Torvald Larsson
Senior lecturer
The indirect review of administrative action in Sweden : Control and judicial protection
Author
Editor
- Mariolina Eliantonio
- Dacian Dragos
Summary, in English
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.
Department/s
- Department of Law
- Public Law
Publishing year
2022-11-11
Language
English
Pages
198-218
Publication/Series
Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe
Document type
Book chapter
Publisher
Routledge
Topic
- Law
Keywords
- Förvaltningsrätt
- Administrative law
Status
Published
Research group
- Public Law
ISBN/ISSN/Other
- ISBN: 9781003164302