforcement activities of courts and official institutions.
6 courts of appeal (in terms of the number of districts covering the entire territory of the country) have 2 or more branches and each include: a chairman, one or more lagmans (presiding over the composition of the court) and rodmans (members of the court) In the composition of 4-5 judges data Courts hear appeals against sentences and decisions rendered by lower courts in criminal and civil cases, undertaking, in essence, a new trial involving even new evidence, if necessary (in Sweden, usually no more than 5% of sentences and decisions of lower courts are appealed) that they, as a court of first instance, consider certain categories of criminal cases. If the accused faces a punishment that is more severe than a fine, then the court is composed of 3-4 full-time judges and 2-3 assessors (assessors). court.
District courts (there are about 100 of them in the country), often called session courts, replaced the rural and city courts that existed before 1971, which were very different in composition and powers. This is the lowest level of the judicial system. It is worth noting that they consist of a lagman and a different number of rodmans (in some courts there are 1 each, in the District Court of Stockholm there are more than 100 of them) and consider the vast majority of all civil and criminal cases at first instance. 1 full-time judge and 5 assessors are involved in criminal and marriage-family cases, and 3 full-time judges in civil cases. A sole judge is empowered to hear cases of minor criminal offenses punishable only by a fine, and to conduct preparatory proceedings in civil cases, which is quite common. The members elected by the assemblies of the communal authorized term for 6 years, participate together with the judge in the proceedings, and the decision taken by them, even contrary to the opinion of the judge, if 4 out of 5 assessors spoke for it, is considered the final sentence in the criminal case (otherwise the sentence proposed by the judge is announced) Similar rules apply and when considering marriage and family matters. A jury of jurors, issuing exclusively a verdict of guilt or innocence, is created only to try cases of crimes against the Press Act of 1974.It should be said that for the consideration of civil cases with a relatively small amount of claim, there is a simplified procedure for trial by a single judge and traditionally without the participation of lawyers ( Small Claims Law 1974) Swedish law also allows for the adjudication of civil disputes by arbitrators. Based Of the law on the arbitrators of 1929, each of the parties appoints his arbitrator, and they choose the third. The decision of the arbitrators is final, but on some formal grounds it can be appealed to the general courts.
The district court judges are also responsible for registering transactions for the sale and mortgage of land plots, registering wills, supervising the custody and management of the property of minors.
Sweden has a developed system of administrative justice institutions that consider complaints against the actions of state and municipal institutions (however, disputes over contracts concluded by the authorities with individuals or companies, as well as claims for harm brought against the authorities, are subject to proceedings in general courts) Their activities are regulated The Administrative Procedure Code of 1971 is headed by the Supreme Administrative Court (in Stockholm, founded in 1909), consisting of 21 judges and by their functions, structure and organization of activities similar to the Supreme Court of Sweden. It is worth noting that he is mainly concerned with the examination of complaints against decisions made by the lower administrative courts of appeal, but only in those cases when the lower panel considers such consideration appropriate. Certain categories of complaints filed with administrative justice bodies are considered by the Supreme Administrative Court at first instance.
Administrative courts of appeal (there are 4) also resemble general courts of appeal. It is worth noting that they consider complaints against decisions of lower administrative courts, as well as hear, at first instance, complaints against decisions of administrative bodies on issues of salaries of employees, social security, etc. Specific cases are heard by a composition of 3-4 full-time judges, and in some cases - 3 judges and 2 assessors. There is also a Tax Court of Appeal.
The lowest link of the ϶ᴛᴏy system is the administrative court of the Lena (lentraditional administrative-territorial unit). Cases in it are heard by 1 full-time judge with the participation of 3 assessors. The jurisdiction of this court includes the resolution of disputes over taxation, deprivation of a driver's license, seizure of property, forcible transfer of children from one parent to another, etc. The Lena Administrative Court can hear cases of juvenile delinquency, taking action against alcoholics and drug addicts.
Along with the named general and administrative courts, there is a fairly large number special courts- on housing issues, in cases of land ownership, social insurance, commercial, etc. Among them, the most important role is played by the Labor Court (founded in 1928). Of the law on legal proceedings labor disputes 1974, as the first and final instance, he considers conflicts arising in connection with the interpretation and application of collective agreements, as well as complaints against decisions of district courts in other disputes between entrepreneurs and employees.
Judges are appointed by the government from among Swedish citizens who have a law degree (academic degree) and have passed the statutory qualification exams. All Swedish judges, like many other lawyers, begin their careers with internships as court clerks.
A special place in the system government agencies and the judiciary belongs to the Chancellor of Justice and the Ombudsman. The Chancellor, unlike the Minister of Justice, is not included in the government, but obeys him (he once reported directly to the King) supervisory functions, in particular in relation to lawyers. Since the constitutional reforms of 1809, there has also been the position of the Ombudsman of Justice - the authorized Riksdag, overseeing the administration of justice and the observance of laws. officials and government agencies. 1970-1990 In Sweden, the posts of 5 ombudsmen have been established in a number of special areas of public life - on ethnic equality (since 1986), on gender equality (since 1980), on consumer rights (since 1971), children (since 1993) and disabled people (since 1994) It is worth noting that they are appointed for a period of 4 years from among experienced lawyers... Being called upon to protect the interests of citizens, ombudsmen accept complaints about violations of their rights, but can only petition for the cancellation of illegal decisions and orders of the authorities. They report to parliament annually.
The overwhelming majority of criminal cases are investigated by the police, the most serious cases by the prosecutor's office. The public prosecutor (prosecutor) supports the accusation in court. It is worth noting that he has the right to refuse prosecution, even if it is a matter of a serious crime, or instead of bringing the case to court, offer the accused to pay a fine stipulated by law, rather than plead guilty. The rights to terminate a criminal case, incl. with the payment of a fine, the police also have. They support prosecution in criminal cases in lower courts, traditionally district prosecutors, in appellate courts - prosecutors of fiefs, in the Supreme Court - the attorney general (he is attached to the Supreme Court, but exercises general control over the activities of prosecutors of all ranks and their assistants)
The interests of the parties in the civil proceedings, the accused and the victim in the criminal proceedings may (but not necessarily) be represented by lawyers. Only members of the Swedish Bar Association admitted to it after 5 years of practical legal work and passing exams are eligible to appear in court in this capacity. A significant number of Swedish residents are entitled to free or partially paid legal aid, incl. by a public defender in a criminal case. Apart from the above, many of them are insured against the costs of litigation.
Literature
Introduction to Swedish Law / Ed. prof. B.S.Krylova. M., 1986.
Sweden. Constitution and statutes. M., 1983.
Swedish Penal Code / Per. S.S.Belyaeva and A.S. Mikhlin. M., 2000.
An Introduction to Swedish Law // Ed. Stromholm S. Stockholm, 1991.
System general jurisdiction in Sweden, chaired by the Supreme Court. He is the highest court of cassation in the country. The law also refers to his department cases related to charges of ministers and high-ranking officials in the commission of criminal offenses. The court of the second instance is the court court. There are 6 such courts in Sweden - one for each district. The lower court is a sessional court. There are 96 such courts in Sweden, one for each court district.
Special courts in Sweden include military tribunals, labor courts, commercial arbitration and administrative justice, which play the most important role in ensuring the rule of law in the administration.
The Supreme Administrative Court is the highest instance of administrative justice. The court of second instance, subordinate to the Supreme Administrative Court, is the chamber court. There are 4 office courts in total (one for each district). The courts of the first, the lowest, instance are the courts of the county and the inter-communal tax court. The Supreme Administrative Court hears appeals against decisions of the lower administrative courts. The Riksdag can assign special categories of cases to its department.
Judges are appointed to their posts by the Prime Minister and the Government; the Chancellor of Justice and the Public Prosecutor also belong to the Swedish justice system.
In addition to the existing code of law in Sweden, the administration of justice takes into account customary law... The country's constitution separately stipulates the inadmissibility of influencing the activities of the court from other branches of government.
The system of general courts in Sweden has been headed by the Supreme Court since 1789. It consists of no less than 22 members (advisers of justice), 1 of whom is appointed by the government as chairman. There are 3 divisions in the Supreme Court, where cases are considered by 5-7 court members.
Its main function is to consider complaints against sentences and decisions of the courts of appeal (the so-called revision of court decisions). The Supreme Court can accept complaints both on issues of law and in connection with an incorrect assessment of the factual circumstances of the case, including evidence. However, the very right to appeal to the Supreme Court is very limited: the issue of accepting a particular complaint for consideration is decided by a panel of 3 judges (sometimes 1 judge) at their discretion, and they select only cases that are significant for judicial practice in general. As a court of first instance, the Supreme Court hears cases of responsibility for malfeasance of ministers and other senior officials. In cases when it comes to legal principles or the interpretation of the law, cases submitted by the divisions are considered by a plenary session of the Supreme Court. Its decisions have a decisive impact on the law enforcement activities of courts and official institutions.
6 courts of appeal (corresponding to the number of districts covering the entire territory of the country) have 2 or more branches and each include: a chairman, one or more lagmans (presiding over the composition of the court) and rodmans (members of the court). In composition of 4-5 judges, these courts hear appeals against sentences and decisions rendered by lower courts in criminal and civil cases, undertaking, in essence, a new trial involving even new evidence, if necessary (in Sweden, usually no more than 5% of sentences are appealed and decisions of the lower courts). They, as a court of first instance, consider some categories of criminal cases. If at the same time the accused faces a punishment that is more severe than a fine, then the court sits in the composition of 3-4 full-time judges and 2-3 assessors (assessors). A full-time judge or court clerk may be entrusted with the preliminary preparation of a case to be heard in an appellate court.
District courts (there are about 100 of them in the country), often called session courts, replaced the rural and city courts that existed before 1971, which were very different in composition and powers. This is the lowest level of the judicial system. They consist of a lagman and a different number of rodmans (in some courts there are 1, in the District Court of Stockholm there are more than 100) and consider the vast majority of all civil and criminal cases at first instance. 1 full-time judge and 5 assessors are involved in criminal and marriage-family cases, and 3 full-time judges in civil cases. A sole judge is empowered to hear cases of minor criminal offenses punishable only by a fine, and to conduct preparatory proceedings in civil cases, which is quite common. The assessors, elected by the meetings of municipal commissioners for a period of 6 years, participate together with the judge in the proceedings, and the decision taken by them, even contrary to the opinion of the judge, if 4 out of 5 assessors spoke for it, is considered the final verdict in the criminal case (otherwise, the verdict is announced, suggested by the judge). Similar rules apply when considering marriage and family matters. A jury of only guilty or innocent juries is formed only to try offenses against the 1974 Press Act.To consider civil cases with a relatively small amount of claim, there is a simplified procedure for trial by a single judge and, as a rule, without the participation of lawyers (Small Claims Law 1974). Swedish law also allows for the consideration of civil disputes by arbitrators. According to the Arbitrators Act of 1929, each party appoints its own arbitrator, and they choose the third. The decision of the arbitrators is final, but on some formal grounds it can be appealed to the general courts.
District court judges are also responsible for registering sales and mortgage transactions. land plots, registration of wills, supervision of guardianship and administration of property of minors.
Sweden has a developed system of administrative justice institutions that consider complaints against the actions of state and municipal institutions (however, disputes under contracts concluded by the authorities with individuals or companies, as well as claims for harm brought against the authorities, are subject to proceedings in general courts). Their activities are governed by the 1971 Administrative Procedure Code. This system is headed by the Supreme Administrative Court (in Stockholm, founded in 1909), which consists of 21 judges and is similar in its functions, structure and organization of activity to the Supreme Court of Sweden. It is mainly concerned with the examination of complaints against decisions rendered by the lower administrative courts of appeal, but only in cases where the relevant panel deems it appropriate. Some categories of complaints addressed to the administrative justice authorities are considered by the Supreme Administrative Court at first instance.
Administrative courts of appeal (there are 4) also resemble general courts of appeal. They consider complaints against decisions of lower administrative courts, as well as hear, at first instance, complaints against decisions of administrative bodies on salaries, social security, etc. Specific cases are heard by a panel of 3-4 full-time judges, and in some cases - 3 judges and 2 assessors. There is also a Tax Court of Appeal.
The lowest link of this system is the administrative court of the Lena (lentraditional administrative-territorial unit). Cases in it are heard by 1 full-time judge with the participation of 3 assessors. The competence of this court includes the proceedings of disputes on taxation, deprivation of a driver's license, on the seizure of property, on the forced transfer of children from one parent to another, etc. The Lena Administrative Court can hear cases of juvenile delinquency, taking action against alcoholics and drug addicts.
Along with the aforementioned general and administrative courts, there is a fairly large number of special courts - for housing, land ownership, social insurance, commercial, etc. Among them, the most important role is played by the Labor Conflict Court (founded in 1928). ... Pursuant to the Labor Litigation Act 1974, it considers, as the first and final instance, conflicts arising from the interpretation and application of collective agreements, as well as complaints against decisions of district courts in other disputes between employers and employees.
Judges are appointed by the government from among Swedish citizens who have a law degree (academic degree) and have passed the statutory qualification exams. All Swedish judges, like many other lawyers, begin their careers with internships as court clerks.
A special place in the system of state institutions and the judiciary belongs to the Chancellor of Justice and ombudsmen. The Chancellor, unlike the Minister of Justice, is not included in the government, but obeys it (once he was directly subordinate to the King). It institutes charges of malfeasance against members of the highest judiciary, monitors the implementation of freedom of the press legislation and performs some other oversight functions, in particular with regard to lawyers. Since the constitutional reforms of 1809, there has also been the office of the Ombudsman of Justice - the authorized Riksdag overseeing the administration of justice and the observance of laws by officials and state institutions. 1970-1990 In Sweden, the posts of 5 ombudsmen have been established in a number of special areas of public life - for ethnic equality (since 1986), for gender equality (since 1980), for consumer rights (since 1971), children (since 1993) and disabled people (since 1994). They are appointed for a period of 4 years from among experienced lawyers. Being called upon to protect the interests of citizens, ombudsmen accept complaints about violations of their rights, but can only petition for the cancellation of illegal decisions and orders of the authorities. They report to parliament annually.
The overwhelming majority of criminal cases are investigated by the police, the most serious cases by the prosecutor's office. The prosecution is supported in court by the public prosecutor (prosecutor). He has the right to refuse to prosecute, even if it is a matter of a serious crime, or instead of bringing the case to court, offer the accused to pay a fine stipulated by the law, rather than plead guilty. The police also have the right to terminate a criminal case, including the payment of a fine. The prosecution in criminal cases in the lower courts is usually supported by the district prosecutors, in the courts of appeal - by the district prosecutors, in the Supreme Court - by the Attorney General (he is attached to the Supreme Court, but exercises general control over the activities of prosecutors of all ranks and their assistants).
The interests of the parties in the civil proceedings, the accused and the victim in the criminal proceedings may (but not necessarily) be represented by lawyers. Only members of the Swedish Bar Association admitted to it after 5 years of practical legal work and passing the relevant examinations are entitled to appear in court in this capacity. A significant number of Swedish residents are entitled to free or partially paid legal assistance, including from a public defender in a criminal case. In addition, many of them are insured against the costs of litigation.
Literature
Introduction to Swedish Law / Ed. prof. B. S. Krylova. M., 1986.
Sweden. Constitution and statutes. M., 1983.
Swedish Penal Code / Per. S.S.Belyaeva and A.S. Mikhlin. M., 2000.
An Introduction to Swedish Law // Ed. Stromholm S. Stockholm, 1991.
Briefly about Sweden ü ü ü ü ü State in the North. Europe on the Scandinavian Peninsula; Total area: 450,000 km 2, 3rd largest country in the West. Europe; Capital: Stockholm; Population: 9.5 million Language: Swedish; (as well as minorities: Sami, Finnish, Yiddish, Gypsy); State system: constitutional monarchy, parliamentary democracy; King - Karl XVI Gustav. Parliament: Riksdag, a unicameral parliament with 349 members; Religion: 82% belong to the State Evangelical Lutheran Church; Average life expectancy: men - 79 years, women - 83 years.
Judicial system Courts of general jurisdiction Courts of special jurisdiction Administrative courts of jurisdiction Supreme Court Supreme Administrative Court Courts of Appeal (6) District Courts (50) Administrative Courts of Appeal (4) Labor Disputes for the Protection of Competition in Patent Disputes Lena Courts (23) Real Estate Cases cases about environment Supreme Migration Court Migration Courts (3)
Courts of general jurisdiction action proceedings- cases related to monetary claims, interpretation of the contract, dissolution of marriage, maintenance of children; criminal proceedings - cases related to the examination and adjudication of crimes (for example, drug trafficking, tax crimes, violent crimes); other issues - for example, issues of adoption, division of jointly acquired property, custody and guardianship. reviewing decisions of district courts from their own judicial circuit, responsible for reviewing decisions of all courts of special jurisdiction Appeals against decisions of district and appellate courts (with permission) District Courts of Appeal Supreme Court
Administrative courts Lena courts: tax cases - appeals against decisions of the Tax Service; social insurance cases (disputes with the State Insurance Fund about compensation for work-related injuries and injuries or parental benefits); cases under the Service Act social security- challenging decisions on the provision of social benefits and permits made by the social security authorities; cases under the Law on Special Orders for Custody and Guardianship of Minors; mental health cases; cases under the Alcohol or Drug Abuse Guardianship Act; cases related to the status of foreigners and the granting of citizenship - challenging decisions Migration Service; cases related to the verification of decisions of LSG bodies for compliance with the law; the rest of the cases are related to the revocation of a driver's license, permission to sell alcohol in restaurants, etc.
Administrative courts Consideration of appeals against decisions of the Lena court (with permission) Review of decisions in cases related to the situation of foreigners and the granting of citizenship tax disputes cases related to social insurance adjudicate cases related to secrecy (professional, state) reviews decisions made by administrative appeals decision-making in specific cases, which will serve as guidelines for the courts, may check government decisions for compliance with the law (institute - “check for legality”). court
The courts of special jurisdiction 1. 2. The appeal of the District Court decisions (on labor disputes) settlement of labor disputes, 2 conditions: Initiative trade union organization or an association Court of employers or an employer who independently concluded collective agreement; the labor case must concern a dispute in relation to a collective agreement or dispute dispute, provided by law on the rights of workers, or the dispute between the parties to the collective agreement, or dispute concerning the territory where the collective agreement. The court for the protection of competition, when it is necessary to establish the legality of various forms of activity of the relevant entities in the market. appeal against decisions of the Patent and Registration Service on issues related to patents, trademarks and industrial designs, as well as brand names and means of the Individualization Court; patent reviews decisions Public service on agricultural disputes in relation to the protection of plant variety rights; creates and develops judicial practice, which has a governing character for the executive bodies.
Procedure for Appointment of Judges District Courts Established judges (appointed by the government): court presidents; senior judges of the Secretaries - matters of preparation of cases; keep minutes court session; can make decisions on simple cases (small fine); v fiscals - referents Non-regular judges: v assessors - junior judges - serve in accordance with their education. v jurors - no legal education... Are elected representatives of the population and are appointed municipal council... Powers: to assist in making decisions on various issues. v v v
v v v v v Courts of Appeal Staff judges: President - President appellate court chiefs of the collegiums of the courts of appeal judges assessors - junior judges - of the court of appeal, fiscal - referents (preparation of a report in relation to a specific case; legal research; keeping minutes) secretaries. Freelance Judges: Jurors - appointed by the Landsting Council. In their job duties includes the promotion of justice administered by the courts of appeal.
Supreme Court v President - administrative head of the court v judges v assistants v secretaries v clerical staff. v lawyers-rapporteurs - referents (responsible for preparing for the consideration of a specific case) v !! Supreme Court justices are appointed by the government.
v v v v Courts of the Lena full-time judges: court presidents senior judges court clerks, rapporteur officer administrative staff In most cases, a professional judge and three jurors who decide the case jointly. v If the consideration of the decision of the local government for compliance with the law is a professional judge and 2 special representatives. v If a real estate tax case is a professional judge, two jurors and a special appraiser v Jurors. Appointed by the Landsting Council and assisting in the administration of justice by the county court. v
v v v v Administrative Courts of Appeal Staff Judges: President - President of the Administrative Court of Appeal Heads of Chambers Judges Assessors Lawyers Rapporteurs Administrative staff. In most cases, three judges are enough to decide on a particular case. In certain cases (such as social security cases), the court has two jurors who are appointed by the county council of the county.
Supreme Administrative Judge of the Supreme Administrative Court - minimum 14 judges (currently 19 persons) Chairman = head secretary - prepares and compiles a report on a specific case; prepares proposals for court decisions (a lawyer with a special judicial and procedural education).
