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The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. [1] The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.
The courts are divided into two parallel and separate systems: The general courts (Swedish : allmänna domstolar) for criminal and civil cases, and general administrative courts (Swedish : allmänna förvaltningsdomstolar) for cases relating to disputes between private persons and the authorities. [2] Each of these systems has three levels. Leave to appeal can be required for a review at the second and third level. [3] There are also special courts and tribunals that hear specific cases. [4] [5]
The general courts deal with criminal cases, like an act defined in the Swedish Penal Code or in another law, for which a sanction is prescribed (e.g. theft or robbery). The general courts also handle some civil law disputes, for example, disputes over the contents of a business agreement or cases relating to family law, [6] [7] [8] and a number of other non-contentious matters; such as adoption and appointment of legal guardians. [9] [10] Proceedings are generally open to the public, but access can be restricted for example in cases about sexual offences. [11] [12]
The general administrative courts handle numerous types of cases relating to disputes between private persons and the authorities. [16] [17] Over 500 different kinds of cases are assigned to the general administrative courts, like appeals against decisions made by the Swedish Tax Agency or the Swedish Social Insurance Agency. [18] [19]
There are also a number of special courts, which will hear a narrower set of cases, as set down by legislation. These special courts has a narrow jurisdiction as defined by special laws. [5] For example, the law about Land and Environmental courts (2010:921), the law Plan and Building act (2010:900) or the Foreign law or the Law of Foreigners (2005:716). Some of these courts are operated as divisions within courts of the general or general administrative courts. The special courts usually determine cases at the lowest level of the court system or at the first appeal level of the court system.
A number of authorities are also very similar to special courts in the way they operate:
Sweden has a penal law system, a civil law system and an extensive system of administrative law, all with laws created by the Parliament of Sweden. The Swedish internal law is by law subject to EU-law, international law and the European Convention on Human Rights. [24] [25] [ non-primary source needed ]
Sweden allows for the court's free evaluation of evidence, including hearsay evidence. [26]
The role of judicial review of legislation is generally not practiced by the courts; instead, the Council on Legislation gives non-binding opinions on legality. [27] [ needs update ] Courts are not bound by precedent, although it can be influential. [28]
The Ministry of Justice, a cabinet-level department in the government of Sweden headed by the Minister of Justice. It is primarily concerned with legislation concerning the judiciary. [29] The actual day-to-day administration of the courts is the responsibility of the National Courts Administration (Domstolsverket). [29]
After completing their legal education, graduates may become judges, prosecutors, or private attorneys. [30] The government is the principal employer of law school graduates. [31]
Judges start their career by applying to the Ministry of Justice, who accepts about 30% of applicants. [30] They begin their training as assistants and court clerks for about 2 years, and after candidates pass the appropriate test, are assigned to a district court. [32] After a broad range of assignments that may last up to 8 years, the government determines appointments and promotion of judges to permanent positions. [28] [33] Appellate judges sometimes must wait until they have 20 years of experience before they are appointed. To be appointed as an appellate judge, a judge must have the correct balance of good academic scores, solid research papers, several years of 'notable' litigating practice at both district and appellate courts, and voluntary service as providing legal aid as well as guest faculty providing lectures at Law Schools. [28]
Swedish prosecutors are lawyers who are employed by the Swedish Prosecution Authority (Swedish : Åklagarmyndigheten) and who direct the work of the police in cases concerning criminality. The prosecutor decides on whether to bring charges in a case, and appears in court. [33] In all criminal cases, the prosecutors make decisions concerning arrests and charges on behalf of the public, and are the only public officials who can make such decisions - there is a possibility, rarely used, for private individuals to present a private prosecution (enskilt åtal) as well. (The exception is cases concerning crimes against the freedom of the press, for which the Chancellor of Justice acts as prosecutor.) In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but is under an obligation to investigate and present information which is to the advantage of the defendant as well as to his or her disadvantage. [34] He is not a member of the bench, nor does he participate in the private deliberations of the court.
The prosecutor is also the only public official who can decide to appeal public prosecution cases to courts of appeal. (As well as the defence, victims, their representatives and other parties to the case (målsäganden) can also appeal.) When a case has been decided by a court of appeal, the right to appeal to the Supreme Court passes from the prosecutor of the individual case to the Prosecutor-General of Sweden (Swedish : riksåklagaren). [33]
The Chancellor of Justice (justitiekanslern) is by law a direct subject of the Government of Sweden, [35] the chief legal advisor to the government and the Minister, represents Sweden in civil litigation, and also has oversight responsibility similar to that of an ombudsman. [29] The Chancellor also has duties with respect to the Freedom of the Press Act and the Fundamental Laws on Freedom of Expression, two of the four constituent pieces of the Constitution of Sweden. [29] The Chancellor is the sole prosecutor in cases concerning offences against the freedom of the press and the freedom of expression. [36]
A lawyer becomes an advokat or advocate when they are admitted to the Swedish Bar Association after they graduate from law school as a Candidate of Law and have practiced law for at least 3 years. [33] A board of the Swedish Bar Association supervises members and may disqualify an advokat from practicing law. [37] The Prosecutor General may request the board take action pursuant to the Code on Judicial Procedure. [38]
Compared with other countries, the number of attorneys (advocates) in private practice is small. [37]
In principle, only an advokat are appointed as a public defender, though the advocate title is not a hardened requirement. The person assigned a "public defender" may however reject the defender and has a legal right to represent himself or herself, and may also choose their own defender, who may or may not be a member of the Swedish Bar Association. [39]
In Sweden, lay judges (nämndemän, also known as lay assessors) sit alongside professional judges in district and appellate general and administrative courts. [40] Lay judges are always in the majority in district courts, whereas the professional judges are in the majority in the appellate courts.
Municipal assemblies appoint lay judges for the district courts and the county councils appoint lay judges for the appellate and county administrative courts. [40] [33] They are appointed for a period of 4 years, and may not refuse appointment without valid excuse such as an age of 60 years. [40] Typically, a lay judge will serve one day per month in court during his or her tenure.
In principle, any adult can become a lay judge. [41] Lay judges must be Swedish citizens and under 70 years old. [40] People that cannot be lay judges are judges, court officers, prosecutors, police, attorneys, and professionals engaged in judicial proceedings. [40] In practice, lay judges in Sweden are more elderly, wealthier, and better educated. [41] Lay judges are usually politicians from the local authority from which they are appointed, appointed in proportion to political party representation at the last local elections. [42] [43] [44]
The use of lay judges in Sweden goes back to medieval times, for instance the Law of Uppland (1296). [40] [44]
Jurors (jurymän) who decide cases outside the presence of judges are only used in press libel cases and other cases concerning offenses against freedom of the press. [45] [46] Unless the parties agree to waive a jury trial, the question of whether or not the printed material falls outside permissible limits is submitted to a jury of nine members. [45] [46] In these cases, six of the nine jurors must find against the defendant, and may not be overruled in cases of acquittal. [46]
The most frequently prosecuted offence under this act is defamation, although in total eighteen offences, including high treason and espionage, are covered.[ citation needed ] Sentencing is the sole prerogative of judges.[ citation needed ]
Jurors are appointed for each county by the county or municipal council for four-year terms, divided into two groups of sixteen and eight jurors, or twenty-four and twelve jurors for Stockholm County, where jurors in the second group should be or have been lay judges in the ordinary or administrative courts. [47] Jury members must be Swedish citizens and resident in the county in which the case is being heard, they must be of sound judgement and known for their independence and integrity, and combined, they should represent a range of social groups and opinions, as well as all parts of the county. [48] From this pool of available jurymen the court hears and excludes those with conflicts of interest in the case, after which the defendants and plaintiffs have the right to exclude a number of members, varying by county and group. [49] The final jury is then randomly selected by drawing of lots. [50]
The European Court of Human Rights has in a few cases determined that the outcome of such "random" selections of juries or court members may cause violations of the convention of human rights if the resulting selection of jury does not appear to be impartial or independent from the parties of the case or the matter. [51] [ non-primary source needed ]
Legal education in Sweden results in a master of law degree after about 4–5 years of study. [31] Sweden has several law schools:
The government is the principal employer of law school graduates. [31] Compared with other countries, the number of attorneys in private practice is small. [37] There are about 100 law professors in Sweden. [53]
The Ministry of Justice, a cabinet-level department in the government of Sweden headed by the Minister of Justice, is primarily concerned with legislation concerning law enforcement. [54] The main body for law enforcement in Sweden is the Swedish Police Authority. The Prison and Probation Service is the government agency handling prisons in Sweden.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
The judiciary of Germany is the system of courts that interprets and applies the law in Germany.
The Courts of Denmark is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act taking effect 1 January 2007 which also significantly reformed the court system e.g. by removing original jurisdiction from the High Courts and by introducing a new jury system.
The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was no notion of judicial review nor any Supreme court since 1991's Ukrainian independence when it started being slowly restructured.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice, and the various courts' presidents. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.
The judiciary of Norway is hierarchical with the Supreme Court at the apex. The conciliation boards only hear certain types of civil cases. The district courts are deemed to be the first instance of the Courts of Justice. Jury (high) courts are the second instance, and the Supreme Court is the third instance.
The judicial system of Greece is the country's constitutionally established system of courts.
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is the historical meaning of this word.
The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
The Judiciary of Indonesia constitutionally consists of the Supreme Court of Indonesia, the Constitutional Court of Indonesia, and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the public courts, religious courts, state administrative courts, and military courts.
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial, or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. The courts are administered by the Kosovo Judicial Council.
The district courts of Sweden are the court of first instance for the general courts in Sweden. The next instance are the courts of appeal. The district court handle criminal cases, some civil law disputes and a number of non-contentious matters. There are 48 district courts across Sweden, and the catchment area is based on the geographic boundaries of several municipalities. The number of employees vary, from ten to several hundreds.
The courts of appeal in Sweden are the second instance on issues relating to criminal cases, contentious cases and other judicial issues that have already been dealt with by a district court. The next and final instance is the Supreme Court. The appellate court may in some circumstances require a leave to appeal, meaning they will only proceed with a case if there is reason to believe they might arrive at a conclusion different from that of the district court or if it is deemed important to establish a precedent.
The administrative courts in Sweden are the court of first instance for the general administrative courts in Sweden. The next instance are the administrative courts of appeal. The administrative courts handle numerous types of cases relating to disputes between private persons and the authorities. There are 12 administrative courts spread across Sweden.
The administrative courts of appeal in Sweden is the second tier for the general administrative courts in Sweden. The next and final instance is the Supreme Administrative Court. There are four administrative courts of appeal, and they mostly handle cases and other judicial issues that have already been dealt with by the lower courts. In addition to this, they also act as court of first instance in cases related to the principle of public access to official records.
Chapter 2 Fundamental rights and freedoms. Section 19: "No act of law or other provision may be adopted which contravenes Sweden's undertakings under the European Convention for the Protection of Human Rights and Fundamental Freedoms. "
Chapter 11 Law enforcement. Section 14: "If a court finds that a provision conflicts with a rule of fundamental law or other superior statute, the provision shall not be applied. The same applies if a procedure laid down in law has been disregarded in any important respect when the provision was made.
In the case of review of an act of law under paragraph one, particular attention shall be paid to the fact that the Riksdag is the foremost representative of the people and that fundamental law takes precedence over other law."
The choice by the local community is now reflected in the appointment of the nämnd by the local authority. … Nämndemän are usually chosen from members of the authority in proportion to the political representation at the last local elections.
