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Access to Court in Environmental Law Matters - Sweden

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

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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

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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

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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)

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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

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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

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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

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• 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

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The Land and Environment Court in Växjö