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Regulation (1996:378) With Instruction For The Supreme Administrative Court

Original Language Title: Förordning (1996:378) med instruktion för Högsta förvaltningsdomstolen

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Organization



section 1 of the Supreme Administrative Court is there justice,

Permanent Secretary, Registrar and other staff. It may

also be one or more processing managers.

Regulation (2010:1801).



section 2 of the President of the Supreme Administrative Court is the administrative

the head of the Court. He or she is responsible for the operations and

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

and the obligations arising out of membership in

The European Union and that the Court do well with the State's

funds. Regulation (2010:1801).



2 a of the President of the Supreme Administrative Court is obliged to

before the Court implement the internal control as

The Swedish national courts administration is responsible for under the Regulation (2007:1073)

instruction for the Swedish national courts administration. Regulation (2010:1801).



3 section At the Supreme Administrative Court is a private office. The head of the

the Office is the Permanent Secretary. Regulation (2010:1801).



section 4 of the Supreme Administrative Court may decide that the Court should:

be divided into departments. If the Supreme Administrative Court is

divided into sections, parts of Justice for certain period of time in

Justices to service on the wards. The one that is

President of a Chamber leads the work of the Department.

Regulation (2010:1801).



4 a of the rules of procedure to the Supreme Administrative Court

notify the regulations needed for the Organization of the Court

and the arrangements for the Court's operations.



The Supreme Administrative Court may, in its rules of procedure Info

regulations or in a particular case, decide who gets

ask for explanations, information or opinions in

administrative issues. Regulation (2010:1801).



Scope of authority



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

applied to the Supreme Administrative Court:



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 (2010:1801).



The fate of the objectives



section 6 of the Target shall be distributed among the organizational units

specified in the rules of procedure.



The Supreme Administrative Court decides on guidelines for

distribution of the objectives of the organizational units.

Regulation (2010:1801).



section 7 For each target shall at all times be responsible

processing Manager or the responsible Registrar.



The detailed responsibilities should be set out in the rules of procedure.

Responsibilities should be arranged so that responsibility can be exercised

in an efficient manner.



The Supreme Administrative Court may decide that the preparation of a

the target shall be headed by a justice. In such cases, the responsible

Supreme Court Justice for the measures he or she decides on. The

Justice leading the preparation of a case are involved in

the conduct and outcome of the case. Regulation (2010:1801).



7 a of the members of the Supreme Administrative Court shall

needed, leave the Registrar advice for the preparation of the meals.

Regulation (2010:1801).



paragraph 8 of the Secretary for Justice Chief of preparation and competence at the

formulation of objectives should include the rules of procedure. By

the rules of procedure, it shall also indicate the data that may

be delegated to other employees who have sufficient knowledge and

experience. Regulation (2010:1801).



§ 9 the objectives taken up to the preparation and presentation of the order

they have been submitted, unless circumstances warrant a

different order.



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

be dealt with as a matter of priority, the question of whether any particular goal or

reason should be settled promptly. Regulation (2008:305).



section 10 If a case or an issue that has come up in a goal should

be settled promptly, a processing officer or a

the Registrar shall immediately notify the Permanent Secretary.

Regulation (2010:1801).



repealed by section 11 of the Regulation (2008:305).



section 12 is repealed by Regulation (2008:305).



The handling of administrative cases



paragraph 13 of the Administrative cases is determined by the Highest

the Administrative Court in plenary session or in College, of the Court's

Chairman, by the Permanent Secretary or, if the Court is divided into

departments, on title. Regulation (2010:1801).



section 14 of the plenary consists in dealing with administrative issues

of the justices and the Permanent Secretary. Regulation (2010:1801).



section 15 of the College consists of the Supreme Administrative Court

President, by three other justice specifically designated and of

the Permanent Secretary. The President of the Supreme Administrative Court is

President of the College.



For every other Member than the Supreme Administrative Court

Chairman and Permanent Secretary, there should be a personalized

replacement that comes when he is unavailable.



The members shall be appointed in particular and the deputies for them

be appointed for a period not exceeding one year at a time. Regulation (2010:1801).



section 16 of The Department of composition at key of a

administrative case is determined by the Highest administrative court.

Regulation (2010:1801).



section 17 of the plenary appointed the members of the College and the deputies for

them. In addition, the plenary decided on guidelines for members

service, arrangements for the handling of cases and, if

the Court is divided into departments, departments

composition. In addition, the plenary will be decided cases that have

been referred there by the College or Supreme

the President of the administrative court.



With regard to the processing of the Supreme Administrative Court

cases under the Act (2003:333) if the Council contains provisions

in the Act. Regulation (2010:1801).



section 18 of the College determines the matters relating to



1. more important questions about the Supreme Administrative Court

organization or work that should not be decided in plenary,



2. guidelines for the preparation of the objectives and the allocation of

those on the organizational units as well as for processing management

and the Justice Secretary service,



3. proposals for courts administration in terms of

grant requests,



4. appointment as head of the Registrar for processing or

longer than six months in the case of the College not previously

decided on the employment or the total time

more than six years,



5. other separation from employment and business than

dismissal, and



6. issues such as the President of the Supreme Administrative Court

refers to the College.



The College shall, unless otherwise specifically prescribed, refer the

cases referred to in the first subparagraph to the plenary.

Regulation (2010:1801).



section 19 of the Cases that should not be decided in plenary or in College

or on the title will be decided by the Supreme Administrative Court

President, if they are of such importance that the President should determine

them or the President otherwise has reserved the

the decision-making power.



The President of the Supreme Administrative Court may refer issues

to the College. Cases involving opinions in

legislative matters and is not such that they should be dealt with in

College may be referred to a plenary session. Regulation (2010:1801).



section 20 Other cases than those referred to in paragraphs 13 to 19, is determined by

the Permanent Secretary.



Of the rules of procedure or by specific decision receives the highest

Administrative Court hand it over to any other employee than

the Permanent Secretary to determine matters that are not of such a nature that they

should be determined by the Permanent Secretary. Regulation (2010:1801).



section 21 of the cases that are dealt with in the plenary or in the College are

The Supreme Administrative Court shall form a quorum, if at least half of the

those who will participate are present. When matters of major

weight are dealt with, if possible, should all be present.

Regulation (2010:1801).



section 22 When the President of the Supreme Administrative Court is

absent, it must neither be taken decisions which are of major importance

and may be delayed without the inconvenience or without the President's consent

taken measures to disrupt or change the rules

the Court has announced or guidelines that the Court has

decided. Regulation (2010:1801).



section 23 of the Supreme Administrative Court decides on presentation in

administrative issues. Regulation (2010:1801).



Employment, etc.



section 24 of the Regulations on the appointment of Justice and

Chairman, justice as well as departmental Chairman and other

Justice of the Supreme Administrative Court found in law

(2010:1390) appointing judges.



The Supreme Administrative Court shall notify the courts when

There is a vacant position as justice that need

be added.



Other positions are decided by the Supreme Administrative Court.

Regulation (2010:1801).



section 25 of the employment of the processing Manager and Registrar

do not apply section 6 of the Employment Ordinance (1994:373).



The processing Manager and Registrar are hired for a maximum of four

years with possibility of renewal for a maximum of two years. If the

There are special reasons, the employment shall be extended by

no more than two years.



If the employment will end at the expiry of the term of employment,

does not apply to 30 a of Act (1982:80) employment protection.

Regulation (2010:1801).



section 26 of the only Swedish citizen may hold or exercise

appointment as Permanent Secretary, the processing head or

Registrar.



The processing Manager and Registrar of the Court shall be scholars. If

knowledge of a particular area of law is needed, even

are not legally qualified for appointment as Registrar.

Regulation (2010:1801).



27 § replacement for Justice in accordance with the third subparagraph of paragraph 3 of the law

(1971:289) on the General administrative courts are appointed by

The Supreme Administrative Court. Regulation (2010:1801).



Vacations, etc.




section 28 of the Supreme Administrative Court decides that the leave for

and other employees with respect

by specific provisions for leave for non-regular

judge. Regulation (2010:1801).



section 29 When the President of the Supreme Administrative Court is prevented from

the exercise of his employment, or when the position is vacant,

completed tasks as President of it in the employment

oldest Supreme Court Justice. If the Supreme Administrative Court is

divided into departments, completed tasks instead of in

the Employment Department or the Chairman of the elders on it in

employment the oldest Justice who serves as Chairman

on title.



When a President of a Chamber is prevented from exercising his

employment or when the position is vacant, led the work on

Department of employment, the oldest in Supreme Court Justice on

Division. Regulation (2010:1801).



section 30 of the courts exercising authority pursuant to section 33

subparagraph Act (1982:80) employment protection, when the provision is

applicable in relation to workers who are hired by decision

by the Government.



section 31 of the State's disciplinary board decides on matters of discipline, responsibility,

notification of charges and dismissal in the case of Permanent Secretary,

the processing Manager and Registrar.



Courts decide on such matters as regards other

employees than justice, Director, head of preparation or

Registrar. Regulation (2010:1801).



31 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 (2005:772).



section 32 questions on the sideline as referred to in 7-a-7 d of the Act (1994:260)

If public-sector employment is dealt with and examined by the Government when

the case of the President of the Supreme Administrative Court.

Regulation (2010:1801).



Appeals against administrative decisions



section 33 of the Supreme Administrative Court decisions in other

administrative issues than employment matters may be appealed

of courts administration, unless something else is particularly

before written.



Decision on the classification of employees on organizational unit, if

to a particular case should be assigned to a specific organizational unit

as well as on the allocation of responsibility for a particular goal may not

subject to appeal. Regulation (2010:1801).



Transitional provisions



2006:1416



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 head of Office or

Government Legal Secretary who has given before

the entry into force.