Rättsprövning

Rättsprövning, often translated as judicial review, is a legal process in Sweden where a court examines the legality of certain administrative decisions made by government authorities. This process allows individuals or organizations to challenge decisions that they believe are unlawful or violate their rights. The purpose of rättsprövning is to ensure that administrative authorities act within the bounds of the law and respect the principles of administrative justice.

The review is conducted by administrative courts, such as the Administrative Court (Förvaltningsrätten) and the Administrative Court of Appeal (Kammarrätten). The Supreme Administrative Court (Högsta förvaltningsdomstolen) can also hear cases in this context. The scope of the review is limited to the legality of the decision itself, meaning the court assesses whether the authority followed the correct procedures, applied the relevant laws correctly, and made a lawful assessment of the facts. The court does not typically re-evaluate the wisdom or policy behind a decision, only its legal validity.

To initiate rättsprövning, a formal application must be submitted to the relevant administrative court within a specified time limit, usually three months from the date the decision was made. The applicant must demonstrate that they are directly affected by the decision. If the court finds the decision to be unlawful, it can either set aside the decision or, in some cases, amend it. Rättsprövning is a crucial mechanism for safeguarding individual rights and ensuring accountability within the Swedish administrative system.