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Regulation (1996:380) With Chamber Legal Instruction

Original Language Title: Förordning (1996:380) med kammarrättsinstruktion

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Organization, etc.



§ 1 in each Chamber right there is a Chamber of Justice. In

Combs are also legal rights lagmän Chamber, Chamber legal advice

vice President of the Chamber, Chamber legal advice,

Chamber legal assessors, kammarrättsfiskaler and other employees.



Unless otherwise specified, shall be as prescribed in this

instruction on Chamber legal counsel also applied to the Chamber's legal advice

vice President of the Department. Regulation (2001:985).



2 § Chamber legislative President is the head of Administration for

the administrative court. Chamber legislative President is responsible for the business

and shall ensure that it is carried out effectively and in accordance with the applicable

the right and the obligations arising out of membership in

The European Union as well as to the Administrative Court do well with

State funds. Regulation (2007:1087).



2 a of the Chamber the case the President is obliged to by the Administrative Court

implement the internal control as the Swedish national courts administration

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

for the Swedish national courts administration. Regulation (2007:1087).



paragraph 3 of the Chamber At each of the dishes there are number of

departments administrative court determines as well as an administrative

device. For the administrative unit is a Manager. Regulation

(1998:1803).



4 section a section composed of ordinary members,

Chamber legal assessors or other co-opted members,

kammarrättsfiskaler and other staff as administrative court

determines.



The administrative court classifies members into service on board

the titles for a specific period of time. Regulation (2001:985).



4 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 administrative court shall, after consultation with the judiciary, responsible

to the lay judges be given introductory and

refresher training and regular information.

Regulation (2014:1355).



paragraph 5 of the Director of the President of a Chamber is

Chamber legal President or a Chamber case chief judge. If it is on

a Department that is not led by Chamber President law, see

multiple cams lagmän court case, determines which of

Chamber legal the magistrates who is head of the Department. The Manager of the

the Division leads work on this and divide members

to the service according to the Administrative Court of closer

determines.



Tasks include leadership over ordinary

judges may be exercised only by the Chamber's legal President or a

Chamber legal chief judge. Regulation (2014:1405).



6 § When Combs case President participates in the work of a Department

for the word on his or her Department.



section 7 of the head of the Department, in accordance with the guidelines

the administrative court decides and according to the training plan

The Swedish national courts administration determined in consultation with the Chamber the dishes make sure

to kammarrättsfiskalerna, a comprehensive and developmental

training as well as provide testimonials of their service.



For each junior judge court shall appoint one Member

as a supervisor. The supervisor shall be appointed who have

special interest and is otherwise appropriate for the mission.

Regulation (2014:1405).



§ 8 the head of the Department shall have a Deputy who

assists him or her at work. Deputy is a

the Chief Judge or a Deputy Chairman.



Vice Presidents shall according to the directions that the Administrative Court

also announces special follow Justice on Swed

departments and work to ensure a uniform application of the law.

Regulation (1998:1803).



8 a of the rules of procedure shall notify the Administrative Court

regulations that are needed for the organisation of the Chamber and

the forms of orchestral activities of the Court.



A Chamber may of its rules of procedure provide or

in a case to decide who gets to ask for explanations,

information or opinions in administrative matters.

Regulation (2007:1087).



Scope of authority



§ 9 the following provisions in the Government agencies Ordinance (2007:515)

applied to orchestral 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 (2007:1087).



The distribution of the target



section 10 of the target 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 Swed

judges who otherwise appear to be reasonable. Regulation (2003:326).



repealed by section 11 of the Regulation (2003:326).



section 12 is repealed by Regulation (2003:326).



section 13 Has been repealed by Regulation (2003:326).



section 14 of the administrative court notifies the additional provisions

required if the distribution of the objectives of the organizational

the devices. Regulation (2003:326).



The handling of the case



section 15 For every goal, there shall at all times be a

the responsible judge.



The detailed responsibilities shall be shown by

the rules of procedure. Responsibilities shall be arranged so that

responsibility shall be exercised in an effective manner.

Regulation (2003:326).



section 16 of a single judge may take measures for the preparation of

objectives. He or she shall not, however,



1. dismiss the investigation, or



2. adopt the measures referred to in paragraph 34 1-6

administrative judicial procedure Act (1971:291).



The judge may decide on the cancellation of the target after the withdrawal.



If there are special reasons shall judge for Division

refer a question to which he or she is competent to deal with.

Regulation (2003:326).



section 17 of the administrative court may appoint employees with sufficient

knowledge and experience as closer is shown by

second subparagraph shall, on his own responsibility, prepare the case or cases on the way

as indicated in paragraph 16. An order for a

court clerks may not, however, relate to issues of public

counsel and legal aid.



Dispositions referred to in the first subparagraph may not relate to goals or

issues that require special knowledge or experience. Arise

an issue that requires particular knowledge or experience, the

who is responsible for the preparation of the report the issue immediately

responsible judge. The same applies to an issue that should be referred

to the Department. The administrative court announces additional instructions

If after such notification shall be made. Regulation (2006:90).



section 18 of the administrative court may appoint employees with sufficient

knowledge and experience, on its own responsibility



1. keep diaries,



2. request documents from a under,



3. in so far as the Court determines manage such

correspondence arising from the provisions of laws or other

constitutions,



4. sign and expedite summonses, subpoenas and other

messages,



5. perform orchestral and commercial tasks in connection with the service;



6. dispense judgments, decisions, minutes and other documents,



7. bring the notes about the rättshjälpskostnader that has

provided for,



8. issue the lagakraft-and registration certificate,



9. carry out tasks under the Regulation (2003:234) if time

for the provision of judgments and decisions, etc. and

fee Regulation (1992:191),



10. decide on compensation in accordance with the Regulation (1982:805) if

reimbursement of public funds to the witnesses, etc., for compensation

to the interpreters and for compensation for the performance of duties under

21. 2 § parental code,



11. management of imprest Fund and pay out cash advances and

benefits of public funds to parties, witnesses, experts

et al.,



12. receive appeals against the judgments of the Court or a Chamber decision

and examine whether the appeal has been submitted in a timely manner and, if

is the case, take the actions that this raises, and



13. appoint an interpreter.

Regulation (2003:242).



section 19 of the objectives will be determined after the presentation. If a hearing

the presentation takes place may be limited.



The objectives are preferred by employees who have sufficient knowledge and

experience. Regulation (2006:90).



section 20 a case shall be settled as soon as possible. A goal or

one question that has come up in the course of proceedings shall be dealt with by

priority, if the target or the issue of any particular reason should

be settled promptly. The objectives are the priority targets are determined in

the rules of procedure.



paragraph 21 of the judgment or decision shall be notified as soon as it can

take place.



Can the judgment or decision is not notified within four weeks after the

presentation with respect to the target's or query's scope

or art in General, or for any other reasons, the

the administrative court decide that the judgment or decision shall be communicated to the

within specified time. This should not be longer than that

is strictly necessary.



section 22 in dealing with two or more members shall

the Chairman be professional judges of the administrative court or by

the Government for some time employed Combs case chief judge or

Chamber legal counsel and vice President of the Department. When three

or several members participating in case shall

at least one member be or have been regular

judge. An employee of the Government for some time Alderman in

administrative law is equated this with an ordinary judge.



If there are special reasons, appeal to specific

order the who have been regular judges of the Chamber right or


the ordinary judge of another Chamber has the right to

serve as Chairman. Regulation (2009:883).



22 a of her part In the composition of the reinforced

According to Chapter 16. section 3 of the Aliens Act (2005:716), President

or a chief judge presiding. The other members shall be

or have been regular judges. Regulation (2006:90).



section 23 of the Chamber's legal President should participate when the Court determines

the target, if there are special reasons, taking account of the target species.



section 24, the head of Department decides when specific members

in dealing with matters of property taxation shall be called in.

The Manager also determines which specific members

called to relevant expertise shall be represented in each

goal.



Special members shall not be called in to the handling of



1. cases involving a question of law that does not require technical

expertise,



2. targets in a series of special members have participated, when

the Administrative Court has decided any other goals in the series, and the

terms that occur in the case has been tried in the second goal,

or



3. proceedings relating to taxation of property that consists of undeveloped land

or as the main part is used for residential purposes, if

It is not because of the nature of the reasons for that special

members participate in the proceedings. Regulation (1998:1803).



The handling of administrative cases



section 25 of the Administrative cases are determined by the Chamber's legal President.



Chamber legal the President may refer the cases to the College.

Regulation (2004:1212).



section 26 of the plenary consists of the Chamber's legal President as President,

Chamber legal the magistrates, judicial councils judicial Chamber assessorerna Chamber

and the co-opted members who serve for at least six

months, and the head of the administrative unit. In the plenary

Adds all of the Government for some time employed

Chamber legal lagmän or Chamber legal counsel and vice President.



paragraph 27 of the College consists of the Chamber's legal President as President,

one or more Chamber legal lagmän, but no more than three, and the Manager

for the administrative unit.



For every other Member than Combs case President and Chief

of the administrative unit shall have a personal

Deputies, entering at maturity for the honourable Member. The Deputy

must be a Chamber case chief judge or, if one does not exist

available, a Chamber vice President legal advice on

title.



Plenary elects the members and deputies of the College.

Members and deputies shall be employees of the Administrative Court

and serve there. They are appointed for a period not exceeding one year at a time.

Regulation (2004:1212).



section 28 was repealed by Regulation (2004:1212).



section 29 is repealed by Regulation (2004:1212).



section 30 of the administrative matters shall be determined in accordance with

the individual judge's independence in judicial and

law-enforcement tasks.



Chamber legal the President shall consult with the College before he

or she decides cases involving



1. more important questions about the organisation of the Chamber or

forms of work, or



2. the rules of procedure.



Before cases on approval for the employment of

Chamber legal assessors determined consultations shall take place with heads of

the departments where the fiskalen longer has served

as an adjunct member. Regulation (2004:1212).



section 31 Has been repealed by Regulation (2004:1212).



32 repealed by Regulation (2004:1212).



33 § Combs case the President may instruct a Department or

someone who is employed by the administrative court to determine his place

administrative issues. A composition of Department

decision of an administrative case is determined by the

Chamber legal President. Regulation (2004:1212).



34 § in administrative issues as having been referred by

Chamber legislative President is handled in the College's administrative court

a quorum when at least half of the members who will attend are

at present. Regulation (2004:1212).



35 § administrative issues that are dealt with in College, is determined

After the presentation, unless the Chamber legal President determines

something else. Such cases are preferred by the

Chamber President appoints law. Regulation (2004:1212).



Employment, etc.



36 repealed by Regulation (2010:1803).



37 § Provisions concerning the appointment of the president of the Chamber, legal

Chamber legal Chief Judge, who is also the Vice-President of the Chamber legal advice on

Department and other Chamber legal advice Act (2010:1390)

appointing judges.



The administrative court shall notify the courts when there is a

casual employment as professional judges who need to be added.



If a Chamber case chief judge or a Chamber legal counsel and Deputy

President of title has been granted leave is calculated

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 substitute for regular judges

does not apply to paragraph 5, second subparagraph, Act (1982:80) if

employment protection. Regulation (2010:1803).



38 section Other positions are decided by the administrative court.



Only Swedish citizens may hold or exercise

positions as head of the administrative unit or as

a junior judge. Regulation (2001:985).



section 39 when hiring Chamber legal assessors and

kammarrättsfiskaler does not apply sections 6 and 7

Employment Ordinance (1994:373).



An application for employment as a junior judge ceases to

apply six months after the date on which it has been received by the

the administrative court. When an application has expired, the

the applicant shall be informed of the Regulation (2001:985).



40 § As Associate Judge of the Chamber may only be employed who have

served



1. for one year as a junior judge,



2. for two years as Chief Judge, District Court judge or Assistant judge in

administrative law, and



3. for a period of one year as an adjunct member of the Chamber right.



An associate judge may be employed to perform a

Chamber legal assessors work tasks.



For Assistant judge who served in the courts with administrative

data gets half of the length of service, up to and

by six months, comparable to service as Assistant judge in

administrative law.



In cases other than those referred to in the third subparagraph shall be assimilated

service as Assistant judge in administrative law up to and including

six months of service in other court or

quasi-judicial Board provided that fiskalen has

served at least six months as förvaltningsrättsfiskal

before the time desired be credited. Regulation (2009:883).



section 41 As a junior judge may be employed only as



1. meet the requirement under the Ordinance (2007:386)

If proficiency test for competence as judges, etc., and



2. acquired the law clerk, according to the notarial regulation

(1990:469).



The administrative court may in a particular case may decide to derogate from

requirement provided for in the first subparagraph 2, if there are special reasons.



Kammarrättsfiskalen in accordance with the law shall be probationary

(1982:80) employment protection with a trial period of six months.

A junior judge who has completed

överrättsnotarietjänstgöring according to the Regulation (1998:1238) if

experimentation at the courts of appeal and Chamber dishes should not

be probationary.



An official who has completed his probationary period shall

perform a Chamber legal fish als tasks.

Regulation (2008:424).



42 § When Combs case the President is unable to exercise their

employment or when the position is vacant, is exercised

the employment of the senior Chamber Law Office of

ordinary members, if the Government does not have hired another

substitute.



section 43 if a member is on leave he or she shall, in the first place

replaced by the tasks should be redistributed.



As regards the legal lagmän and Chamber Chamber legal counsel and Deputy

the President of the Chamber, the Administrative Court of hiring a substitute if

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

or substitute is hired or employed a Chamber legal advice.



Instead of a vacant Chamber Legislative Council serving a

Chamber legal assessor. Regulation (1996:1122).



44 § administrative court may appoint a member to the adjunct



1. a person who is or has been a judge or

is or has been employed by the Government for some time Chief Judge

or District Court judge,



2. a person who has been hired as a junior judge, or

legal clerk and subsequently served during

a total of at least one year as förvaltningsrättsfiskal,

Assistant judge, District Court judge, or chief judge,



3. a Prosecutor,



4. a legal expert professor or associate professor in a

study subject or any other legally qualified person with

many years of experience in an area of law that occur in

the Administrative Court,



5. a member of the Swedish Bar Association, or



6. the as before has been co-opted.



The administrative court may, for a particular case or a particular

meeting day to Adjunct member, appoint a person who has

served at least one year as a junior judge but does not

meets the requirements of item 2 of the first paragraph, where a competent

a member is not available. Regulation (2009:883).



paragraph 44 (a) Before a jury begins a period of service in the

the Court, the administrative court to obtain information about him, or

her out of criminal records under the Regulation (1999:1134)

If the load tables, if not prohibited under

section 7 of the Act (1998:620) on load records. Law (2014:908).



Tjänstgöringsskyldighet



45 § Chamber legal assessors are required to serve as


Registrar of the Supreme Administrative Court, Chief Judge

or Alderman in administrative law or as a member of another

Chamber right than they belong to.



Chamber legal assessors are also otherwise required to carry out

judgments in an administrative law. Regulation (2010:1803).



46 § Kammarrättsfiskaler who has served at least one year is

obliged to serve as associate judge as grooves and Chief Judge,

the District Court judge or Assistant judge in administrative law. Regulation (2009:883).



47 § Chamber legal assessors or kammarrättsfiskaler is

required to terminate an ongoing service in a

administrative law in order to receive an order in court

or another appointment in an administrative law in

the administrative court. Regulation (2009:883).



Holidays



section 48 unless the Government or the judiciary according to specific

regulations on leave for judges shall decide on

leave, leave for the administrative court decides on its own

staff. Regulation (1996:1122).



49 repealed by Regulation (1996:1122).



50 repealed by Regulation (1996:1122).



Anställningars termination, etc.



anställningars § 51 issues of termination pursuant to section 6 of the Act

(1994:261) if proxy employment be examined with regard to

Chamber legal President by the Government and in other cases of

The Swedish national courts administration.



Courts exercising authority pursuant to section 33 also

second subparagraph, Act (1982:80) employment protection, when

the provision is applicable in relation to workers

is appointed by order of the Government.



repealed by regulation 52 (2001:985).



section 53 of the State disciplinary board decides on matters of discipline, responsibility,

notification of charges and dismissal in the case of

Chamber legal assessors, other co-opted members and

kammarrättsfiskaler.



Courts decide on such matters as regards other

employees than ordinary judges and the employees referred to in

the first paragraph.



A report to the State's disciplinary board under section 15, first subparagraph

Employment Ordinance (1994:373) is made by the administrative court when

for other ordinary judges than the Chamber's legal President and

in the case of employees referred to in the first subparagraph.



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

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

The Chancellor of Justice and the Parliamentary Ombudsman is authorized to

make such a notification regarding the Chamber's legal President.

Regulation (2001:985).



53 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 (2005:771).



§ 54 questions about sideline referred to in 7-a-7 d of the Act

(1994:260) on public employment are handled and examined by

the Government when it comes to the Chamber of Justice. Regulation

(2001:985).



Appeals against administrative decisions



55 the decision of the second Chamber in § administrative issues than

employment matters may be appealed to the Judicial authority, unless the

anything else is legally required.



The decision of the Chamber in the case of temporary positions for professional judges

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

cases 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 (2008:424).



Transitional provisions



1996:380



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



2. The regulation repeals Regulation (1979:571)

Chamber legal instruction.



3. In addition to the provisions of section 40, which Combs associate judge

employed as a County associate judge for at least one year has

completed a provincial legal fish als tasks and for at least

nine months has served as an adjunct member of the

Chamber right.



4. In addition to the provisions of § 41 may as a junior judge

employed as a County Clerk and associate judge

for at least six months has completed a

Chamber legal fish als aspirants tasks.



5. In addition to the provisions of section 44 may appeal to

Adjunct member, appoint a County associate judge who under

at least one year have completed a provincial legal fish als tasks.



6. With a County legal fish als tasks is equated in terms

referred to in 3 and 5 equivalent sentences information in provincial law,

County tax law or real estate tax law before 1 July

1979.



1999:1387



This Regulation shall enter into force on 1 February 2000. For the

who has been hired as a junior judge before 1 February

2000, older provisions. For those who are employed as

a junior judge in the period from 1 January 2000-31

August 2001 the following period in the County right of

to get admitted to the Chamber legal assessor



1. one year and two months for a junior judge who is hired

during the period from 1 January 2000 until 30 april 2000,



2. one year and four months for a junior judge who

hired during the period 1 January 2000 to 31 August 2000,



3. one year and six months for a junior judge who is hired

during the period from 1 January 2000 until 31 december 2000,



4. one year and eight months for a junior judge who

employed from 1 January 2001 until 30 april 2001,

as well as the



5. one year and ten months for a junior judge who is hired

in the meantime, on 1 May 2001 until 31 August 2001.



2001:985



1. This Regulation shall enter into force on 1 January 2002.



2. For those who have been hired as överrättsnotarie before 1

January 2002 applied Regulation (1998:1238) if

experimentation at the courts of appeal and the dishes.



3. For a junior judge who has completed service as

överrättsnotarie under piloting at

courts of appeal and courts as shall be överrättsnotarie the time Chamber

equated with time as a junior judge.



4. For those who started before 1 January 2002 Service

as an adjunct member of the cams right oldest rules.



2006:1418



This Regulation shall enter into force on 1 January 2007. Older

regulations still apply to the appeal of the decision in

such matters relating to the employment of the Chamber legal assessors and

kammarrättsfiskaler given before the entry into force.



2014:908



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



2. The provision in section 44 shall apply for the first time for the

jurors who are appointed for a period of service as

beginning January 1, 2015.



2014:1355



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



2. The provision in paragraph 4 (a) shall 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.