Environmental Courts in Sweden and the Reformatory Procedure

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Presentation transcript:

Environmental Courts in Sweden and the Reformatory Procedure Presentation at the symposium International Forum for Environmental Judges Oslo 21 June 2016 Professor Jan Darpö Faculty of Law/Uppsala Universitet

Different procedural system Adm court General court Superior level/ Adm appeal- body/tribunal Administrative or Civil procedure; burden of proof, responsibility of the court, costs, etc Scope of the trial Outcome; quash or reform… Authority/ Permit body

Environmental Court System in SE Supreme Court LtA Land- and Environmental CoA (1) LtA LtA Land- and Environmental Courts (5) County Administrative Boards (21) Municipalities (290)

The Administrative Procedure in SE/FI Simplicity, written procedure… The ex officio principle… On the merits, new decision… Little or no room for administrative discretion… Lawyers not obligatory… ”No” costs…

Environmental Courts Administrative procedure within general courts Planning- and Building Act & Environmental Code Technicians and law-trained judges on equal footing…

Pros… Technicians and law-trained judges in cooperation… Equality of arms… Relaxed procedure… Effectiveness, most remedies… One line of appeal where all kinds of cases and all situations are dealt with (except for criminal cases)…

…and Cons Not the criminal remedies (yet) Length of the appeals procedure… Administrative procedure within general court system; competence, resources, rules… Unclear creation of case law between LECoA, SC and SAC… Focusing on decisions and omissions, lack of creative solutions (remedies, ADRs, Urgenda)

The Reformatory Procedure Substantive or procedural legality..?

The Reformatory Procedure Administration and courts; UK, USA, DE, FR... Administrative or civil procedure; Vermont Environmental Court… The role of the judge; generalist or specialist… Relation between law-trained judges and technicians… …

www.jandarpo.se/ In English ….and finally… THANK YOU FOR LISTENING..!    jan.darpo@jur.uu.se www.jandarpo.se/ In English