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Regulation (1996:382) With Administrative Legal Instruction

Original Language Title: Förordning (1996:382) med förvaltningsrättsinstruktion

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paragraph 1 of each administrative law includes a Chief Judge who is

Administrative Director of administrative law. Judge is responsible

for activities and shall ensure that it is carried out effectively

and under current law and the obligations arising from the

Sweden's membership in the European Union as well as to

administrative law do well with State funds.



In administrative courts are also senior aldermen, aldermen,

assessors, förvaltningsrättsfiskaler,

administrative legal notaries and other employees.



Unless otherwise specified, the provisions in this regulation concerning the

Alderman also apply to Chief District Court judge.



With the Administrative Court referred to in this regulation the Chamber right

during which the Administrative Court hears. Regulation (2009:885).



1 a of the Judge is obliged to implement the administrative law

the internal management and control as the Swedish national courts administration is responsible

for under the Regulation (2007:1073) with instruction for

The Swedish national courts administration. Regulation (2009:885).



paragraph 2 of the administrative court may decide that the Court should be

divided into departments. Head of a Department is judge

or a Chief District Court judge. If it's in a Department that is not led by

several aldermen, Chief Judge chief judge determines who of

Chief rådmännen who is the boss. The head of the Department leads

the work on this and the benefits service in right after

consultation with the judges of the Division.



The administrative court may also decide that the Court should be

divided into other organisational units than departments.

Tasks involving the leadership of the ordinary judge may

However, be exercised only by the Chief Judge or a Chief District Court judge.

Regulation (2014:1407).



section 3 of the administrative courts in Stockholm, Malmö and Göteborg

There is an administrative unit, headed by a Director.

Regulation (2009:885).



section 4 of the Chief Judge is responsible for förvaltningsrättsfiskalerna in

his service, a comprehensive and developmental education

According to the educational plan that courts have decided in

consultation with the Chamber. The judge also provide testimonials of

förvaltningsrättsfiskalernas service.



For each förvaltningsrättsfiskal, a regular judge

appointed as supervisor. The supervisor shall be appointed who have

special interest and is otherwise appropriate for the mission.

Regulation (2009:885).



paragraph 5 of the Councillor responsible, having regard to the opinion of the Board of Notaries

regulations on the law clerk, to

administrative legal notary of his service receive a

comprehensive and challenging education. Regulation (2009:885).



5 a of A juror who has been designated for service in

the Court should undergo induction training before

service begins.



If a juror has undergone induction training should

He or she shall undergo recurrent training within six months

After beginning employment.



The judge shall, after consultation with the judiciary, responsible for

to the lay judges be given introductory and refresher training

and regular information. Regulation (2014:1357).



Scope of authority



section 6 of the Following regulations in the Government agencies Ordinance (2007:515)

apply to administrative privileges:



section 6 of General information,



section 8 if the employer's policy,



19 § about cost implications, and



paragraph 21 of the decision of the Agency.



The provisions of sections 19 and 21 applies, however, only in the case of

administrative issues. Regulation (2009:885).



The distribution of meals, etc.



section 7 of the basics for the allocation of functions and the

the other provisions necessary for the operation of the

the administrative court shall be set out in the rules of procedure.



The Swedish national courts administration Announces General advice on the design of

the rules of procedure. Regulation (2009:885).



7 a § administrative law, of the rules of procedure Info

regulations or in a particular case, decide who gets

ask for explanations, information or opinions in

administrative issues. Regulation (2009:885).



section 8 Goals shall be divided between the organizational units

specified in the rules of procedure.



The distribution of the target shall be effected by the drawing of lots. Exceptions to the

the requirement on balloting may be made



1. for the objectives of the particular species,



2. for the destination from a certain part of the jurisdiction,



3. in order that the objectives that have to be dealt with correlation

of the same organizational unit, and



4. in order to achieve the allocation of cases between the

the administrative law judge that meets the requirements of 10 and

24 § § and otherwise seems reasonable. Regulation (2009:885).



9 repealed by Regulation (2003:327).



10 § förvaltningsrättsfiskal shall not be assigned to

tasks to a greater extent than is appropriate with

account of the fiskalens experience of work in court. A

Assistant judge shall not be assigned duties that require special

experience. In the allocation of tasks to

fiskalens need to participate in education are taken into account.



In addition the judge responsible supervisor to

the allocation of tasks to fiskalen place at the

as specified in the first subparagraph. Regulation (2009:885).



section 11 of the judge announces the necessary guidelines for the application

of the rules of procedure.



12 § Judge parts for a certain time in the judges to

service in administrative law.



The classification shall be made so that the judges may experience of various kinds

of the target. Regulation (2009:885).



section 13 if there are special reasons, the judge may decide

temporary deviations from what has been decided, with the support of 7 or

section 12.



The handling of the case



section 14 for each objective, it should at all times be a

the responsible judge.



The first subparagraph shall not apply to cases that notaries management legal

administers by virtue of dispositions in accordance with §§ 20 and 21. For

such objectives are responsible it ordered.



The detailed responsibilities shall be

the rules of procedure. Responsibilities should be arranged so that

responsibility can be exercised effectively.

Regulation (2009:885).



section 15 if the jurors involved in the decision, determined a target or a

issue that has come up in a goal after the presentation.



Has the goal or the question been reviewed in its entirety at a

hearing, the proceedings or the matter be settled without

presentation, if the decision is communicated within four weeks after the

the date the hearing was completed. Regulation (2003:327).



section 16 of the targets is made up of staff who have been appointed

In addition.



Preparation of the objectives referred to in 16 skattebrottslagen

(1971:69) is led by a professional judge, assessor

or a förvaltningsrättsfiskal.



A case or an issue that has come up in an objective,

immediately be reported to the responsible magistrate, if the target or

the issue requires urgent ruling. Regulation (2009:885).



section 17 a case shall be settled as soon as possible. A goal or a

issue that has come up in the course of proceedings shall be dealt with as a matter of priority, if

the goal or the issue of any particular reason should be settled promptly.

The objectives are the priority targets are determined in the rules of procedure.



section 18 of the judgment or other decision shall be notified as soon as

can be made and no later than four weeks after the date of the report

ended. If the administrative court decides a case after a

hearing, the time is counted from the date of the hearing

ended.



Can the judgment or decision is not notified within four weeks

account of the target's or query's nature or due to any

other special reasons, the administrative court may decide that the judgment

or the decision shall be communicated within specified time.

This should not be longer than is strictly

necessary. Regulation (2009:885).



section 19 of the Chief Judge may appoint notaries and others who have

sufficient knowledge and experience and who are employed by the

the administrative court or at a District Court in the same city as

the Administrative Court, on its own responsibility



1. to the extent that the judge determines manage such

correspondence arising from the provisions of laws or other

constitutions,



2. sign and expedite summonses, subpoenas,

dispositions and other messages,



3. perform administrative tasks on the judge of the Court or

connection with the service;



4. sign and dispatch letters, notifications,

announcements and information as the administrative court or judge

shall issue or issue related to judgments or decisions,



5. receive appeals against the judgments of the administrative or

decision and examine whether the appeal has come at the right time

and, if so, to take the measures that this prompts,



6. appoint an interpreter,



7. decide on the compensation or advances by General

resources for anyone involved in the case or matter and

on the compensation for the performance of duties under Chapter 21. section 2 of the

the parental code, and



8. to the extent that the judge determines perform other

tasks that are not under the law

must be performed by someone who is legally qualified.



An order pursuant to the first subparagraph 4 for someone who is not

legal expert must not involve the performance of duties as referred to in

specific provisions shall be carried out by someone who is legally qualified.

Regulation (2009:885).



section 20 of the Chief Judge may appoint a managing law clerk program

have served at least one year and are deemed to have sufficient

experience and otherwise be suitable on own responsibility



1. process the goal of withdrawal of driving licence, a driving licence

or tractor licence licence Act (1998:488),



2. appraising target about repayment of financial aid and student loans

According to the study support Act (1973:349) or study support act

(1999:1395),



3. deal with matters of assistance under social services law

(1980:620) or the Social Service Act (2001:453),




4. deal with cases involving a question of importance for the

income tax, but only if the value of what is claimed in

the goal clearly does not exceed half of the price base amount

According to Chapter 2. 6 and 7 of the social code,



5. handling the case according to the law (2001:82) about Swedish

citizenship, and



6. deal with the case if the matter is obvious.

Appointed in accordance with the first paragraph may only relate to the objectives of

simple nature that does not require specific experience. The

officer judge or the judge he or she elects to

After examination of each case determine whether the objective is of

such a nature that it can be dealt with by a notary.



When a notary handling the contentious case to jurors always

participate in the decision. Regulation (2010:1696).



20 a of the Chief Judge may appoint a managing law clerk program

have served at least one year and are deemed to have sufficient

experience and otherwise be suitable on own responsibility without

participation of jurors deal with the case according to the law (2004:629)

If congestion charges. Regulation (2009:885).



paragraph 21 of the Chief Judge may appoint a managing law clerk program

have served at least one year and six months, and is deemed to have

sufficient experience and be appropriate to, in addition to

as specified in §§ 20 and 20 (a), on his own responsibility, deal with target

of simple nature that does not require specific experience.



In the case of information referred to in the first subparagraph, the

officer judge or the judge he or she appoints after

examination of each case determine whether the objective is of such a nature

that it can be dealt with by a notary.



When a clerk handling the case after an order under

the first paragraph, the jurors always participate in the decision.

Regulation (2009:885).



section 22 is repealed by Regulation (1997:1118).



section 23 of the Dispositions referred to in §§ 20 and 21 should be reviewed on an ongoing basis.



For the purposes of 20, 20 a or section 21 or paragraph 41

paragraph, the law clerk under clerk regulation

(1990:469) counts as service as

administrative law clerk even if not completed at the

an administrative law. A management law clerk may, however,

not appointed under any of these sections before he

or she through service at an administrative law has

gained sufficient experience in the area designation

refers to. Regulation (2009:885).



section 24 of the Chief Judge or a Chief District Court judge should be involved when a case is decided, if

There are special reasons for the target species.



Information on oral proceedings



section 25 for each day on which the meeting is held for oral

hearing the administrative court shall draw up a list

of the objectives which have been subjected to hearing (petition list).



On the list roll for each target or group of targets

specified when the hearing is expected to start.



During the day, the petition list be made available

on the registry and be allocations at the appropriate place in

connection to the place where the hearing takes place.

Roll list shall be available to the general public on the Court's

Office no later than on the day immediately preceding

the date of the meeting. Regulation (2009:885).



The handling of administrative cases



paragraph 26 of Administrative cases is determined by the judge.



The judge may refer the cases to the College or, in the case of a

administrative law that has plenary but not College, to

plenary.



College will be located in the administrative courts in Stockholm,

Malmö and Gothenburg. Regulation (2009:885).



section 27 Plenary consists of the Chief Judge as Chairman and all that

is or has temporary employment as a District Court judge, assessor

or förvaltningsrättsfiskal. Regulation (2009:885).



section 28 of the College consists of the Chief Judge as Chairman, one or

two senior aldermen and the head of the administrative unit.



For every other Member than the Chief Judge and the head of the

administrative unit there should be a personalized replacement,

entering at maturity for the honourable Member. The replacement shall be

a Chief District Court judge.



Members and deputies are appointed by the plenary. They shall be

employed by and serve in administrative law. They shall

be appointed for a period not exceeding one year at a time. Regulation (2009:885).



section 29 administrative matters shall be determined in accordance with

the individual judge's independence in judicial and

law-enforcement tasks.



The judge shall consult with the College or, in the case of a

administrative law that have a full Court but not the College attended by the plenary

before he or she decides cases involving



1. the more important issues of administrative and commercial organisation or

forms of work, or



2. the rules of procedure. Regulation (2009:885).



section 30 is repealed by Regulation (2004:1214).



section 31 Has been repealed by Regulation (2004:1214).



32 § Judge may Commission a Department or someone who is

employee of the administrative court or at a District Court in the same

resort management the right to determine in its place

administrative issues.



The judge may however only Commission one Chief District Court judge to determine

such matters as referred to in 19-21 and 23 sections.

Regulation (2009:885).



33 § in administrative issues as having been referred by

the judge is handled in the plenary or in the College are

the administrative court a quorum when at least half of the members

who should be involved are present. Regulation (2009:885).



34 § administrative issues that are dealt with in the plenary or in the

College is determined after the presentation unless the judge determines

something else. Such cases are preferred by the Chief Judge

appoints. Regulation (2004:1214).



Employment, etc.



repealed by regulation 35 (2010:1805).



section 36 Regulations concerning the appointment of the Chief Judge, the Chief District Court judge, and

District Court judge, see Act (2010:1390) appointing

judge.



The administrative court shall notify the Judicial authority when there are

a vacant position as ordinary judges who need

be added.



If a judge has granted leave, which is expected to be

at least one year in a row, hired a substitute by decision of

the Government, after proposal by the Board of judges. The same applies if a

such a judge for anything other than vikariats purposes should be employed

for a limited time.



At temporary employment as a judge does not apply

paragraph 5 of the second paragraph, Act (1982:80) employment protection.

Regulation (2010:1805).



37 § Förvaltningsrättsfiskaler is hired by decision of

the administrative court. Such appointments may be made to the

served at least one year as a junior judge, or

legal clerk.



The Swedish national courts administration decides how many förvaltningsrättsfiskaler

that should be employed in an administrative law.

Courts may hand over to the Court, or

the administrative court to decide this.



Does not apply when employing förvaltningsrättsfiskaler 6

and 7 of the Employment Ordinance (1994:373).

Regulation (2009:885).



38 section an order of a Chamber legal assessor to carry out

judgments in an administrative law under paragraph 45

Regulation (1996:380) with Chamber legal instruction given by

the administrative court. Regulation (2009:885).



39 § Administrative legal notaries are employed by decision of

The Swedish national courts administration pursuant to the provisions in the regulation of notaries

(1990:469).



Only Swedish citizens may hold or exercise a

employment as an administrative law clerk.

Regulation (2009:885).



40 section Other positions are decided by the administrative court.

Regulation (2009:885).



41 section the judge shall have one representative. He or she

be appointed by the administrative court.



If a District Court judge is vacant, he or she should in the first place

replaced by the tasks should be redistributed.



As a replacement for the Chief Judge or a District Court judge, the

be hired who are or have been ordinary judges or that are

or have been a member or Assistant judge in the Chamber right or

Court of appeal, or for at least six months, carried out a

Chamber legal or court fish als tasks. If the

There is no such permissions available that

replacement of the Chief Judge, the Court shall order a

administrative law clerk who has served a total of at least

one year and six months and in that time have had

dispositions pursuant to §§ 20 and 21 to the extent that he

or she can be presumed to have had sufficient experience. A

the appointment must not, however, include the processing of the case or

cases that are extensive or difficult or require

particular experience.



If it is not possible to solve the ersättarbehovet on the way

referred to in the first to third subparagraphs, administrative law

hiring a stand-in for chief judge or a District Court judge, if the

substitution is estimated to be a maximum of one year in a row.



As a substitute for the Chief Judge or a District Court judge, the

appointment as is, or has been, ordinary judges or as

the case is Chamber-or associate judge. If there is no

someone with such credentials are available and if the substitution

is estimated to be only six months, as a substitute for a

Alderman also the appointment as has been a member or Assistant judge

in the Chamber right or court or for at least six months

has performed an orchestral legal or court fish als

work tasks. Regulation (2013:397).



section 42 If a chief judge is prevented from exercising his employment and

If any substitute or Deputy has not been designated or

employed by the Government or the Administrative Court, the

the administrative court shall order a replacement. Regulation (2009:885).



43 § the temporary working accumulation, administrative law

hire the which is or has been a judge or


is or has been a member or Assistant judge in the Chamber right or

Court of appeal, or for at least six months, carried out a

Chamber legal or court fish als tasks to

occasional, brief periods to carry out judgments information in

the administrative court. Regulation (2009:885).



section 43 (a) in an administrative law in the same city as a District Court may

the judge, with the employee's consent, appoint ordinary and

non professional judge at the District Court to serve on the

the administrative court. A mandate is given for some time.

Regulation (2009:885).



paragraph 43 (b) Before a jury begins a period of service in the

the court administrative law to obtain information about him

or her from criminal records pursuant to Regulation

(1999:1134) on load records, unless it meets some

obstacles, under section 7 of the Act (1998:620) on load records.

Regulation (2014:910).



Holidays



44 section unless the Government or the judiciary according to specific

regulations on leave for judges to decide whether the leave,

Decides that the Administrative Court for leave for its own staff.

Regulation (2009:885).



repealed by regulation 45 (1996:1124).



Anställningars termination, etc.



anställningars § 46 issues of termination pursuant to section 6 of the Act (1994:261)

If proxy employment examined by the judiciary. When it comes to

lagmän try the courts Administration also in other questions about employment

cessation. The Swedish national courts Administration also exercises authority

According to paragraph 33 Act (1982:80) employment protection, when

the provision is applicable in relation to workers

is appointed by order of the Government.



47 § State disciplinary board decides on disciplinary responsibility,

notification of charges and dismissal in the case of non-regular

judge of the administrative law.



Courts decide on such matters as regards other

employees than judges. Law clerk Board decides, however, when it

case management legal notaries.



A report to the State's disciplinary board pursuant to section 15 of the first

subparagraph, the Employment Ordinance (1994:373) is made of

administrative law judge other than lagmän.



Of the Act (1975:1339) if the Attorney General's oversight and the law

(1986:765) with instruction for the parliamentary ombudsmen follows

to the Attorney General and the Parliamentary Ombudsmen have permission

making such notification in the case of lagmän.

Regulation (2009:885).



47 a of one professional judge who wish to remain in employment

After reaching the age of retirement obligation shall apply for this

in the Swedish national courts administration. The application shall be submitted to the Swedish national courts administration

not later than four months before the applicant reaches that age. If

Judicial authority considers that the application should not be granted, shall

the case is handed over to the Government. Regulation (2005:769).



48 § questions about sideline referred to in 7-a-7 d of the Act (1994:260)

If public-sector employment is dealt with and examined by the Board of judges when

regards lagmän. Regulation (2008:426).



Appeals against administrative decisions



49 § Förvaltningssrättens decision in other administrative issues

than employment matters may be appealed to the courts, if

not something else is legally required.



The Administrative Court's decision in the case of replacement of a regular

judge may be appealed to the Board of judges. The Board's decision in

such matters may not be appealed.



Decision on the Division of judges on organizational units, if

to a particular case or matter shall be assigned to a particular

organizational unit and on the allocation of responsibility for a

particular goal or case may not be appealed.

Regulation (2009:885).



Transitional provisions



1996:382



1. This Regulation shall enter into force on 1 July 1996.



2. The regulation repeals Regulation (1979:573)

länsrätts instruction.



3. County Court may appoint a County associate judge to perform

judgments of the information referred to in paragraphs 20-21. Regulation (2007:648).



4. At the County legal assessors who have been ordained to fulfil a

County legal fish als data applied 12 and 41 § § and § 47 first

paragraph.



5. In dealing with cases involving 1991 and earlier years

assessments, the provisions of section 21 of the Regulation (1979:573)

länsrätts instruction in its version in force before 1 July 1992, still

applied. In case of late payment fee shall, however, the new provisions

apply to the handling of cases involving the 1991 assessment.



6. the reference in paragraph 20 1 to 35. 4 §

real estate tax assessment Act (1979:1152) apply for the first time in target

relating to property taxation in 1996.



1997:1118



This Regulation shall enter into force on 1 February 1998. In the case of

dispositions issued prior to the entry into force applies to section 20 of the

their older version next to the end of August 1998.



2014:910



1. this Regulation shall enter into force on 1 september 2014.



2. The provision in paragraph 43 (b) apply for the first time for the

jurors who are appointed for a period of service as

beginning January 1, 2015.



2014:1357



1. this Regulation shall enter into force on January 1, 2015.



2. The provision in paragraph 5 (a) be applied first

time for the jurors whose duty period starting on 1

January 2016, even re-elected jurors.



3. Older provisions still apply for the jurors

whose term expires by 31 december 2015.



2014:1407



1. this Regulation shall enter into force on January 1, 2015.



2. For administrative rights before the entry into force has appointed

a legally qualified judges who are not chief judge or Chief District Court judge to

exercise leadership over ordinary judges apply paragraph 2 of the older

the wording, however, until the end of 2017.