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1 The Swedish Judiciary Göran Bodin

1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Page 1: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

1

The Swedish Judiciary

Göran Bodin

Page 2: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

2

The Swedish Administrative System

The Parliament

Government

Ministry A

Government

Ministry B

Government

Ministry of Justice

The Police The Prosecution The Judiciary

Page 3: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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GENERALCOURTS

GENERALADMINISTRATIVE

COURTS

The SupremeCourt

The SupremeAdministrative

Court

Courts of Appeal (6)

District Courts(49)

AdministrativeCourts of Appeal (4)

Administrative Courts (12)

The Legal Aid Authority

Rent and TenancyTribunals (8)

Number of employees

3750, of these are 1150 judges

Number of employees2050, of these are 600 judges

The Judiciary

Swedish National Courts

Administration

Page 4: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Criminal casesCivil cases

The General Courts District Court

Page 5: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Type of cases - district courts

• Criminal cases

– Homicide, assault, sexual assault and related offences– Robbery, theft and related offences– Economic crime and fraud– Minor offences (cases dealt with by a law clerk)– Other offences

• Civil cases

– Family cases– Minor cases (the matter in dispute is about a small amount) – Other civil cases

• Environmental cases

• Property cases

Page 6: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Criminal casesCivil cases

The General Courts Court of Appeal

Page 7: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Criminal casesCivil cases

The General Courts The Supreme Court

Page 8: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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The General Administrative Courts Administrative Courts (14)

Cases between the individual and the public, i.e. tax cases and cases under the Social Services Act.

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Type of cases - administrative courts

Main categories

• Tax cases

• Social insurance cases

• Cases under the Social Services Act

• Psychiatry cases

• Cases about social welfare

• Migration cases

• Other cases

Page 10: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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The General Administrative Courts Administrative Courts of Appeal

Page 11: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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The General Administrative Courts The Supreme Administrative Court

Page 12: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Objectives from the government (2)

• 75 % of the criminal cases in the District Courts and the Courts of Appeal should be closed within five months

• 75 % of the civil cases in the District Courts and the Courts of Appeal should be closed within seven months

• 75 % of the cases in the administrative courts should be closed within sex months

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Type of court/category of case Time in months to close 75 % of the cases ( 75 percentile)

Governments Results

objectives 2006 2007 2008

District Courts- Civil cases- Criminal cases

7,05,0

9,55,6

9,36,0

8,65,5

Courts of Appeal- Civil cases- Criminal cases

7,05,0

10,79,2

10,09,6

9,78,5

Performance 2008 (according to the Government objectives)

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Type of court/category of case Time in months to close 75 % of the cases ( 75 percentile)

Governments

Results

objectives 2006 2007 2008

Administrative Courts6,0 9,1 9,7 8,7

Administrative Courts of Appeal6,0 10,

910,

810,

0

Performance 2008 (according to the Government objectives)

Page 15: 1 The Swedish Judiciary Göran Bodin. 2 The Swedish Administrative System The Parliament Government Ministry A Government Ministry B Government Ministry

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Strategic regulations for court buildings

Separate rooms for prosecutors, lawyers, witnesses, plaintiffs etc.

Rooms for discussion, negotiation and preparation

Court room

The reception

There ought to be 4 entrances to the courtroom for the different parties

A manned

reception

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Strategic regulations for court buildings

• Office premises should be completely separate from the courtrooms.

• No visitors have access to these premises.

• The design of the offices should be flexible to allow for different grouping arrangements and a changing organisation.

• The offices are adapted to working methods and workgroups – not to person or position.

• The offices should promote an exchange of information between colleagues, thus creating an open environment with common meeting rooms, file rooms, information areas, relaxation areas etc.

Offices

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The role of the Swedish National Courts Administration (SNCA)

• The National Courts Administration is a state agency reporting to the Government

• The National Courts Administration can not interfere with the courts adjudicating activities (courts and judges are independent)

• The main task is to be responsible for overall coordination and comprehensive issues for the Swedish Judiciary. This includes personnel development, training of judges and court staff, information to courts and the public, providing premises, IT-systems and court technology, resource allocation and court statistics, budgeting and financial analysis and follow up

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Swedish National Courts Administration

- the organisationAppointments

Proposals Board

Law Clerk BoardThe General Director

Development Department

Human ResourcesDepartment

FinanceDepartment

ITDepartment

AdministrationDepartment

Communications Department

LegalDepartment

SecurityDepartment

Board

Staff DisciplinaryBoard Internal Audit Office