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Law On Administrative Procedure (1971:291)

Original Language Title: Förvaltningsprocesslag (1971:291)

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The scope of the law



section 1 of this Act apply to the administration of Justice in the Supreme Administrative Court,

Chamber and administrative law. Law (2010:1400).



section 2 of the Constitution in law or in which the Government announced

provision that deviates from this Act, apply to that provision. Team

(1980:275).



Claims referral, etc.



section 3 of the application, an appeal, a notification, a

depth gauges and any other action that initiates a case to

be in writing.



An application or an appeal from an individual,

indicate if his or her



1. personal identity number or corporate registration number,



2. the mailing address and the address of the place of work as well as

cases other address where he or she can be reached for

service by bailiff,



3. telephone number of the home and the workplace, and

mobile phone numbers, with the exception of the number that refers to a

secret telephone subscriptions that need be stated only on the right

request it,



4. email address, and



5. other circumstances of importance for the purpose of service with

him or her.



If the individual's action is brought by a Deputy, shall

equivalent information shall be provided even if the statutory representative. Has

the individual agent, the agent's name, postal address,

e-mail address, telephone number of the workplace and

mobile phone number specified.



An application or an appeal from an individual,

In addition, include information about individual counterparty, if there are

such, in the case referred to in the second and third

paragraphs. A statement of the opposite party or his or her

substitutes ' place of work, telephone number, email address

and agents need to be provided only if the task without special

investigation is available for the individual. Miss novice

known address, shall be provided if the investigation made

to determine this.



Information referred to in the second to fourth paragraphs shall apply

conditions when the information is given to the right. Be changed

any of these conditions or is incomplete

or incorrect, it shall be notified without delay to the right.

Team (2013:86).



4 section in an application or an appeal or another equivalent

document shall set out what is claimed and the circumstances

invoked in support of the claim. In addition, the appeal stated that

decision appealed against. If leave to appeal is required, shall also

set out the facts on which it relies for such

authorization shall be notified.



Applicant or complainant must also provide evidence that he would rely on

and what he wants strength with each particular evidence. Act (1994:436).



§ 5 If an application or an appeal contains such

deficiency that the document cannot be used as a basis for the examination

in substance, it shall order the applicant or appellant to within

certain time remedy the shortage at the penalty to his or her

the action otherwise rejected. The same applies if the application or

the appeal does not comply with the provisions of paragraph 3, if the deficiency

is not of minor importance for the question of notification.

Team (2013:86).



section 6 proceedings are not admissible where an application, a

appeal or another operation which commences proceedings not

have been made within the prescribed time. Team (2013:86).



6 a of an appeal shall be submitted to the authority

announced the decision against which the appeal is brought. If an appeal

coming in to the Court which shall hear the appeal in

rather than to the authority which has issued the decision,

the Court send the appeal to authority and at the same time

leave the date of the appeal came in to

the Court of Justice.



The appeal must be notified within three weeks from the date

the appellant received the decision.



If the applicant is an individual, and a decision by a

administrative law or Chamber right given by a

hearing, or upon such hearing has

specified when the decision will be communicated, shall be

the appeal be submitted within three weeks from the date

the Court's decision was announced.



If the complainant is a party representing the General, shall

the appeal always have come in within three weeks from the

Today the decision of the administrative court or Chamber

It was announced. Team (2013:86).



6 b of the authority which has issued the decision

appeal hearing of the appeal has been received in due time.

If the appeal has been submitted too late, it will be rejected.



The appeal shall not, however, be rejected if the delay is due

the Agency has given the complainant a faulty

information on how to appeal. The appeal shall not

either be rejected if it is received within the time

the Court shall hear the appeal.



If the appeal is not inadmissible under this section, the

authority which has issued the decision, submit it and other

documents in the case to the Court which shall examine the

the appeal. However, this does not apply if the appeal has

expired under section 28 of the Administrative Procedure Act (1986:223).

Team (2013:86).



section 7 If a administrative law or Chamber right in connection with the

a target starts finds that it lacks jurisdiction to deal with

the goal but that another equivalent court would be

jurisdiction, the case-file submitted to the

the Court, if there is no reason against it. Documents

shall be deemed to have been received by the Court the same day later

as they walked in to the Court which first received

the documents. The court documents have been handed over

to shall notify the parties of the handover. Team (2013:86).



7 a § if an individual is appealing an administrative decision

the authority shall first be decided on the merits of the individual

counterpart since the file submitted to the Court.



The first subparagraph shall not apply in respect of the decision under appeal directly

in the Chamber right. Law (1995:1692).



Claims processing



8 § law must ensure that the objective is as undisputed as its

nature requires.



By questions and observations to the right work to the parties

resolve the ambiguities and shortcomings in their

Petitions.



The right to ensure that no unnecessary are introduced into the goal.

Redundant investigation may be rejected. Team (2013:86).



§ 9 the procedure is written.



In processing may conclude hearing concerning certain

question, when it is likely to be beneficial to the investigation or

promote a speedy settlement of the case.



In the Chamber and administrative law, the hearing

be held, if the individual acting on behalf of the case demands it, and

the hearing is unnecessary and not special reasons

speaking against the law (2009:783).



section 10 of the application, appeal or other document

embarking on a goal and that belonging to the document must be sent

to the other party. He or she will be required to respond within

some time at the penalty that the goal can still be settled.



The notification referred to in the first subparagraph are not required,



1. If there is no reason assume that the action will

upheld in whole or in part,



2. If the notification otherwise is manifestly unnecessary,



3. If the counterparty is an administrative authority and a

intelligence is unnecessary or



4. If it can be expected that the notification would greatly

complicate the implementation of the decision in the case. Team (2013:86).



section 11 of the party before responding to do it

in writing, unless the Court decides that the answer may be given

by word of mouth.



Party shall indicate in the response if he or she admits or

contests the claim at issue or, if proceedings have been initiated by

a notification or a depth gauges, the action goal

apply. If the party is contesting the claim or action, he shall

specify the grounds for opposition and the evidence

be invoked.



The response should include an indication of the objective it seeks.

Team (2013:86).



section 12 of Law shall provide the applicant or complainant the opportunity to take part in response

and the things to answer and to make known their views in writing within the specified time

over this, if it is not unnecessary. The right may submit to him

comment on the penalty that the goal can still be settled.



13 § if necessary, the Court shall seek the opinion of the

administrative authority previously decided in the matter.



section 14 For a hearing to the applicant or appellant

and the one who has to answer in the case is called. An individual may

be required to appear in person at a penalty or at

penalty to his or her non-appearance does not preclude

target's further processing and critical. A

administrative authority or another party, which according to the regulation in

teams representing the public, may be ordered to appear

in the absence of a penalty that party does not preclude the

further processing and critical.



The applicant or complainant and the one who has to answer in the case must

participate in a hearing by audio transmission or audio

and image transfer under the same conditions that apply

According to Chapter 5. section 10 of the code of judicial procedure. Law (2008:652).



section 15 of the single party, which set up for hearing, may

be awarded reimbursement of public funds for the cost of travel and

keep, if the Court finds that he reasonably should be replaced for their

appearance. The Court may grant an advance on the compensation. Closer

provisions on compensation and advances granted by the Government. Team

(l980:275).



section 16 of the terms of public access and order at oral

negotiation comes Chapter 5. 1 – 5, 9 and 12 of the code of judicial procedure in

applicable parts. In addition to the provisions of Chapter 5. 1 §

the code of judicial procedure the court order that a hearing should

held behind closed doors, if it can be assumed that in the


the hearing will be presented in the task, for which in

the court case of privacy referred to in publicity and

secrecy (2009:400). Law (2009:409).



section 17 At an oral hearing, the following should be recorded:



1. claim,



2. concessions,



3. disputes,



4. objections,



5. vitsordanden,



6. in short, the circumstances that the parties and

bemötandena of these circumstances, and



7. the study is being presented at the hearing.

Team (2013:86).



section 18 Before the target avgöres, the parties have become aware of the added

the goal by other than himself and had the opportunity to submit observations on

it, if not, there is such a reason, however, as indicated in paragraph 10 of the second

paragraph.



section 19 in respect of notification obligations pursuant to paragraph 10 of the first

subparagraph, 12 or section 18 applies the limits imposed by

10 Cape. section 3 of the public access to information and secrecy (2009:400).

Law (2009:409).



Some evidence



paragraph 20 of the document, referred to the evidence, shall be submitted to

law without delay. In the case of such evidence comes otherwise 38 Cape.

1-5 and 7-9 of the code of judicial procedure, mutatis mutandis. Compensation to

other than the parties for the provision of written instrument expires, however,

always out of public funds. Law (1980:104).



section 21 is invoked to exhibits, that preferably can be submitted to the right,

should the object be handed over without delay. In the case of such evidence

case 39 Cape. paragraph 5 of the code of judicial procedure, mutatis mutandis. Compensation to

other than parties for provision of objects always starts by

public funds.



section 22 of the Invoking party written document or item of evidence,

law, submit to him the right to submit the document within specified time

or object at the penalty that the goal can still be settled.



section 23 of law may decide on the approach to the place of inspection of

property or place or of objects not appropriate

be filed with the Court. At such a sight, trade secret be divulged

only if there is a particular reason for it.



In the field of vision of the place, the provisions concerning oral

negotiation, and Chapter 5. section 11 of the code of judicial procedure, mutatis

parts. Law (2008:647).



section 24 of the law may seek the opinion of the matter, which requires special

expertise, from authority, official or person who otherwise has to go

Commission observations on the subject, or hire another expert on the issue.



As regards the special case of 40 Cape. 2-7 and 12 of the code of judicial procedure in

applicable parts.



Substitute for the opinion of the authority, civil servant or otherwise

have to go to handa observations deleted only if there is a particular

before written. Another expert is entitled to compensation of public

funds for their mission. The Court may grant an advance on the compensation.



section 25 of the Law shall order the hearing of a witness or expert.

Such questioning is taking place at the hearing. The hearing may

held under oath. If interrogation comes 36 Cape. 1-18 and 20-23 § §

as well as 40 Cape. 9-11, 14, 16 and 20 of the code of judicial procedure in

applicable parts.



Witness and expert may participate in a hearing by

audio transmission or sound and image transmission over the same

conditions laid down in Chapter 5. section 10 of the code of judicial procedure.

Law (2008:652).



section 26 of the witness or expert is entitled to reimbursement of public funds

for the cost of their appearance. The Court may grant an advance on the

compensation for the cost of travel and subsistence expenses. Detailed rules for the

compensation and advances granted by the Government.



Have the witness or expert to attend at the request of individual parties

and it turns out that the party had no valid reason for its request,

the Court may require him to repay the reimbursement to the State.

Law (1980:275).



27 § Finds administrative law that the questioning of a witness or

the expert should be held by other administrative law,

the right to decide, after consultation with the other.



In the taking of evidence referred to in the first subparagraph applies 35 Cape.

10 and 11 of the code of judicial procedure, mutatis mutandis.

Law (2009:783).



Decision



section 28 of the Court which shall hear an appeal may decide

that the order under appeal, if it would otherwise apply

immediately, until further notice, shall not be applicable and otherwise

decide on the matter. Team (2013:86).



section 29 of the Court must not go beyond what is requested in the case. If the

There are special reasons, may be right even without the claim to decide

for the better for the individual, when it can be done without but for opposing

individual interest.



section 30 of the decision of the Court of the case shall be based on what the documents

contains and what otherwise appeared in goal.



The decision shall state the reasons that determined the outcome.



section 31 a decision through which the law determines objective should be sent

to the parties. If there is a dissenting, the

attached.



A decision may be appealed to contain information on how

It should be done. If necessary, leave to appeal to the higher court,

the decision shall contain the information about it and about the grounds

that such a State be notified on. Team (2013:86).



32 § if the Court finds that a judgment or order

contains no obvious irregularity resulting from the Court's

or someone else's typos, errors or similar

negligence, the Court may order for rectification.



The Court of oversight failed to make a decision

that would have been issued in connection with a judgment, may

the Court complete its ruling within six months from the

that decision became final. A completion later than two

weeks after the decision was announced, however, may take place only

If a party requests it and no other party is opposed to the

the completion.



Before the decision on correction or completion is taken, shall

the parties also otherwise than as referred to in the second subparagraph, second

the sentence have had the opportunity to be heard, if it is not

unnecessary. The decision shall if possible be recorded on each

copies of the judgment or the decision be corrected or

be supplemented. Law (2001:27).



Appeal



the decision of the Court of appeal 33 § Management to court.

The decision of the Appeal Chamber to the Highest

Administrative Court.



A decision may be appealed by the person it concerns, if it has gone

him or her against.



The decision of the Chamber to announce certiorari cannot

subject to appeal.



If an appeal or a request for review has

rejected on the basis that the appeal or request has

come in too late and right after appeal examine

bounce the decision or refusing leave to appeal in the case of

such an appeal, the decision of the Court may not

subject to appeal. Team (2013:86).



section 34 Against decision, that does not mean that the target avgöres, action

be conducted only in the context of an action against the decision in the case.

The action may, however, be especially when right



1. frowned upon objection of conflict of interest against a member of the right or

objection of the obstacle for which the trial



2. rejected counsel or representation,



3. ordered concerning the matter pending the outcome of,



4. set before any participation other than by

appearance before the Court and failure to observe

the order may entail special penalty for him,



5. imposition of penalty payment or other penalty for failure to

ådömt observation of the injunction or penalty for the offence in

procedure or ordered the witness or expert to replace

cost caused by neglect or tredska,



6. ordained on examination or treatment of

person or property or any other similar action,



7. compensation for participation on one's ordained in the goal,



8. utlåtit himself otherwise than as mentioned in 7 in question

applies to legal aid under the legal aid Act (1996:1619), or in the

question about public counsel under the Act (1996:1620) if

public counsel or



9. has decided, in the case of extension of the time limit under chapter 46.

paragraph tax Procedure Act (2011:1244).



Against the decision, whereby the objective is referred back to the lower court, may

an action to be brought only if the decision involves the decision of a question,

that has an impact on the outcome. Law (2011:1304).



Certiorari in the Chamber right



34 a of For the case where it is legally required required

leave to appeal to the administrative court shall hear a

appeal against a decision of the administrative law has

announced in the case. The same applies to the decision of the management

in an issue that has a direct relationship with such an objective.

Any such consent is not required when an action is brought by the

The Parliamentary Ombudsman or the Chancellor of Justice.



Certiorari should be granted if



1. There is reason to doubt the accuracy of the final

as administrative law has come to,



2. not without such authorization is to assess

the accuracy of the statements that administrative law has come

to,



3. it is important for the leadership of the law to

appeal of higher law, or



4. There are serious reasons to consider

the appeal.



Leave to appeal may be limited to that

apply to a specific part of a decision, if the part does not

can affect other parts of the order under appeal.



If leave to appeal is not granted, the administrative law

decisions fast. An indication of this should be taken into

the decision of the Chamber. Team (2013:86).



Special rules apply if an appeal to the Supreme

Administrative Court



section 35 of the decision of the Appeals Chamber, in a case such as


have been initiated in the Administrative Court, an appeal, depth gauges

or the application be reviewed by the Supreme Administrative Court only

If leave to appeal has been granted.



If leave to appeal is not granted, the Swed

decisions fast. An indication of this should be taken into the Highest

the Administrative Court's decision.



The first subparagraph shall not apply to



1. actions which the Parliamentary Ombudsman or the Chancellor of Justice for

in case of disciplinary responsibility or if the revocation or

restriction of access to the profession in the health and

health care, dental care, retail of medicinal products or

animal health care, or



2. actions as Attorney General for the case under

credit information Act (1973:1173) or debt collection law

(1974:182). Law (2013:459).



36 § certiorari granted



1. If it is of importance for the management of the law to

the appeal heard by the Supreme Administrative Court or



2. where there are serious grounds for such a test, such as

that there is a basis for rising or to the outcome of the

the administrative court apparently is due to serious oversight or

serious mistake.



If leave to appeal is announced in one of two or more

similar objectives, may leave to appeal will be notified in

goal. Team (2013:86).



36 a of certiorari may be restricted to a

specific issue, whose trial is of importance for the management of

law enforcement (prejudikatfråga) or a specific part of the

goal.



In the meantime, the award is made in accordance with a

certiorari which was limited within the meaning of the first subparagraph

the Supreme Administrative Court may declare the issue of

notice of leave to appeal concerning the case of otherwise completely

or partially dormant.



To the extent that leave to appeal be granted and

the question of whether leave to appeal nor in abeyance,

the decision under appeal should stand firm. An indication of this

to be included into the Supreme Administrative Court's decision.

Team (2013:86).



36 b section Of the Supreme Administrative Court in application of

36 a of has tried a prejudikatfråga the Court may, if

additional testing is required, completely or partially base their

decisive of the case in the Chamber of the Court or,

with the Elimination of lower legal or official ruling,

decide on the referral of the case for continued treatment.

Team (2013:86).



37 § in cases in which leave to appeal necessary, circumstance

or evidence, which the appellant invokes the first in Highest

the Administrative Tribunal, be taken into account only if there are special

reasons.



Regulations regarding obstacles to consider or new instance

circumstances, in some cases, see Chapter 10. section 10 of the local Government Act

(1991:900). Law (2010:1400).



37 (a) repealed by law (1995:22).



Stature and restitutio in integrum



37 (b) § Stature may be granted in case or case for it because of

any special relationship is serious reasons to consider the matter on

new. Law (1995:22).



section 37 c Of the time for appeal or a comparable measure

has has been squandered due to circumstances that constitute valid excuse,

time reset. Law (1995:22).



Penalty



section 38 The who at the hearing is interfering with the hearing or

photographs in the courtroom or in breach of regulation or prohibition,

given pursuant to section 16, compared with 5. § 9

the code of judicial procedure, shall be liable to a monetary fine. To the same penalty

as orally before the Court or in the letter to the right speak out

improper. Lag (1991:298).



39 section On that without a valid reason reveals what under the Court's mandate

may not be revealed agie fined. Law (1980:104).



40 repealed by law (1987:748).



Other provisions



section 41 in respect of conflict of interest against hearing the case under this law applies

the provisions of Chapter 4. the code of judicial procedure on disqualification against judges.



42 § Right to voluntarily take up the question of responsibility for the offence under

procedure and of imposing a financial penalty imposed under this

team.



43 § Applicant, applicant or any other party has the right to take part

the goal of the introduced the limits imposed by

10 Cape. section 3 of the public access to information and secrecy (2009:400).

Law (2009:409).



section 44 an act is deemed to have been received by the Court on the day

the Act or an avi on paid postal shipment

contains the document arrived at the Court or at a

competent official. If the Court is informed in particular that

a message to the Court arrived at a

telebefordringsföretag, the message is considered to have been received already

When the notification reached a competent official.



If it can be assumed that the Act or a notice about this one particular

day has been provided at the Court Office or been separated for

Court on a post office, is deemed to have been received the day

If it reached a competent official closest to the following

working day.



A document shall be confirmed by the sender if it considers that

It needed. Team (2013:86).



section 45 Is someone who has been called to the hearing impaired to appear

himself, he shall immediately report it to the right.



paragraph 46 concerning Cook decay owns 32 Cape. 6 and 8 of the code of judicial procedure

the corresponding application.



47 § shall notify anyone about the contents of a document

or otherwise, may be through the service. Service of process

should be used, if it is legally required, or if it

account of the aim of the provision on notification is shown

that service should be done, but should otherwise be resorted to only if the

appropriate in the circumstances.



The provisions of section 24 of the Act of service (2010:1932) does not prevent the

the Chamber right does a party acts through simplified

service of process, if the party during the handling of administrative law

has been informed that such service may be used

in the Administrative Court of appeal against the decision of the Court of administration there.



The first paragraph also applies to the Supreme Administrative Court of

the information has been provided in administrative law or in

the administrative court. Law (2010:1940).



48 § the action in case, as a representative or counsel

hire someone who is suitable for the mission.



If the counsel or representation showing oskicklighet or

accidentally or otherwise is inappropriate, the Court reject him

or her agent or counsel in the case. Law may also

explain to him or her unauthorized to be agents or

Attorney at law, either for a fixed period or until the

on.



If that is rejected or declared unauthorized under

the second paragraph is a lawyer, the measure must be notified to the

Bar Association Board of Directors. Team (2013:86).



section 49 a delegate shall have power of attorney.



If the Court considers that the delegate's permissions need to be substantiated, the ska

the agent or the principal to present a

written power of attorney. Such a power of attorney should contain the agent's

name. If the delegate may put another in his place, shall

This is evidenced by the mandate.



If the application or appeal has been submitted by the Registrar, shall

it in the order specified that the action is admissible

only if this is followed. Have the Attorney taken someone else

action, shall in the notice state that action shall be taken into account

only if this is followed. Team (2013:86).



50 § mastery of party, witness, or else to be heard before the Court not

Swedish language, or is he serious hearing-or talskadad, shall

the right, if necessary, hire an interpreter. The Court can also otherwise if necessary

use the services of an interpreter.



The first subparagraph shall apply also in the case of transfer from

Braille to regular writing, or vice versa.



As an interpreter may not be engaged on whose reliability may be considered to be mitigated in

because of his position to someone who for submissions or because

of other comparable circumstance. Law (1990:452).



section 51 The hired as an interpreter at the hearing, the Court

taking the oath, he best wits shall fulfill its mission.

There is reason to assume that he will receive further such missions

by law, he must also take an oath relating to future missions. Team

(1975:1298).



52 § The performing missions that prompt otherwise than in the service have the correct

to fair remuneration for work, loss of time and expenses that the mission

required.



Government or authority that the Government establishes tariff

shall apply to the determination of the compensation to the interpreter at oral

translation.



Cost for an interpreter to be paid out of public funds. Law (1979:290).



53 § What this law about individual party applies mutatis mutandis

also it is vicarious for the party.



Transitional provisions



1986:224



This law shall enter into force on 1 January 1987. Older regulations apply

still, in the case of a decision given before the date of entry into force.



1986:1322



This law shall enter into force on 1 July 1988. In the case of complaints against decision

given before the entry into force applies to the older wording of section 33.



1991:211



This law shall enter into force on the day the Government determines. Older

However, the rules still in proceedings of

Insurance Court after its entry into force.



1993:575



This law shall enter into force on 1 July 1993. Older regulations apply

still with regard to the cases decided by the Chamber right before

the entry into force.



1994:436



This law shall enter into force, with respect to section 35 1 July 1994 and otherwise

on 1 October 1994. Older version of section 35 is still in question

of cases decided by the Chamber right before 1 July 1994.



1995:22



This law shall enter into force, with respect to 35, 37 (b) and (c) sections 37 and


the heading preceding section 37 (b) 1 april 1995 and 1 July

1995. the decision that has been issued before 1 april 1995 appeal

According to the older provisions.



1995:1692



This law shall enter into force on 1 May 1996. For decisions

granted prior to the entry into force for older provisions. The same

applies even if the decision was överprövats by another

administrative authority after the entry into force.



1998:374



This law shall enter into force on 1 October 1998. The provision in the

former paragraph 7 of the first paragraph shall apply in respect of

a decision given before the date of entry into force. paragraph 33

subparagraph shall not apply if the appealed decision of rejection

granted prior to the entry into force.



1998:736



This law shall enter into force on 24 October 1998. If the data law

(1973:289) even after that time shall apply to the specific

the processing of personal data, section 35, however, in its older

wording for such treatment.



1999:98



This law shall enter into force on 1 april 1999. If the law (1987:1231)

If the automatic processing by the tax audit, etc. also

After that time shall apply to the processing of

personal data, section 35, however, in its older version of

such a treatment.



2010:1940



1. this law shall enter into force on 1 april 2011.



2. Older provisions apply where a decision on notification in accordance with

15-17 sections of Service Act (1970:428) has been taken before 1

April 2011 or if the document has been sent or submitted before

This time.



2011:1304



1. this law shall enter into force on 1 January 2012.



2. Older provisions still apply for decisions on

extension of the time limit pursuant to lagen (1978:880) if

payment assurance for taxes, duties and fees.



2013:86



1. this law shall enter into force on 1 July 2013.



2. Older regulations apply for decisions rendered

before the entry into force.



3. The new provisions in paragraph 34 (a) and 36 (a)

and 36 b section does not apply in the case of decisions which the

Administrative Law Chamber, respectively, the right has announced before

the entry into force.