En blogg från centrumbildningen Förvaltningsakademin vid Södertörns högskola.

Förvaltningsprocessen och rättegångsbalken 2018 Ribbing, Michaela Doktorsavhandling, monografi (Övrigt vetenskapligt)

The aim of the thesis Administrative procedure and the Code of Judicial Procedure isto analyse the role or function of the Code of Judicial Procedure in administrative procedure and the significance of administrative procedure in this regard.

Public administration is of great importance in Swedish society and concerns personal and economic values that are important for citizens. Administrative courts review the decisions of the public administra­tion in an administrative procedure. The administration of justice by adminis­trative courts is therefore an important part of the rule of law in Sweden.

Administrative procedure is a specific form of procedure with its own judicial structure in three instances. Because of the structure and design of the proce­dure, however, sometimes a rule in the Code of Judicial Procedure is used. This thesis identifies three typical situations where this happens. However, the Code of Judicial Procedure was drafted exclusively with regard to procedure in general courts and is based on procedural principles that are different from those on which administrative procedure is based. Against the background of the characteristics that form the basis of administrative procedure, it is therefore not obvious that a rule in the Code of Judicial Procedure should serve as guid­ance in administrative court procedure. The difficulty lies in determining in which procedural situations it is appropriate to use the Code of Judicial Proce­dure in administrative procedure. This uncertainty can be perceived as a prob­lem, since the Code of Judicial Procedure could, in some cases, be used without reflection. It cannot be precluded that such a use would involve a risk that the characteristics of administrative procedure may not be fully observed.

The thesis identifies and analyses cen­tral characteristics of administrative procedure, which are used as an analytical framework to establish how procedural situations are resolved in administrative procedure compared with general procedure. Additionally, the thesis analyses why and how the Code of Judicial Procedure is used in administrative pro­cedure, i.e., how such use is manifested through the three points of contact. Against this background, the thesis discusses how administrative procedure can be developed through legislation and case law.

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