Kravet på överklagbarhet - Förvaltningsmyndigheters beslut som exekutionstitlar

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: On the 1st of September 2022 an amendment in the Swedish Enforcement Code (1981:774) came into effect, with the result that an administrative decision today as a general rule becomes an enforcement title, under the condition that it contains an obligation of payment as well as being appealable. The purpose of this amendment to the law was to bring about a more effective enforcement procedure concerning these administrative decisions. The purpose of this thesis is to clarify the requirement of appealability for the administrative decision to become an enforcement title. In Swedish administrative law it is not unusual for there to be a prohibition of appealing certain administrative decisions, for example many decisions regarding refunding of government aids. At first glance such prohibitions would make these administrative decisions unappealable in a way that disqualifies them from becoming an enforcement title according to the Swedish Enforcement Code. The right to a fair trial, mainly according to article 6.1 of the European Convention on Human Rights, complicates this matter, as the Swedish Administrative Court has sometimes been forced to disregard such prohibitions to appeal in order to accommodate for this right to a fair trial. The Supreme Administrative Court has in two recent cases reached somewhat contradictory verdicts regarding the appealability of otherwise non- appealable decisions. In HFD 2019 ref. 43 the court chose to allow the appeal of a non-appealable decision on the account that it concerned a civil right which demanded a trial in accordance with the European Convention. In HFD 2021 ref. 8 on the other hand, the court decided not to allow the appeal, on the basis that the possibility of a trial in a general court was enough to satisfy the right to a trial. The issue of the prohibitions of appeal and whether they should be set aside or not in deference to the European Convention affects whether an administrative decision is an enforcement title or not, because of the condition in Chapter 3 section 1 that the decision be appealable. The questions regarding a prohibition of appeal and its compatibility with the right to a trial brings a level of uncertainty into the procedure of enforcement of administrative decisions, for the individual as well as for the affected authorities and courts.

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