Upphävelse

Upphävelse is a legal term used in Swedish law to denote the annulment or revocation of a decision, ruling, or provision by a competent authority. It is employed in both administrative and judicial contexts, where an authority or court sets aside a prior decision that was issued by a public body or tribunal. The result of upphävelse is that the original decision loses its binding effect.

Upphävelse can occur through appeal, review, or explicit reconsideration by the same or a higher authority that has the power to revise the decision. Common grounds include incorrect application of the law, procedural errors, lack of legal authority, or new facts or changed circumstances that justify reversing the decision. The typical consequence is that the previous decision is voided, and the matter may be remitted for a new decision or a fresh ruling is issued to replace it.

In practice, upphävelse is distinct from other related actions such as modification (ändring) of a decision, which alters but does not necessarily nullify, or invalidation (ogiltigförklaring) of a legal provision. The term is used across various areas of law, including administrative decisions, licenses and permits, social benefits, and civil or regulatory matters. The specific procedures and remedies depend on the applicable statute and the jurisdiction governing the original decision.