Torvald Larsson
Universitetslektor
The indirect review of administrative action in Sweden : Control and judicial protection
Författare
Redaktör
- Mariolina Eliantonio
- Dacian Dragos
Summary, in Swedish
The chapter examines the role of indirect review of administrative action in Swedish law. A general description of the overall structure of the Swedish system for judicial review of administrative action is followed by a discussion about the administrative measures that cannot be reviewed in a direct review. The chapter then focuses specifically on the phenomenon of indirect judicial review in relation to general administrative acts and individual administrative decisions. A concluding section summarises the discussion.
An overarching observation is that indirect review in Sweden is of particular importance when it comes to general administrative acts because these acts may, as a main rule, not be challenged in a direct review. Individual administrative decisions may – as a result of the legal developments that have taken place in recent decades – as a main rule, be challenged in a direct review before the administrative courts. Hence, for individual administrative decisions, the indirect review plays an important role, above all, when a decision has become final and/or when a direct review is (still) not allowed according to the current legislation – such as when there is an appeal ban. In these situations, the indirect review, which may take place in connection with the application of an individual administrative decision, may function as a safeguard mechanism for the individual as well as a control of the legality of administrative action. Because the court or other public body that conducts the indirect review may not annul or change the decision but only decide not to contribute to its application, the division of tasks can be regarded as maintained.
An overarching observation is that indirect review in Sweden is of particular importance when it comes to general administrative acts because these acts may, as a main rule, not be challenged in a direct review. Individual administrative decisions may – as a result of the legal developments that have taken place in recent decades – as a main rule, be challenged in a direct review before the administrative courts. Hence, for individual administrative decisions, the indirect review plays an important role, above all, when a decision has become final and/or when a direct review is (still) not allowed according to the current legislation – such as when there is an appeal ban. In these situations, the indirect review, which may take place in connection with the application of an individual administrative decision, may function as a safeguard mechanism for the individual as well as a control of the legality of administrative action. Because the court or other public body that conducts the indirect review may not annul or change the decision but only decide not to contribute to its application, the division of tasks can be regarded as maintained.
Avdelning/ar
- Juridiska institutionen
- Offentlig rätt
Publiceringsår
2022-11-11
Språk
Engelska
Sidor
198-218
Publikation/Tidskrift/Serie
Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe
Dokumenttyp
Del av eller Kapitel i bok
Förlag
Routledge
Ämne
- Law
Nyckelord
- Förvaltningsrätt
- Administrative law
Status
Published
Forskningsgrupp
- Public Law
ISBN/ISSN/Övrigt
- ISBN: 9781003164302