1 the swedish judiciary göran bodin. 2 the swedish administrative system the parliament government...
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1
The Swedish Judiciary
Göran Bodin
2
The Swedish Administrative System
The Parliament
Government
Ministry A
Government
Ministry B
Government
Ministry of Justice
The Police The Prosecution The Judiciary
3
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
4
Criminal casesCivil cases
The General Courts District Court
5
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
6
Criminal casesCivil cases
The General Courts Court of Appeal
7
Criminal casesCivil cases
The General Courts The Supreme Court
8
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.
9
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
10
The General Administrative Courts Administrative Courts of Appeal
11
The General Administrative Courts The Supreme Administrative Court
12
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
13
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)
14
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)
15
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
16
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
17
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
18
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