överprövning

Överprövning is a legal term in Sweden referring to the process by which a higher authority reviews a decision made by a lower authority. This process is typically initiated when a party believes that a decision is incorrect or unfair. The higher authority, which could be a court, an administrative board, or a government agency, will then re-examine the case and the original decision.

The purpose of överprövning is to ensure that legal decisions are made correctly and in accordance with the law. It serves as a mechanism for correcting errors, whether they are factual, legal, or procedural. The scope of the review can vary depending on the type of case and the specific laws governing the process. In some instances, the higher authority may only review the legality of the decision, while in others, they may also reconsider the factual findings.

There are usually specific time limits within which a request for överprövning must be submitted. The individual or entity seeking the review must typically demonstrate grounds for the appeal, such as new evidence or a misapplication of the law. The outcome of an överprövning can range from upholding the original decision to overturning it and issuing a new one. This process is a fundamental aspect of the Swedish legal system, providing a recourse for individuals and organizations dissatisfied with administrative or judicial rulings.