ACTIVITY REPORT OF THE OF 2 Table of contents

A word from the President______5

New Justice______9

New Administrative Director______13

Digitalisation in the Supreme Court______14

The Council on Legislation and the Supreme Court______29

Referral leave and fast-track leave______33

Cases in brief______36

The year in brief______42

Statistics______42 4 word from the President This last year, all ac- deal with sensitive information which tivities in Sweden and might come up in the cases. the rest of the world With these adaptations, with flexibility A have been affected by and the positive mindset of all employ- the pandemic brought on by the coro- ees, the work has, as mentioned, pro- navirus. Of course, this also applies to ceeded well. The quality of our activities the Supreme Court. Like other organi- has been maintained. Yet, there is abso- sations, we have implemented various lutely no doubt that face-to-face meet- safety measures in order to limit the risk ings make things easier when exchanging of contagion. views and discussing complicated issues. Each year, the Supreme Court has a In 2019, we initiated an intensive number of main hearings and other court effort to digitalise our activities in order sessions that parties attend. Yet, the fact to make all case materials available in is that the vast majority of cases brought digital form. Physical files are on their before the Court are decided solely on way out. We launched this change in the the basis of written proceedings. Com- beginning of March 2020, i.e. shortly be- pared to many other courts, this has had fore the pandemic was upon us. Clearly, the natural consequence of making it this profoundly contributed to our abili- easier for us to adapt our activities to the ty to deal with the emerging situation as new conditions. The challenges facing well as we did. the district courts and courts of appeal The Court’s digitalisation work has have been substantially more difficult many aspects. As you will see, digitalisa- given that hearings at which the parties tion is also a subject we address specifi- physically appear are much more of a cally in this year’s Activity Report. rule than an exception in these courts. The coronavirus pandemic has also had Accordingly, with a number of adjust- an impact on the year in other ways. We ments, the work of the Supreme Court have been able to pursue very few other in many respects could be carried on as activities during the year due to our com- usual. The principal difference relative to mitment to keep the activities running in previous years has consisted of the fact combination with the restrictions on pub- that we have used, where needed, digital lic gatherings and travelling. It may be participation in the presentation of said, quite simply, that less has happened reports and deliberations. Justices who in 2020 than is normally the case. have needed to work from home have Among other things, this has meant been able to do so through digital par- that the study-visit project which the ticipation via audio and video and with Supreme Court has organised in re- full access to the same documents as the cent years has now been put on hold. Justices who were physically present. In This project was described in the 2018 a similar way, other employees such as Activity Report. The project involves Su- judge referees and court clerks have been preme Court visits to district courts and able to work remotely when required. courts of appeal throughout Sweden. Through our technical systems, we have The purpose is to describe our activi- been able to ensure that we can securely ties and specifically explain our work

5 procedures in producing in One thing that also should be men- various legal areas. During our visits, tioned is that we have decided a case district courts and courts of appeal can in plenum during the year. This means also describe their activities, and it is that all sixteen Justices participated in an opportunity to discuss various issues the ruling. It is far from every year that and address shared points of interest. the Court makes a plenary decision. The The study-visit project will be reinstated grounds for an examination in this man- as soon as possible. ner in certain cases are found in Chapter The pandemic has also largely brought 3, Section 5 of the Swedish Code of all international cooperation to a stand- Judicial Procedure. In somewhat simple still. As regards the Nordic countries in terms, the provision entails that, where particular, there is close and relatively it appears in a case addressed by five extensive cooperation between the Justices that there is a majority which di- supreme courts. A variety of legal issues verges from a legal principle or an inter- frequently arise at roughly the same pretation of statutes previously adopted time in these countries. Often, these by the Supreme Court, a decision may be involve questions relating to the Euro- taken that the case is to be examined by pean cooperation and rulings from the the Court in plenum. The background of European Court of Justice or the Euro- the provision is that the Supreme Court, pean Court of Human Rights. Accord- as a main rule, is bound by its previous ingly, the possibility to hold discussions precedents and that it is accordingly with Nordic colleagues is very valuable. necessary to carry out an examination Considering the great similarities of our by means of this special form in order to legal systems and, in many ways, also deviate from a legal principle which was our societies in general, such exchanges established by an earlier . are particularly rewarding. The plenary case examined this year Nonetheless, there have been some involved the question of whether there activities during this year. The Supreme was cause to deviate from the findings Court was joined by a new Justice, Johan of the Supreme Court in a ruling from Danelius, who will be presented in great- 2007 (NJA 2007, p. 993). Specifical- er detail in the Activity Report. ly, the issue in the case was whether We have also been joined by a new a person who had been the subject of administrative director. In a court such a restraining order could procure an as ours, the administrative director plays examination of the restraining order a highly central role. Since I am involved notwithstanding the fact that the term of to a high degree in the judicial activity the order had expired. of the Court as its President, the admin- The result of a plenary examination is istrative director performs a number normally a reference to the case in the of tasks which are carried out in other customary manner in the New Legal Ar- courts by chief judges or senior judges. chive series (NJA). However, the new le- The new administrative director, Ma- gal principle which has been established ria Edwardsson, is presented in greater by virtue of such a ruling is also noted in detail in the Activity Report. a special memorial book at the Court.

6 We have described in previous Ac- of the utmost importance that the Su- tivity Reports the exchanges between preme Court is afforded good opportu- the Supreme Court and Supreme Ad- nities to contribute to legal developments ministrative Court. Since 2017, it has in all branches of law. been possible for a Justice from one of I hope you will find this year’s Activity these courts to serve on the other. This Report informative and that it will pique so-called criss-cross service can occur in your interest. I wish you good reading. respect of both single cases and for ex- tended periods of time. In 2020, Justice ANDERS EKA Svante O. Johansson served during the JUSTICE AND PRESIDENT OF THE spring on the Supreme Administrative SUPREME COURT Court, and Justice Erik Nymansson served during the corresponding period of time on our Court. This possibility for an exchange is valuable in many ways and also exemplifies the close coopera- tion between the Supreme Court and the Supreme Administrative Court which is a regular feature in several areas. In one article of this Activity Report, Justice Johnny Herre addresses the spe- cial procedural tools which are usually referred to by their popular names, re- ferral leave and fast-track leave. In brief, referral leave entails a possibility for the district courts and courts of appeal to get an issue which is of precedential value examined by the Supreme Court while the case is still pending before the lower court. Fast-track leave provides the Supreme Court with a possibility to grant leave to appeal for an issue which is of precedential value notwithstanding that the court of appeal has decided not to grant leave to appeal regarding the ruling of the district court. As described in the article, the background of these provisions is principally the fact that the number of civil cases which reach the Supreme Court has declined over the years. Provisions of this type improve the Court’s possibilities to provide guiding rulings also in the area of civil law. It is

7 Johan Danelius Born 1968 Law degree awarded from University, 1993 Associate Judge of the Svea Court of Appeal, 2000 Service in the Ministry of Justice, 2000-2009 and 2012-2015; Legal Expert, Deputy Director, Senior Adviser and Director Positions in law firms, 1993 – 1994, 1996 and 2009 – 2012 (most recently as attorney and partner at Hamilton Advokatbyrå) Temporary Director for Legal Affairs, Ministry of Justice, 2015–2016 Director-General for Administrative Affairs, Ministry of Justice, 2016–2020

8 ew Justice

A new Justice joined the Supreme Court in 2020. Johan Danelius began working here N in January and came most recently from the Ministry of Justice where he served as the Director- General for Administrative Affairs.

Why did you choose law? What has your initial period as a Justice been like? I had no clear vision that I wanted to be a jurist. I was generally interested It has definitely lived up to my expec- in social issues and thought that legal tations – it is an extraordinarily stim- studies would equip me with a solid, ulating position. There is broad room broad base and opportunities for vari- for discussions during our deliberations. ous career paths after my studies. It was Even if opinions differ and things heat only during my studies that I found that up somewhat, the tone is consistently law was genuinely interesting. one of respect. There is a feeling that everyone is genuinely engaged in order to What made you apply for a position as produce the best precedents possible. a Justice? Throughout the year, the coronavirus pandemic has, naturally, played a dis- The position involves working with the tinctive role in many ways. Among other most exciting legal issues together with things, it has forced us to work from some of the country’s most prominent home to a greater extent, and social and jurists. When the possibility presented external activities have also been curbed. itself, I did not want to miss the chance to apply for the position. In what way do you mean that the discussions can “heat up”? What are your hopes and expectations regarding the work? It was perhaps too strongly worded. During our deliberations, everyone is I hope to be able to work with interest- well-prepared, and, at times, some may ing questions in an enjoyable work en- have firm positions on certain issues. vironment. I knew some of the Justices Sometimes, there are differences of opin- before coming here and therefore had a ions and discussions can be somewhat fairly clear picture of what to expect. I tense. There is an interest in understand- also understood that it would involve a ing how someone may reason differently great deal of work and reading. on issues. Relative to the Ministry, where you frequently do not know what will Is there any special area or particular happen from week to week, work here issue with which you hope to work? is more predictable and follows estab- lished routines. I appreciate the breadth of legal issues we work with here and the possibility

9 of working with legal issues that I have something that Johan Munck had said in not come across professionally before. an interview when he worked here. He Naturally, I am more comfortable in said something to the effect of formulat- certain legal areas than others. Among ing the appeal so that it would be clear other things, I have worked in the field to the Supreme Court how the title of a of company law at the Ministry, so an forthcoming precedent could be formu- interesting issue in this area would be of lated. As an attorney, it is easy to argue particular interest to me. primarily about why the ruling of the lower court was incorrect. However, in You have a solid background. Which the Supreme Court, this is not the focus job so far has been the most fun, most but, rather, it is about finding an interest- rewarding or influenced you the most? ing precedent. I have been very happy in all of my What do you most like to do when you previous jobs. It is difficult to make a are not working? comparison. My role as Director-General for Administrative Affairs at the Ministry I have three school-age children and I of Justice was exciting in the sense that devote a great deal of time to them when I enjoyed good insight into the manner I am not at work. Through the years, I in which high-level political decisions have done a lot of running, competed are taken. From my time working as an in athletics in middle-distance running attorney, I recall in particular the satis- when I was young and, later, also ran faction of assisting clients in a good way, marathons. When I have time, I still try such as winning a case in court. to get in some runs.

How does it feel to be back on the bench? What is your advice to younger lawyers? It has been quite fun to return to the If the opportunity presents itself, try dif- bench. After being away from the courts, ferent legal positions. One of the advan- I have lost some of the judgecraft. Even tages of practicing law is that one has the though I worked with issues from a time to try different types of work over legislative perspective, I feel that there a long career. There is no need to rush in has been a readjustment in assuming the the choice of your track. role of a judge. However, at the Supreme Court, there are normally two rulings from lower courts and thorough research from the judge referees serving as a basis In welcoming a new for our assessments. Accordingly, we do Justice, the entire not start from scratch. staff assembles in the plenary chamber and the In your view, what characterises a good Justice adds his or her name to the legal argument in the Supreme Court? Book of Members of the Court and hangs When I worked as an attorney, I had his or her portrait on the opportunity to draft some appeals the portrait wall. to the Supreme Court. I kept in mind

10 11 12 ew Administrative Director On 1 January 2020, Maria Edwardsson assumed the position of new administrative N director of the Supreme Court. Previously, she was the head of one of the drafting divisions at the Court for two years.

What is your professional background? colleagues. The position entails a great deal of development work and recruit- I am an associate judge of the Svea Court ing. The administrative director also of Appeal. I also worked some years at operates as a link between the drafting a commercial law firm, mostly in Lon- organisation and the Justices. As admin- don. In addition, I taught criminal law istrative director, I strive to ensure that at Uppsala University and I have been the operations move along smoothly and a legal expert at the Ministry of Justice, evolve – in both big and small ways. Division for Criminal Law. Before I started at the Supreme Court, I worked What do you most like to do when you at the Solna District Court for seven are not working? years as a judge, deputy senior judge and temporary senior judge. I gladly spend time with my children and often tag along to their sporting activ- What drew you to apply for the position ities. I have also recently purchased a as administrative director? horse, which naturally takes up a great deal of time. I enjoyed very much working at the Su- preme Court and I am always attracted Do you have any good book tips? to new challenges. What I found most appealing was the prospect of being part I read a broad variety of subjects and of the development of the Court and to mostly in English. The last book I read be able to work and have an impact on a with my book club was Where the Craw- more general level. dads Sing by Delia Owens. It is highly readable. I sometimes enjoy a good who- What does an administrative director do? done-it that doesn’t have too much vio- lence – I am exposed to enough of that I am the head of the office which consists in what I read for work at the courts. At of two drafting divisions and one admin- the moment, I am reading a Canadian istrative division. These divisions include series by Louise Penny. the entire staff with the exception of the Justices. I assist President Anders Eka What is your advice to younger lawyers? and Head of Division Gudmund Toijer in their work of managing the Court and Don’t be afraid to take a chance with I am responsible, for example, for plan- new things and take on new challenges. ning and following up on the activities of Do what appeals to you and feels right the Court, budget issues, security issues for you – listen to others, but make your and work environment issues with the own decisions. excellent assistance of knowledgeable

13 Digitalisation in D the Supreme Court

Under a crystal chandelier in a corridor on the third floor of the Supreme Court there is a room divider covered with small, handwritten notes. Anyone who approaches it and reads the notes will perhaps see that it describes the routines, annotated in minute detail, for processing cases and matters in the Supreme Court. The room divider with notes was intended to create an overall view of all stages of administration prior to the conversion to working digitally in March 2020.

Working digitally has resulted in efficiencies for everyone working at the Supreme Court and was very useful when Sweden was hit by the coronavirus pandemic.

This article provides a summary description of the digital development in the Supreme Court and how it has affected our day-to-day work.

14 The digital development

Greater digitalisation in the work process

Working remotely

The Justices and digitalisation

E-archive and the future perspective

15 16 The digital development

As early as the mid- ever-greater extent with individuals 1. 90’s, preparations by e-mail and provide more electronic were underway in the services. This also applies to the courts. Swedish courts for Anyone who wishes to submit a docu- a pilot project which was intended to ment to a court no longer needs to do so equip certain courts with electronic com- on paper. munications equipment for the transmis- For some time, it has been possible to sion of sound and images. Among other initiate criminal proceedings digitally. As things, the idea was that parties and part of the trend towards greater digital- witnesses who had to travel long distanc- isation in the work process, furthermore, es to the court would not need to appear it will be possible, commencing 1 Janu- personally in the courtroom and, instead, ary 2021, to sign a summons application could provide their testimony from a in disputes by means of electronic signa- court in the area where they resided. ture and to submit these forms digitally. At that stage, modern technology had It will also be possible to initiate certain evolved sufficiently that it was possible other matters digitally. to use it in a suitable way also at trial. Naturally, technological developments The pilot project was a success and, have also brought about changes in through the reform, “A More Modern the day-to-day work of the courts, and Trial”, the Parliament subsequently the digital administration of cases and resolved that the technology would be matters has become all the more promi- permanently implemented in all courts nent. This is also the case in the Supreme and that a long-term gradual develop- Court. All documents submitted to the ment of the technology would also be Court are now scanned digitally. Even if effected. The reform entered into force there is some handling of paper docu- on 1 November 2008 and entailed major ments, it is likely that the often quite changes to trial procedure in the Swedish voluminous paper files will become a general courts. It was intended to imple- thing of the past and that all files will be ment necessary changes by, among other wholly digital in the future. things, improving the use of modern technology. For example, general rules regarding participation at trials via video conference were enacted. In 2012, a more coordinated effort was pursued in the development activities in the public administration sector within the area of information and communica- tions technology, so-called e-government. All governmental authorities were tasked with developing a digital infrastructure. As a consequence of developments in digital communications, govern- mental authorities communicate to an

17 18 Greater digitalisation in the work process In the spring of 2019, process at the Court was to be realised. 2. a working group “When the pandemic reached Sweden, was assembled at I let out a great sigh of relief know- the Supreme Court to review the meth- ing that the digitalised process was in od for making the work process more place. It was particularly good timing, digital. The working group consisted of I must say,“ adds Ann-Sofie. Justices, judge referees, drafting clerks, Thus, since March 2020, the work at the court clerks and administrative person- Supreme Court has been carried out al- nel. The first step was to survey the case most entirely in digital form. The collab- management process. The survey was oration in case management between the intended to clarify all work elements drafting law clerks, judge referees, court from the receipt of a case by the Court clerks and heads of the drafting divisions until its conclusion. The room divider is now, in principle, exclusively digital. with handwritten slips of paper was the Among other things, this has made the result of this survey. Among others, the work more efficient and created the pos- person responsible for transforming the sibility for these personnel categories to slips of paper into a clear flow chart was work from home during the coronavirus the archivist and activities development pandemic. specialist, Ann-Sofie Arvidsson. Few employees these days encounter “Everyone was involved and contribut- a physical file during a workday, but ed notes to the divider. Every category this has not always been the case. Bibbi of employee provided a piece of the Englund Wikström has worked at the puzzle as to how the Court works in Supreme Court since 1987. She was em- practice,” says Ann-Sofie. ployed as a stand-in caretaker, but quite Following the survey work, the effort got soon thereafter started working at the underway to design the digital work pro- registrar’s office where cases are received. cess. The time-consuming work involv- Today, she is the assistant head of court ing physical files was to be replaced by clerks at one of the court’s two drafting digital administration which was based divisions. As junior court clerk, she par- on the annotation of various adminis- ticipated in the work of computerising trative elements by status changes in the the Supreme Court, and she recalls how digital system. According to Ann-Sof- grand and historical it was when the ie, the survey shed light on the fact transition was made from typewriters to that certain elements in administrative computers. procedures could be discarded in order “When I started at the registrar’s of- to create a better digital flow. The work fice, we registered parties and personal continued until 2 March 2020 when the details on forms using carbon paper. If digital process was launched. During a you made a mistake, you used a steel period of just under one year following plate with holes of various sizes when the day on which the working group you were going to erase,” says Bibbi, was formed, all of the employees of the who adds that such registration sheets Court had been involved and submitted can still be found in very old cases. their views regarding how the digitalised

19 Today, documents from the lower courts each case still has a file jacket, i.e. a file are no longer sent to the Supreme Court wrapper, but it is often empty. in cardboard boxes, but are normal- For the court clerks, digitalisation has ly submitted digitally by e-mail. Anne meant that work has changed in several Karjalainen, who works in the registrar’s ways. Previously, the clerks waited for office, explains that one difference com- the new cases to be distributed by the pared to the past is that new cases now office caretakers during the day. Now, come in at all hours of the day. Previ- instead, regular searches are carried out ously, cases were received only with the for new cases in the computer system. By morning post. According to Anne, it took digitally signalling that a step needs to some time to get used to this change. be taken, the clerks rarely need to search However, she clearly perceives a num- for a file. Most often, it is upon despatch ber of advantages over disadvantages in that the file jacket is taken out when it digitalisation which has gone on for some and the signed ruling are to be sent to time, even if the largest changes took the archives for filing. place during the last year. Anne and her colleagues at the registrar’s office were de- lighted and somewhat surprised by how well everything flowed immediately after the digital work process was realised. Anne is grateful to those who laid the foundations for the digitalisation, and she does not believe that it would have worked as well without the careful preparations. She and her colleagues in the registrar’s office, who also participat- ed in working groups for the implemen- tation of digitalisation, look forward to the time when all of the Court’s cases are administered digitally. “The work was more physically de- manding before, and we will no longer have to handle heavy files,” says Anne, who adds that one of the most positive effects of the digitalisation is the time savings. Bibbi, Anne and Ann-Sofie all testify to the fact that the transition to the digital From the left in the picture: work process has gone well. The biggest concern in anticipation of digitalisa- Sonia Ericstam Drafting Law Clerk tion was the risk that cases would fall through the cracks in digital file manage- Therese Johansson ment. In order to avoid this happening, Court Clerk

20 21 22 Working remotely

All employees of the While working, a judge referee reviews Supreme Court have the documents in the case. All of this is been affected by the now done through digital access. A judi- digitalisation work. cial enquiry is carried out and a basis for 3.For some, however, the digital work an oral presentation or written report is process has, to a greater extent than for produced. The material is assembled and others, also been part of their day-to-day made digitally available for the Justice or work even before March 2020. Approx- Justices who are to address the issue of imately 30 judge referees work at the leave to appeal or who are in some other Court. Around one-third of them work way to take a decision in or decide a case. remotely either from Malmö or Gothen- Robert Lind is one of the judge referees burg. That makes it possible for them to who works remotely, and his workplace continue to live where they performed is at the premises of the Administrative their training as judges. Historically, part Court of Appeal in Gothenburg. of the work duties of the judge referees “Since I am working remotely, I had to be carried out on site in Stock- distribute judicial enquiries and other holm, e.g. certain tasks which entail documents electronically to the Justices, a large degree of collaboration with and most of my oral presentations take colleagues. Presentations of precedential place via digital video technology. The cases have also most frequently been car- digital systems are currently very relia- ried out on site in Stockholm. However, ble and there are rarely any problems,” digitalisation of files and other work ma- says Robert. terials, as well as the expanded and im- According to Robert, it would be going proved digital infrastructure, have made it too far to compare a presentation by dig- possible for almost all work duties – with ital video technology with one in which the exception of participation in main a meeting physically takes place with the hearings – to be carried out remotely. Justices, but he believes that the pres- During the pandemic, it has essentially entations are basically equal. He finds been necessary to work in this way. that the digital presentations are more A judge referee first comes into contact efficient since judge referees who work with a case when he or she is allotted the remotely do not need to travel to Stock- case or when the judge referee is in- holm for brief oral presentations. volved directly with the review of incom- ing cases. Previously, this was done by printing out lists of the cases and going From the left in the picture: through the documents in the physi- cal files. Currently, a judge referee can Stefan Reimer Justice review both lists and individual cases via a secure connection to the case manage- Kerstin Calissendorff ment system. All documents are digitally Justice available. Even the legal databases and Robert Lind other literature used are largely accessi- Judge Referee ble digitally.

23 24 The Justices and digitalisation

For the Justices, dig- inclusion of technology. Subsequently, 4. italisation has above however, it was understood that the all entailed greater new technology facilitated activities efficiency in the man- involved in the formation of prece- agement of the large quantity of cases re- dents.” ceived by the Court each year and which, After some thought, Ann-Christine for various reasons, are not deemed to be continues: interesting from a precedential point of “As far as the Justices are concerned, view. This has allowed for greater focus I believe that the greatest improvement on the creation of precedents. All cases in terms of efficiency and quality in which are considered for appeal are now terms of the rulings of the Supreme distributed digitally to the Justices. This Court occurred in 2003 with the has been particularly significant during transition from red pens to computer 2020 given that the Justices could review technology in draft judgments prior to the material from their homes. Digital taking the final decision in precedential video technology has been used, further- cases. The change evolved gradually more, in conjunction with presentations and began with displaying the text the and reconvenings in order to safeguard Court was working with on a large the activities and reduce the risk of screen. After it became clear to us contagion. Ann-Christine Lindeblad has that the Justices who were seated with worked as a Justice for slightly more their backs to the screen nearly always than 18 years and looks back on the left the presentation room with a sore developments which have taken place. neck, a computer screen was installed “Since I started working at the Su- where each Justice sat. It was a success preme Court, the changes have been once we had all learned that there was numerous,” explains Ann-Christine. no point in excitedly pointing at our “One change which has definitely own screen when we wanted a change proven to be for the better both in to be made. We now only have a cou- terms of efficiency and quality in the ple of active Justices who have been activities, is precisely the digitalisa- along for the entire technical journey tion which took place and is ongoing. and, when we describe “how it was in When I came to the Supreme Court the old days” to younger colleagues, – directly from my position as a chief they no doubt perceive it as merely judge at the district court – it felt anecdotal. In any event, I believe we as though the Court was last in the are all quite pleased with the technical technical developments concerning developments. everything in the activities from case management to activities that cre- ate precedents, which is the Court’s primary task. Yet, I soon understood that there was an explanation for this:

Ann-Christine Lindeblad the formation of precedents was, quite Justice simply, not considered amenable to the

25 E-archive and the future 5. perspective

After a case has made its way through ceedings. The changes make it possible, the various phases of the proceedings among other things, to sign a summons and has been decided, its last stop is the application, an application for a new archives of the Supreme Court. Digitali- trial or for restoration of time expired, sation also comes into play at this stage or a power of attorney by means of an and, presently, far fewer physical doc- electronic signature and submit the docu- uments are archived than before. What ments to a court digitally in lieu of in is now saved in paper form is limited to paper form. final rulings and other documents which There is no doubt that digitalisation require a signature. Ann-Sofie, who has influenced the day-to-day work at works in the archives, thinks it will be the Supreme Court in a manner and to interesting to see how the digitalisation an extent which could hardly have been work will be carried on into the future. foreseen a number of years ago. The She mentions by way of example that the question is what will happen with techni- Swedish National Courts Administration cal progress in the future. For example, has implemented an electronic archive will we see elements of artificial intelli- for the courts and that all courts will gence in the activities of the courts? Is eventually be connected to the e-archive. there something else we cannot antici- This means that digital documents may pate today? It remains, quite simply, to be stored, made available and preserved. be seen what the future holds and what Accordingly, in order for the courts to be awaits around the next corner. able to work in a completely digital way, the e-archives are essential. In addition to the fact that technical possibilities and changes influence how we can work at the Supreme Court, legislative changes can also facilitate our digital work process. On 1 January 2021, for example, legislative amend- ments entered into force the purpose of which is to make possible or facilitate digital communications in court pro-

26 27 28 The Council on Legislation and the Supreme Court Sweden does not have a constitutional court. L The task of examining the compatibility of norms with the Constitution instead rests with all courts within the framework of handling individual cases and matters. However, the standards review is strengthened by the preliminary review carried out by the Council on Legislation. The task of the Council on Legislation is constitutionally grounded and consists of providing advisory opinions regarding legislative proposals pertaining to, among other things, the manner in which they relate to the Constitution.

The function performed by the Council on 20-22 of the Instrument of Government. Legislation has a long history. Its origins The Government or a parliamentary are in the advice given to the King by the committee must obtain an opinion from Council of the Realm. When the Supreme the Council on Legislation in respect Court was established in 1789, the Court of proposed amendments to the con- could also give opinions on matters of stitutional acts governing freedom of legislation in certain cases. By virtue of the the press and freedom of expression in Instrument of Government of 1809, the certain media and proposals for laws Supreme Court assumed this task in its en- relating to the freedoms and rights of tirety. During the second half of the 1800’s, individuals and personal and economic this task became increasingly burdensome relations of individuals and obligations and, in conjunction with the establishment of individuals to the state. of Regeringsrätten (currently the Supreme A review by the Council on Legislation Administrative Court) in 1909, the Coun- addresses the manner in which the leg- cil on Legislation was created. islative proposal relates to the Constitu- The Council on Legislation consists tion and the legal system in general, how The Council on Legislation of Justices and former Justices from the the provisions of the proposal relate to has its premises in the Supreme Court and Supreme Adminis- one another and to the requirements of same building as the Administrative Court of trative Court and its organisation is gov- the rule of law. In addition, the Council Appeal on erned by law. The Council on Legislation on Legislation examines whether the islet in Stockholm. The Supreme Court operates is organised in divisions where each proposal is formulated in such a manner as the host authority and division consists of three members with that it may be assumed that the act will ensures that the Council at least one active Justice. Normally, two fulfil the stated purposes and any prob- on Legislation has at its disposal functioning divisions are in active service. lems which might arise in its application. premises and staffing. The mandate of the Council on Legis- The Council on Legislation issues lation is set forth in Chapter 8, Sections approximately 100 opinions per year.

29 In practice, the process of scrutiny by The coronavirus pandemic also left its the Council proceeds such that a pro- mark on the activities of the Council on posal referred to it is presented by civil Legislation in 2020. To a large extent, leg- servants from the Government Offices islative proposals have been presented dig- who have been involved in drafting the itally. Members of the Council have found proposal. The procedure then concludes that it has worked well and that it has not with an opinion where the Council on hampered the quality of their work. Legislation reports the results of its Certain proposed legislation related review. The opinion may address several to the coronavirus pandemic has been issues, from purely technical legal points produced subject to time constraints, and of view to objections that the proposal the Council on Legislation has received is not compatible with the Constitution requests to hold presentations and render or is otherwise in conflict with another opinions more swiftly than usual. The legal rule. The Council on Legislation clearest example of that is the proposal may also express an opinion regarding referred to the Council on Legislation, the procedure prior to the drafting of Temporary Authorisation in the Commu- the proposed law. Sometimes, the review nicable Diseases Act as a Consequence results in the Council on Legislation of the Virus which Causes Covid-19. The approving the proposal by having no proposal contained temporary amend- comments. When the Council on Legis- ments to the Communicable Diseases lation has serious objections, it advises Act which would empower the Govern- against enacting the proposal. ment in certain cases to issue regulations The opinion of the Council on Leg- regarding special measures, such as islation is advisory, and it is up to the temporary limitations on gatherings and Government and Parliament to determine closures of shopping centres and restau- whether the opinion will be considered. rants. The proposal was submitted for re- In the event the Council on Legislation view to a limited number of consultative has been highly critical of a proposed bodies with a response time of 24 hours law, however, there is some risk if the starting on a Saturday evening. legislature enacts a law contrary to the The Council on Legislation pointed out recommendations of the Council. By that, even if the situation was unique, application of the provisions regarding the preparation of the proposed legisla- judicial review in Chapter 11, Section 14 tion raised some concerns. In addition, of the Instrument of Government, a court the Council stated that the proposals for may subsequently find that the legislation measures were too general and should violates a superior norm – or that a pre- be restricted to the measures stated by scribed order in some material respect has way of example in the proposal circulat- been disregarded in the inception of the ed for comment, with the addition that legislation – and refuse to apply it. the Government could also issue other The connection between the opinion of similar measures. The Government and From the left in the picture: the Council on Legislation and a subse- Parliament essentially followed the pro- Inga-Lill Askersjö quent judicial review is illustrated in the posal by the Council on Legislation. Justice and member of the case, NJA 2018, p. 743 (the Brief Period The role of the Council on Legislation Council on Legislation of Referral case). The case pertained to in the legislative process has at times Eskil Nord an amendment of weapons legislation been a highly debated issue. In the 2011 Former Justice and member which, according to the Council on Leg- review of the Instrument of Govern- of the Council on Legislation islation, had not met the preparatory re- ment, however, there was political unity quirements in Chapter 7, Section 2 of the regarding the great value in the prelim- Stefan Johansson Justice and member of the Instrument of Government. The Supreme inary review carried out by the Council Council on Legislation Court did not find reason to refuse to on Legislation. In addition, more pro- apply the new legislation but was critical posed legislation is submitted for review Mohamed Ali Judge Referee in the of the manner in which the preparations by the Council than before. Supreme Court in a meeting of the amendment had come about. at the Council on Legislation

30 31 32 eferral leave and fast-track leave

A significant number In order to ensure the development of the actions amena- of precedents relating to civil cases, the ble to out-of-court legislature has, however, equipped the R settlement that are Supreme Court with a number of tools. adjudicated in Sweden unfortunately Two of these are the so-called fast-track do not make it to the Supreme Court. leave and referral leave. This means that the Court does not have access to the same rich assortment of Fast-track leave cases available in other areas of law in Fast-track leave was introduced in April order to form precedents. An important 2016 (see Chapter 54, Section 12 a of explanation for this is that the processing the Code of Judicial Procedure). The times for these types of cases are often purpose of the provision is primarily to long when a case is decided by two or strengthen the basis for the development three judicial instances. This means that of precedents for all types of cases, i.e. the parties sometimes are reluctant to to ensure that the Supreme Court has resolve disputes in courts. This is also the possibility to create more precedents. one of several reasons why many actions The basis for leave makes it possible for amenable to out-of-court settlement are the Court, in cases in which the court of adjudicated in arbitrations instead of in appeal has decided not to grant leave to the general courts. appeal, to grant leave to appeal in the Another reason why so few actions Supreme Court in respect of a preceden- amenable to out-of-court settlement tial issue, i.e. examination of an issue reach the Supreme Court is that the which is of importance for providing courts of appeal do not grant leave to guidance to the application of law. appeal in a significant number of the When the Supreme Court has adjudi- cases. The courts of appeal have no cated the precedential issue, the Court possibility to grant so-called partial leave determines whether leave to appeal will to appeal. Even if the Supreme Court be granted for examination of the case in identifies a precedential issue and grants the court of appeal. The reason for such leave to appeal in the court of appeal, leave may be found, for example, where this means that the entire case must be the ruling of the district court rested on adjudicated by the court of appeal. In a different assessment of the precedential these cases, this first entails examination issue and, accordingly, there is reason to by the district court and then the court doubt the correctness of the outcome of of appeal’s examination of the issue of the district court’s ruling. In other cases, leave to appeal, followed by examina- leave to appeal is normally not granted. tion by the Supreme Court of the same The manner in which this section of issue and examination on the merits in the Code of Judicial Procedure works the court of appeal, as a consequence may be illustrated by case NJA 2017, p. of which the processing time is often 362. In this case, in a dispute involving lengthy and the costs are high. It is com- a will, the court of appeal decided not mon that these cases do not reach the Johnny Herre to grant leave to appeal. However, the Justice Supreme Court. Supreme Court granted leave to appeal

33 “regarding the question of the standard of publisher for the www.dn.se database, of proof of the parties for such circum- to be held criminally and tortiously liable stances that are of importance as to for the information provided in the da- whether the will had been revoked or tabase during the period of time she was not”. In the ruling, the Court explained the publisher for the database notwith- who had the burden of proof and the standing that the information was added evidentiary requirement that was to be to the database prior to such period of applied. Since the district court applied a time?” The Supreme Court found that corresponding view, it was decided that GH was responsible for the information. leave to appeal would not be granted In the latter ruling, a customer of a in the rest of the case and, therefore, printing business invoked five different the judgment of the district court was grounds as to why the customer should affirmed. be entitled to repayment of previous- ly paid printing VAT. In this case, the Referral leave district court asked whether the printing Referral leave (see Chapter 56, Section business had an obligation, on the basis 13 of the Code of Judicial Procedure) is of any of the grounds invoked in the from an earlier time. This basis for leave case, to repay in a certain manner the cal- entails that a district court and, once culated VAT amount. The Supreme Court leave to appeal has been granted, a court came to the conclusion that the seller of of appeal, with the consent of the par- the printing services, based on one of the ties, may refer a certain issue in the case referred grounds, was obliged to repay for examination by the Supreme Court. the VAT amount. Accordingly, there was In order for the Supreme Court to be no reason for the Court to examine what able to examine the issue, leave to appeal the customer had otherwise asserted. is, as a rule, required. Thus, the Court determines whether an issue which has Concluding comments been referred to the Court really is such Referral leave and fast-track leave are an issue which is to be examined due to two important ways for the parties in an its importance for the guidance of the action amenable to out-of-court settle- application of law. ment to obtain a ruling regarding issues Referral leave imposes considerable to be examined by the Supreme Court requirements on the parties and the court due to their importance for the guidance in order for it to work as intended. The of the application of law. However, in legal points of view of the parties must order for these bases for leave to be ef- be clear and the factual issues should fective tools, it is often necessary that the have been thoroughly investigated. There parties – and, as regards referral leave, is nothing to prevent more than one the courts – contribute by addressing the issue from being raised or an issue being issue and pointing out the part of the raised against the background of several case that can be adjudicated directly by different causes of action brought by one the Supreme Court. When properly used, of the parties. the Supreme Court has, through these Referral leave may be illustrated types of leave, been afforded additional through the examinations made in case possibilities to contribute to the develop- NJA 2013, p. 945 and in case NJA 2015, ment of precedents also in the area of ac- p. 1072. In the first of these rulings, the tions amenable to out-of-court judgment. daily newspaper, DN, had published an article in March 2006 which was in DN’s database in 2009 when a new person was appointed to be the pub- lisher. The district court formulated the question here as “is GH, in the capacity

34 35 Cases in brief

CI V IL L AW Insurance company deemed liable for A Sami reindeer herding and economic damages for erroneous premature termi- district was deemed to possess a sole nation of a corporate insurance policy right to grant hunting and fishing rights (Case NJA 2020, p. 115, the “Missing (Case NJA 2020, p. 3, the “Girjas” case) Cows” case) The Girjas Sami district engages in A person was engaged in economic activ- reindeer husbandry, among other places, ity involving, among other things, animal in a very large area above the so-called husbandry. He filed a police report cultural boundary in Norrbotten county. claiming that approximately 70 cows The Reindeer Husbandry Act entails that had been stolen and contacted his insur- members of the Sami district may hunt ance company at which he maintained and fish in the area, but also that neither his business insurance policy. The theft the Sami district nor its members may investigation which was launched was grant hunting and fishing rights to third closed later on. Instead, the insured was parties. It is principally the County Ad- suspected and indicted for attempted, or ministrative Board which takes decisions preparation to commit, insurance fraud. regarding such grants and the regulation The insurance company then terminated has remained essentially unchanged since the policy in advance. The insured was the first Reindeer Grazing Act in 1886. acquitted and brought an action against The Supreme Court concluded that the the insurance company and claimed that Reindeer Husbandry Act is based on it was to be established that the company the view that hunting and fishing rights was liable for damages since it was not fundamentally belong to the state. How- entitled to terminate the policy. In order ever, the Court found that the sole right for an insurance company to be liable belonged to the Sami district by virtue of for damages for erroneous premature immemorial prescription. The conclusion termination, it is necessary, according to was based on the fact that, in the middle the Supreme Court, that the company of the 1700’s, a right had evolved for the was negligent, which must be shown by Sami alone to decide on granting hunting the insured. The burden on the insur- and fishing rights in the area, that the ance company is high, and termination state had not acted since such time in a must be based on firm grounds which manner according to which the right had make it possible to take a well-founded terminated, and that the right, by virtue decision. The Supreme Court found that of the 1886 Reindeer Grazing Act and the insurance company was not entitled subsequent acts, was transferred to mem- to terminate the policy prematurely and bers of the Sami district. that the company was negligent. Accord- ingly, the Court found that the insurance company was liable for damages.

36 A creditor who mistakenly instructed his to be necessary under the prevailing debtor to pay a third party may bring a circumstances. The Supreme Court was claim against the third party when the of the opinion that the intervention was debtor, by virtue of the payment, had very brief and appropriate to the situa- settled the indebtedness to the creditor tion. Accordingly, no offensive treatment (Case NJA 2020, p. 334, the “Dental occurred within the meaning of the Care Subsidy” case) Swedish Education Act. A dental care company was entitled to a dental care subsidy from the Swedish Preconditions for granting a building Social Insurance Agency. By mistake, permit for a measure (mobile telephony the Agency was instructed to pay the mast) which deviates from a detailed subsidy to an account which belonged development plan to another company. The payment from (22 October, the “Natural Land in Hem- the Agency to the other company was meslöv” case) made in discharge of its liabilities, i.e. A company applied for a building permit the Agency had performed its duty and to set up a telecommunications tower in was not at risk of needing to make a a residential area on land which, accord- payment once more. The Supreme Court ing to the detailed development plan established that the first company may from 2007, constituted natural land. The bring a demand for payment against the municipality denied the application since other company which received the pay- the measure was in violation of the de- ment. Such a claim may be granted if the tailed development plan and was deemed recipient has no reason to believe that it to give rise to substantial inconvenience is entitled to the payment. In other cases, for the use of the green area and for a balancing of the conflicting interests of nearby residents. The Supreme Court the parties is to be carried out. considered in the case the conditions for granting a building permit for a measure Assessment of whether physical inter- which deviates from a detailed develop- vention against a student was within the ment plan. The Court was of the opinion framework of the teacher’s supervisory that the facility for wireless telecommu- duty nications serves a public interest and, (Case NJA 2020, p. 578, the “Sofa in the accordingly, that there were per se pos- Break Room” case) sibilities for granting a building permit A teacher intervened against a disruptive at variance with the plan. However, the student by briefly grabbing the student’s Court found that a supplemental suit- neck. As a rule, intervention which is ability assessment must be carried out. within the framework of the authority The interest in the measure was then to granted by the Swedish Education Act be balanced against, among other things, normally does not constitute offensive the interest of the municipality in pre- treatment within the meaning of the Act. serving to a reasonable extent its exercise The Supreme Court stated that the start- of influence over the use of land. Since ing point must be that disruptions at the the municipality provided noteworthy school must first be resolved by means and legitimate reasons for opposing the other than physical intervention. How- measure, the appeal was rejected. ever, it is inevitable that situations may arise in which it is necessary to physi- Lease agreement between property own- cally intervene against a student. Such er and tenant regarding apartments for a intervention must then be moderate and care home was deemed to constitute the transpire over the shortest period of time lease of commercial premises possible. In an assessment of whether an (11 September, the “Premises in Guld- intervention fell within the framework of dragaren” case) the supervisory duty, consideration shall A city district committee in the city of be given to what the teacher perceived Stockholm rented, by means of two

37 lease agreements with a tenant-owners’ CR IM I NA L L AW association, apartments in order to, in turn, lease them out for a so-called care A seller of narcotic preparations can, home. Each agreement pertained to a under certain circumstances, be deemed lease object with six separate apartments liable for gross causing the death of and certain common areas. After the another association terminated the agreements (Case NJA 2020, p. 397, the “RC24” for amendment of the terms and condi- case) tions, the question arose as to whether Via its website, a company sold, among the agreements pertained to leasing other things, fentanyl analogues intend- apartments or commercial premises. In ed for use in the form of a nasal spray. particular, the formulation of the agree- Eight persons died after having used the ments, the intended use and the purpose sprays. Two persons in the company of the lease and the significant element of were convicted by the district court and care activity entailed that the agreements court of appeal of causing the death of between the parties were to be regarded another. One of the persons appealed. as pertaining to the grant of commercial According to the Supreme Court, the sale premises notwithstanding that the resi- entailed unlawful risk-taking, as a con- dential apartments constituted separate sequence of which the act was negligent. apartments. The accused had, furthermore, perceived the risk of death and was therefore also The interest in freedom of information responsible for the acts. The starting is not a bar to the right to compensation point in the sale of, for example, nar- for copyright infringement cotics is that liability for causing the (Case NJA 2020, p. 293, the “Mobile death of another does not arise in the Film” case) event someone voluntarily uses a certain A candidate for the Parliament was preparation. However, liability may involved in a dispute on Kungsgatan in arise for a seller in the event the buyer Stockholm. The man filmed the event cannot be deemed to have had adequate on his mobile telephone. A clip from the possibilities to assume responsibility for film was uploaded, with his approval, oneself and one’s health. The Supreme to his political party’s YouTube chan- Court was of the opinion that the case nel. An evening magazine published on involved extremely dangerous substanc- its website a lengthy section from the es, the dosages of which are difficult to film, sequences which the man had not gauge and the risk of use of which the permitted to be shown on the YouTube buyers could not foresee. Accordingly, channel. Based on these sequences, SVT the Court found that the accused could published, without the man’s approval, be found guilty of gross causing the still images and film clips for a period of death of another. years in different news features and pro- grammes. The Supreme Court found that The accused was not sufficiently aware the general public interest in information of his actions in order to find him guilty in a case such as this one cannot extin- of the act for which he was indicted guish the right to obtain compensation (Case NJA 2020, p. 169, the “Delusion” for SVT’s use enjoyed by the man in the case) Swedish Copyright Act. A man who previously did not suffer from any psychological disorders suf- fered an acute psychotic event with an entirely distorted perception of reality. In this condition, he assaulted a close relative. Criminal intent requires that the perpetrator is sufficiently aware of his or her actions. He or she must have

38 a basic understanding of the context also appeared on the picture as well as and the circumstances in which the act a link to the victim’s Instagram account. is committed. It is the prosecutor who The accused, whose Instagram account bears the burden of proof in this regard. had approximately 500 followers at The Supreme Court found that it was that time, was charged with unlawful not proven that the man was sufficiently breach of privacy. The Supreme Court aware of his actions and acquitted him. established that the picture showed the victim in a very exposed situation as Undue benefits? required by the penal provision regard- (Case NJA 2020, p. 241, the “Musical ing unlawful breach of privacy and that Dinners” case) the dissemination of the picture could The Prosecutor brought an indictment be deemed to be intended to entail such against representatives of two industry grave harm as is referred to in the pro- organisations and claimed that they were vision. The accused was found guilty of guilty of providing bribes for having unlawful breach of privacy and ordered invited employees at two government to pay day-fines. agencies to a number of dinner events. The invitees were, in turn, indicted for A man who made threats via social me- having accepted bribes. The Supreme dia to “everyone” at an upper-secondary Court examined only the question of school has been convicted of making an whether the dinner events constituted unlawful threat undue benefits. If the benefit has a clear (Case NJA 2020, p. 510, the “Threat and specific purpose of rewarding or Against the Upper-Secondary School” influencing behaviour which is contrary case) to one’s duty, the inappropriateness is, as The accused wrote a text message in a rule, obvious. In other cases, an overall Swedish, translated it with the help of a assessment must be carried out. When digital translation service into Russian a benefit is provided to representatives and uploaded the text to Snapchat. The of public authorities it is, first of all, the text message could be read by approxi- integrity of the authority which is to mately 50 people, some of whom were be protected, i.e. the exercise of public students at the accused’s upper-secondary authority is to take place properly and school. One of the classmates translated the public is to have confidence in the the text in a similar fashion into Swed- authority. Criminal liability shall be lim- ish which then read, “On Thursday, I ited to actions which are clearly outside will come to school and shoot everyone. the limit of what is acceptable. Since the Those of you who survive your injuries employees, among other things, were will be slowly cut down by me with a required to actively cooperate with other knife. I hate whores!” The classmate persons within the industry, the Supreme spread the translation to additional stu- Court found that the dinner events did dents and the message was also read by not constitute undue benefits. personnel at the school. The accused was charged for making an unlawful threat. Unlawful breach of privacy? The Supreme Court stated that the threat (Case NJA 2020, p. 273, the “Instagram against “everyone” at school could be Picture” case) deemed directed both to students and per- The accused and victim were at the same sonnel at the upper-secondary school. The party. Sometime later, the accused posted group was limited and consisted of indi- a picture from the party on the accused’s vidual persons. The accused intended that Instagram account. The picture had persons at the school would be informed been taken without the victim’s knowl- about the threat and it was liable to instil edge and depicted him sitting on the serious fear for their personal safety. Ac- floor with his head over a toilet. He was cordingly, the accused was found guilty of intoxicated and had vomited. Some text making an unlawful threat.

39 Possession of a weapon in a context in of the actions of the student prior to the which narcotics are also handled strong- knife possession and the fact that the ly indicates that the weapons crime is to possession took place during an ongoing be deemed gross lesson, the Supreme Court found that the (Case NJA 2020, p. 615, the “Weapon crime was to be regarded as gross. and Cocaine Party” case) A man was in possession of a Glock A person subject to a restraining order brand gun at his home in which he also who has requested review by a court dealt with narcotics for the purposes during the period of validity of the of sale. He was charged, among other restraining order may obtain review by things, for a gross weapons crime, and a court notwithstanding that the period the main question before the Supreme of validity has expired (decided by the Court was when a weapons crime is to Supreme Court in plenum). be classified as gross due to the fact that (18 December, the “Restraining Order the act was of a particularly dangerous Review” case) nature. The Supreme Court stated that A person requested review by the district possession of a weapon in a context in court of the prosecutor’s decision to which narcotics are dealt, or the han- impose a restraining order. During the dling of narcotics linked to such dealing, proceedings before the district court, the there is a greater risk that the weapon period of the restraining order expired. will be used in the commission of a The district court rejected the request. crime and that persons may be injured. The decision was appealed. The court Possession of a weapon under such cir- of appeal rejected the appeal on the cumstances thus increases the danger of basis that the party who is subject to a the act to such a degree that it strongly restraining order cannot obtain review suggests that a weapons crime is to be of the decision when the period of the regarded as gross. The man was found restraining order has expired (case NJA guilty of a gross weapons crime. 2007, p. 993). In this case, the Supreme Court decided to reconsider, in a plenary Possession of knives at a school has been session, its position from 2007 by reason classified as a gross crime in violation of of the tangible and lingering repercus- the Knife Prohibition Act sions for the individual’s reputation and (21 October, the “Knife at School” case) opportunities on the job market which A 16-year-old student was in possession a registration in the criminal record of two knives and a metal pipe at an might have. Furthermore, it was deter- upper-secondary school. He had carried mined that the previous regime was not the knives concealed during lessons. compatible with the right to a fair trial The metal pipe was in his locker. The and the development in the of Supreme Court stated that the purpose the European Court of Human Rights of the Swedish Knife Prohibition Act is in recent years. The Supreme Court to reduce the risk that persons possess accordingly found that a party who has knives and other dangerous objects been subjected to a restraining order which can be easily used in the event and requested review by a court during of a dispute or conflict. The serious- the period of the restraining order may ness of the crime is also affected by the obtain review in a court notwithstanding context in which the knife possession that the period of validity has expired. occurs, e.g. if it involves possession at locations meriting protection. During school hours, a school is, as a rule, such a place. In addition, the assessment must take into account the motive of the perpetrator, the number of objects and their character. Against the background

40 41 The year in brief

1 January 2020 Administrative Director Maria Maria Edwardsson started as the new Edwardsson, Judge Referee Lovisa administrative director. Svenaeus, Court Clerk Bibbi Englund Wikström and Administrative Junior 7 January 2020 Judge Jenny Samuelsson Kääntä From 7 January 2020 – 19 April 2020, participated from the Supreme Court. there was a criss-cross exchange such that Justice Svante O. Johansson served 16 February 2020 on the Supreme Administrative Court The celebrated and Justice Erik Nymansson served on 100 years. At the jubilee in Reykjavik, the Supreme Court. President Anders Eka from the Supreme Court and President Helena Jäderblom 20 January 2020 from the Supreme Administrative Court Johan Danelius joined as a new Justice. participated. He came most recently from the Ministry of Justice where he served as the direc- 2 March 2020 tor-general for administrative affairs. The Supreme Court transitioned to digi- tal file management. 31 January 2020 Justice Ingemar Persson retired. He was 9 – 10 March 2020 appointed Justice in 2010. The Supreme Court visited the Jönköping and Skaraborg District 27 – 28 January 2020 Courts. Justice Agneta Bäcklund, Judge The Supreme Court visited the Göta Referee Mohamed Ali, Court Clerk Court of Appeal and the Eksjö District Therese Johansson and Administrative Court. President Anders Eka, Head of Junior Judge Emma Haals participated Drafting Division Cecilia Hager, Judge from the Supreme Court. Referee Ylva Meyer and Administrative Junior Judge Jenny Samuelsson Kääntä 15 October 2020 participated from the Supreme Court. The Supreme Court launched its website in English translation. A selection of 31 January 2020 rulings from the Court will be regularly The European Court of Human Rights translated and published in English. arranged the seminar on the theme, “The Convention as a Living Instrument at 21 October 2020 70” in Strasbourg. President Anders Eka All 16 Justices of the Supreme Court and Head of Division Gudmund Toijer met in plenum, entailing that a case is participated from the Supreme Court. decided by the Court as a whole. When a case is decided in plenum it is noted in 10 – 11 February 2020 in the Court’s memory book – a tradition The Supreme Court visited the Kalmar which began in 1876. District Court and the Växjö District Court. Justice Sten Andersson,

42 43 STATISTICS

44 Precedents

(number)

93

2020

Precedents per area of the law

procedural law (number) civil law criminal law

36

34

23

2020

45 Cases for which leave to appeal was granted*

(number) *Includes leave to appeal granted in the courts of appeal. 125

2020

Cases for which leave to appeal was granted per area of the law*

procedural law (number) *Includes leave to civil law appeal granted in the criminal law 54 courts of appeal. 48 56

48 48 39

35 32 30

2018 2019 2020

46 Processing times – cases requiring leave to appeal (90th percentile) Time to decision regarding leave to appeal

Cases considered: (months) Cases requiring leave to appeal (non-priority).

90th percentile: Nearly all cases. . target *Total number of cases considered: 5,069 . . . 2.6 Percentage decided by - 1 Justice: approx. 95% - 3 Justices: approx. 5%

2020

Processing times – time to approval for leave to appeal (median)

Median: (months) The normal processing time. .

. 3.7 . .

2020

47 Processing times – approved cases (90th percentile)

(months) Approved cases: Cases for which . leave to appeal target was granted . (non-priority). 17.1

. 90th percentile: . Nearly all cases.

2020

Processing times – extraordinary cases (90th percentile)

(months) Extraordinary cases: Grounds for new trial, . grave procedural error, target etc. (non-priority). . 90th percentile: . 8.8 Nearly all cases.

. Total number of cases decided: 712

Percentage decided by - 1 Justice: approx. 90% - 3 Justices: approx. 8% - 5 Justices: approx. 2% 2020

48 Total number of cases not decided

*Total cases received: (cases) 6,982. This is an increase of approximately 3% compared to 2019 and approximately 15% compared to 2016. 1,041 Total cases decided: 6,781. This is an increase of approximately 3% compared to 2019 and approximately 7% compared to 2016. 2020

Budget

*Outcome: (msek) Surplus of approximately 89 SEK 3 million.

2020

49 The Justices of the Supreme Court Anders Eka, born 1961, Justice since 2013, President since 2018 Gudmund Toijer, born 1956, Justice since 2007, Head of Division since 2016 Ann-Christine Lindeblad, born 1954, Justice since 2002 Kerstin Calissendorff, born 1955, Justice since 2003 Johnny Herre, born 1963, Justice since 2010 Agneta Bäcklund, born 1960, Justice since 2010 Svante O. Johansson, born 1960, Justice since 2011 Dag Mattsson, born 1957, Justice since 2012 Sten Andersson, born 1955, Justice since 2016 Stefan Johansson, born 1965, Justice since 2016 Petter Asp, born 1970, Justice since 2017 Malin Bonthron, born 1967, Justice since 2017 Eric M. Runesson, born 1960, Justice since 2018 Stefan Reimer, born 1962, Justice since 2019 Cecilia Renfors, born 1961, Justice since 2019 Johan Danelius, born 1968, Justice since 2020

50 51 Postal address: Box 2066, 103 12 Stockholm Visitor address: 8, Stockholm