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TRANSCRIPT
2 COURTS OF SWEDEN
The Legislative Assembly
PARLIAMENT
Government, Ministry of Justice
General courts
District courts (48)
Courts of appeal (6)
Supreme Court
General administrative courts
Administrative courts (12)
Administrative courts of appeal (4)
Supreme Administrative Court
Rent and tenancy tribunals Legal Aid Authority
Swedish
National
Courts
Admini-
stration
Courts of Sweden
4
The different instances in
environmental, plan and building cases
Municipalities(290)
County Administrative Boards(21)
Incl Permits Board for Env. Harmful Operations (12)
Land and Environment Courts(5)
Land and Environmental Court of Appeal (Svea hovrätt)
Supreme Court
The Government
Supreme Administrative
Court
5
Different types of cases at the Land and
Environment Courts
Application (permit) cases – Environmental Code
Environmentally harmful operations (A-listed)
Water actions
Appealed cases
Environmental Code
Plan and Buildings Act
Property cases, land parcelling etc.
Impostion of conditional fines
Environmental Code
Plan and buildings Act
Civil cases
Damage – Environmental Code
Compensation – Environmental Code, property cases
Expropriation etc.
No criminal cases
6
The Land and Environment Court in
Växjö
• Judges (9)
• Technical advisors (11)
• Specially appointed members – layman judges
– National Environment Protection Agency
– Swedish National Board of Housing, Building and Planning
– Industry, municipality, agriculture
• Drafting lawyers (9)
• Secretaries (8)
7
Taking part in decision-making procedures
that may affect the environment and the right
in such cases to challenge a decision in court
A. Legally binding municipality plans
B. Overriding, not binding plans
C. Environmental Impact Assessment procedure
D. Permit procedure - environmentally harmful
operations
8
Taking part in decision-making procedures
that may affect the environment and the right
in such cases to challenge a decision in court E. A decision on permit or exemption regarding protected areas
(nature conservation, shore protection etc.) or protected species
F. To act against new operations or actions not covered by a permits
procedure
9
To act against an on-going operation
• Situation 1: The operation have a permit and the
operator
– follows the permit and its condition
– does not follow the permit or its conditions
• Situation 2: The operation does not have a permit
10
• Conditions for individuals to have right to standing
• The conditions for an NGO to have right to standing
• Some features regarding the procedure in
administrative cases
• Are there any limitations what the court may regard
and a party to invoke?
• Summary