The Swedish Legal System and Possible Implications of the Belgian Rulings - Reformatory Procedure in Swedish Land and Environment Courts

Abstract

The paper intends to give a short overview of how the Swedish system of land and environment courts is organised and of the procedure in their administrative cases, with specific attention paid to cases on appealed decisions from authorities. In these cases, the land and environment courts act as traditional Swedish administrative courts and follow a tradition whereby the court, in principle, has the same powers to solve the case as the first deciding authority. Acting in administrative cases the courts have an active role and a flexible remedial toolbox, which may be used when solving environmental disputes: the ex officio principle and the reformatory procedure. This system obliges the court to thoroughly examine the case at hand by its own initiative and also enables the judge to not only fully review an administrative decision, but also change its content. In other cases, the land and environment courts play the role of a civil court (e.g. disputes on compensation for environmental damage and expropriation) or partly as an authority (application for permit to larger industries or water operations). One conclusion regarding administrative cases is that an “administrative loop” i.e. a procedure whereby a court, in a still open case, refers an issue back to the administrative authority which issued the challenged decision, in order to amend a procedural error, is not possible in Sweden. Due to the wide powers, as described above, of the Swedish courts to annul or amend an administrative decision, such a possibility would on the other hand not serve any substantial purpose and not enhance the efficiency of judicial or administrative procedures.