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Appeal to the administrative court of appeal

If you are dissatisfied with a judgment of the administrative court, you can appeal in writing to the administrative court of appeal.

The judgment of the administrative court will state the time limits and the administrative court of appeal to which you should appeal.

You should explain in the appeal what determination you are appealing against and in what way you wish the administrative court of appeal to change it. If the case requires leave to appeal, you should explain why you consider the administrative court of appeal should grant leave to appeal. You should also explain in the document what you want the administrative court of appeal to know about and take into consideration.

Where do I send the appeal?

You should always send the appeal to the administrative court that issued the judgment. The administrative court will then consider whether the appeal has been received in good time, and in that case forward it to the administrative court of appeal.

You should also state in the appeal what you are dissatisfied with in the administrative court's judgment, the way in which you wish that it should be changed. You can read more about what you should do in the judgment of the administrative court. 

Be careful to find out the time limit for making an appeal (this will be stated in the judgment). In many cases, three weeks applies from when you have received the judgment. But in tax cases, for example, you usually have two months available in which to appeal.

How cases are dealt with at the administrative court of appeal

In most cases, so-called 'leave to appeal' is required for the administrative court of appeal to be able to deal with the case. If the administrative court of appeal does not grant such leave, the judgment of the county administrative court will remain in force. It will be stated in the judgment when leave to appeal is requested and what one should do.

In tax cases, or cases concerning care under LVU (the Care of Young Persons (Special Provisions) Act) and LVM (the Care of Abusers (Special Provisions) Act), no such leave to appeal is required, which means that the administrative court of appeal will always consider such cases on appeal.

The administrative court of appeal can grant leave to appeal if:

  1. it is important for the application of law that the appeal is considered;
  2. that there is cause to amend the decision made by the administrative court;
  3. that there are otherwise extraordinary reasons to consider the appeal.

Usually, three legally qualified judges adjudicate in the administrative court of appeal. In some kinds of cases, there are also two lay judges acting as judges. This applies, for example, to most cases involving compulsory care (LVU cases, LVM cases and psychiatric cases). Two so-called 'special lay judges' appointed by the Government also sit when municipal decisions and real property tax assessments are to be considered.

The processing by the administrative court of appeal is normally in writing and the case is determined after a presentation (verbal report) made by a lawyer at the administrative court of appeal. When presenting the matter, the lawyer reports on the facts in the case and on the investigation made by the court.

If further information is added to the case by the other party, the appellant may gain access to it and have an opportunity of responding to it.

Verbal hearings may occur as a supplement to the written processing. The verbal hearing always takes place in cases dealing with compulsory mental care and compulsory care of substance abusers and young people. The administrative court of appeal may also hold a verbal hearing in other cases, if this may benefit the investigation.
In order to supplement the written processing, the administrative court of appeal may also conduct inspections on site, for example, visit a property.

Administrative court of appeal judgments

After a matter has been presented or a verbal hearing has been held, the court will deliberate on the matter. This means that the judges will discuss the case and agree on how they should adjudicate. If they have differing opinions, they will take a vote. Every judge has one vote.

The judgment is normally pronounced shortly after the presentation or the verbal hearing. It may also be announced immediately. The court will always send the judgment by post to the parties.

Appeal to the Supreme Administrative Court

You can appeal against decisions of the administrative court of appeal to the Supreme Administrative Court. But in practice, the Supreme Administrative Court is the final instance in most cases.

All appeals are not considered by the Supreme Administrative Court, but only those where the Supreme Administrative Court grants leave to appeal. The main rule is that leave to appeal is only granted if the Supreme Administrative Court's determination may be of importance as a precedent, that is to say provide guidance for how other similar cases should be determined. The fact that it may be considered that the administrative court of appeal has made the wrong judgment is not normally sufficient for the Supreme Administrative Court to entertain the case and consider it.

The judges in the Supreme Administrative Court are called Justices of the Supreme Administrative Court. Five Justices of the Supreme Administrative Court sit when a case is to be considered.

The processing at the Supreme Administrative Court is normally in writing and cases are determined after a presentation (verbal report) made by a lawyer. Verbal hearings are sometimes held and these usually take place in Stockholm. A party in the Supreme Administrative Court can be represented by an advokat (attorney) or another party as representative. However, as a party, you are always entitled to present the action yourself.

Aliens and nationality cases cannot be appealed against to the Supreme Administrative Court as the Migration Court of Appeal is the final instance. Its decisions provide guidance (precedents) for the decisions of the Migration Courts and the Swedish Migration Board.




Senast ändrad: 2010-02-12

Final legal force

If neither of the parties appeals against the judgment, it will enter into final legal force. This means that it can no longer be changed by a superior court and what is stated in it can be implemented.