Region Europe Nordic Countries

National Report

Summary of Contents

1. General Information

“All public power in Sweden proceeds from the people.” This is the opening statement in the opening chapter of the first amendment of the Swedish constitution, the Instrument of Government (in Swedish, Regeringsformen). This phrase sets the benchmark for the description of the representative democracy that is Sweden. Although it is a monarchy, through the years the power of the monarch has decreased to the extent that it is merely symbolic in the present day.[1]

The power structure in Sweden is as follows: people elect representatives to the Swedish Parliament (the Riksdag) and to local government (municipal and county councils) from which legislative power emanates. With support from the Parliament, a Government is formed to perform executive tasks. The Government also has initiative power in suggesting legislation. Chapter 1 of the Instrument of Government also emphasises that all public power is exercised under the rule of law/in conformity with the law.[2]

According to the UNDP Human Development Report, Sweden has one of the highest Human Development Index scores in the world with a value of 0.933. This places the country at number 7 on a worldwide ranking.[3] The index considers components such as life expectancy at birth, expected years of schooling, mean years of schooling and gross national income per capita.[4]

The table below indicates the Swedish gross domestic product for the last ten years in billions of Swedish crowns (SEK) and US dollars (USD).[5] N.B. the figures in SEK were extracted from Ekonomifakta (who extracted it from Statistics Sweden).[6] In 2018, the gross national income per capita was 482 000 SEK (~50 500 US dollars).[7]

Chart 01. Swedish GDP for the last ten years in billions of Swedish crowns (SEK) and US dollars (USD).  

Billions SEK
2008 (417 billion USD) 3 988 billion SEK
2009 (399 billion USD) 3 819 billion SEK
2010 (424 billion USD) 4 055 billion SEK
2011 (437 billion USD) 4 179 billion SEK
2012 (434 billion USD) 4 153 billion SEK
2013 (439 billion USD) 4 198 billion SEK
2014 (451 billion USD) 4 313 billion SEK
2015 (471 billion USD) 4 504 billion SEK
2016 (482 billion USD) 4 613 billion SEK
2017 (494 billion USD) 4 724 billion SEK
2018 (506 billion USD) 4 834 billion SEK


Using the Gini coefficient, the OECD (the Organisation for Economic Co-operation and Development) determined the level of income inequality among countries in the organisation and in 2018 Sweden had one of the lowest levels of income inequality with a score of 0.28.[8]The Gini coefficient is based on the comparison of cumulative proportions of the population against cumulative proportions of income they receive, and it ranges between zero in the case of perfect equality and one in the case of perfect inequality.[9]

Sweden does however have a growing problem of people living in low-income households. From 2008 to 2016, people in Sweden who lived under the EU standard for low-income household increased from 13 to 16 percent. As of 2018, seven percent of the working population of Sweden has an income level below the EU’s at-risk-of-poverty threshold.[10]

As we will observe later in this report, the form of government and the living conditions of the country’s population play a crucial role in access to justice. The principles underpinning the rule of law grant people the possibility of just dispute resolution and criminal justice but they also light the path to securing human rights. Interconnected with the rule of law are the living conditions that, in practice, either impede or facilitate human rights and access to justice.

3. Process and proceedings: overview

3.1. Criminal Procedure

In Sweden, the prosecution service is under the authority of the Swedish Prosecution Authority (Åklagarmyndigheten). It employs about 1,400 staff, 950 of whom are prosecutors while the rest are engaged with various support work.[1] The Swedish Prosecution Authority answers directly to the Ministry of Justice.[2] All prosecutors are independent in their decision-making, which means that a senior prosecutor cannot influence decisions a subordinate prosecutor might make in a case for which the subordinate is in charge.[3] Public prosecutors are recruited directly by the Swedish Prosecution Authority via their website.[4] Recruitment may be internal and/or external. To be eligible a candidate must have a law degree, have completed Swedish notary merit at a district court and be a Swedish citizen.[5] Candidates are assessed through structured interviews, a personality test and two performance tests.[6] Part of the recruitment process includes background checks regarding criminal records, census records, family relationships, grades and exams.[7] In Sweden, the earliest one can start earning state retirement pension is 61 and there is no upper limit. One has the right to work until the age of 67, however, one can work for longer if there is agreement with one’s employer, and one continues to earn pension rights.[8]

3.1.1. The Criminal Investigation Process

The Code of Judicial Procedure (rättegångsbalk 1942:740) regulates procedural law in the Swedish legal system.[9] The authority responsible for a criminal investigation depends on the severity of the crime committed. If it is a minor offence then the police conduct the investigation from start to finish. If the matter investigated is of a serious nature, then the prosecutor is responsible for conducting the investigation.

Once a crime has come to the attention of the police, a criminal investigation (brottsutredning), also known as a preliminary investigation (förundersökning), starts. The objective of a preliminary investigation is to ascertain whether there is a suspect and whether there is sufficient evidence to initiate prosecution.[10] Once the preliminary investigation is concluded, the prosecutor evaluates whether there is sufficient evidence to bring a court case against the suspect.[11] The prosecutor makes decisions concerning arrest.[12] In cases where there are statutory grounds to arrest a person, and in urgent cases, the police may make an arrest.[13] The arrested person must be interviewed as soon as possible. Immediately after interview, the prosecutor must decide whether the person should be detained or not. If the person is not detained, they must be released immediately.[14] If a person is arrested or detained by the order of a prosecutor, he or she is normally placed in police custody at the nearest police station. However, if a person is arrested or detained by order of a court, he or she is normally placed in a detention centre under the authority of the Swedish Prison and Probation Service.[15]

A prosecutor may issue an order for detention for a person awaiting a detention hearing in the court. Section 13 of chapter 24 of the Swedish Code of Judicial Procedure also states that “The detention hearing may never be held later than four days after the suspect was apprehended or the arrest order was executed”.[16] A prosecutor may also detain a person if doing so is of great importance for the investigation, in which case they must submit a request for a detention order to the court no later than 12 o’clock on the third day after the decision to detain.[17] The prosecutor’s decision to arrest and detain requires that the person be suspected, with probable cause, of an offence carrying a potential penalty of at least one year’s imprisonment.[18] The court can issue a detention order if the offence is punishable by at least two years’ imprisonment. When a court has issued a detention order, the prosecutor must institute criminal proceeding within 14 days.[19] However, the court can extend this period.[20]

Section one of chapter 24 of the Swedish Code of Judicial Procedure provides that any person suspected on probable cause of an offence punishable by imprisonment of one year or more may be detained. This can happen if, in view of the nature of the offence, the suspect’s circumstances, or any other factor, there is a reasonable risk that he or she will flee or evade the proceedings, obstruct the investigation, or continue his or her criminal activity.[21] Furthermore, section two in chapter 24 of the Swedish Code of Judicial Procedure provides that any person suspected on probable cause may be detained regardless of the nature of the offence provided that his or her identity is unknown, he or she does not reside in Sweden and there is a reasonable risk that he or she will avoid proceedings by fleeing the country.[22]

The police have to file charges within six hours against people detained for disturbing public order or who are considered dangerous, and within 12 hours against those detained on other grounds. The police may hold a person for six hours for questioning or as long as 12 hours, without a court order, if deemed necessary for the investigation. After questioning, authorities must either arrest or release an individual, based on the level of suspicion. If a suspect is arrested, the prosecutor has 24 hours (or three days in exceptional circumstances) to request continued detention. Authorities must charge an arrested suspect within 48 hours and begin initial prosecution within two weeks unless there are extenuating circumstances.[23] Swedish law does not place a time limit on pre-trial detention. However, if the prosecutor has not brought charges within 14 days a new pre-trial detention hearing must take place. The length of time that it takes to conduct a preliminary investigation largely depends on the nature of the crime being investigated. In a case of drunk driving the preliminary investigation can often be completed within half a day. However, a serious financial crime may take several years before the preliminary investigation is completed.[24]

Criminal hearings are generally open to the public. However, if sensitive information or information that is protected by confidentiality is presented, or when the interests of the investigation must be protected, the court can make a decision behind closed doors, or ‘in camera’.[25] The defendant is normally expected to attend the hearing. However, under certain circumstances he or she can be excused, such as if there is disruption to public modes of communication, sudden illness or unforeseen circumstances. Additionally, the suspect is not bound to attend the hearing if the case can be disposed of without his or her presence. Section 15a in chapter 46 of the Swedish Code of Judicial Procedure provides that the case may be adjudicated in absentia if the sanction is no more than a fine, a maximum of three months’ imprisonment, a conditional sentence, or probation, or such sanctions jointly. Also, if the defendant has fled or is in hiding or if his or her mental condition render their presence unnecessary.[26]

3.1.2. Critiques of the Criminal Investigation Process

When it comes to due process in criminal investigations and access to justice, Sweden has been criticised by the UN and NGOs for among other things indefinite detention practices. In 2016, the Council of Europe’s Committee for the Prevention of Torture (CPT) criticised Sweden for police use of excessive force when apprehending a suspect i.e. excessive use of pepper spray, truncheon blows, violent pushing of the apprehended person to the ground, tight handcuffing, and lifting a detainee by the handcuffs.[27] Sweden was additionally criticised regarding prison and detention centre conditions where some inmates, particularly foreign nationals, complained of being locked in their cells for up to 23 hours per day, three days in a row, for unofficial collective punishment following fights between two or more inmates.[28] In two remand prisons, the CPT also noted that most cells had no in-cell sanitation and some inmates complained about delays in using toilet facilities.[29] In 2016, Sweden was criticised for indefinite pre-trial detention.[30] It was noted that in Sweden there is no legislation putting a limit to pre-trial detention and it was shown that in extreme cases there were pre-trial detention instances spanning 1,400 days with over 1,000 days in isolation.[31] In 2015, the Working Group on Arbitrary Detention (WGAD)[32] criticised Sweden, and the UK, for arbitrarily detaining Julian Assange. Furthermore, a report by Civil Rights Defenders on immigration detention and pre-trial detention found numerous shortcomings in the Swedish system.[33] These shortcomings were mostly in regards to detained victims whereby there were inadequate measures to inform them of their rights, to identify them and to investigate crimes committed while in detention.[34] Similarly, staff were not adequately trained to identify victims and to document injuries sustained while in detention. Limited access to interpreters was also highlighted as an issue. Moreover, there was a consensus among lawyers that such detainees are a low priority in the justice system.[35]

3.2 Civil Procedure

The Code of Judicial Procedure (CJP) (Rättegångsbalken), stipulates the provisions of civil procedure.[36] The following is the procedure for civil cases at first instance or district courts (tingsrätt):

A plaintiff files a claim (stämningsansökan) at the court where they reside. The contents of the plaint, according to the Code of Judicial Procedure (chap. 42, section 2), are (i) a clearly stated claim (ii) a description of the circumstances on which the claim is based (iii) a statement of evidence (iv) an indication of the circumstances that give the court jurisdiction over the matter.[37]

The next step is for the court to inform the respondent of the filed plaint (including plaint, circumstances and evidence) and request a defence (svaromål) (CJP, chap.42, section 5). The defence from the respondent must contain: (i) possible procedural impediments (e.g. the case has already been determined or the plaintiff does not possess the right to litigate) (ii) whether the respondent concedes or contests the plaint (iii) if the respondent contests the plaint, on what grounds they contest, a statement regarding the plaintiff’s stated circumstances and the respondent’s own statement of circumstances and (iv) the respondent’s statement of evidence.[38]

The procedure continues with one or several verbal preparatory hearings (förberedelse) or through exchange of documents (skriftväxling) to map out the claims, circumstances and evidence of both parties and determine the disagreement and the scope of any necessary investigation.[39] After concluding preparatory hearings, the court can, if there are grounds for this, work to convince the concerned parties to arrive at a settlement out of court (förlikning) or solution by compromise (samförståndslösning).[40] To avoid stalling tactics, e.g. by repeatedly presenting new claims and evidence, the court can set a time limit for parties to decide definitely what claims and evidence they want to invoke (CJP, chap. 42, section 15). This is called preclusion (preklusion). After the deadline set by the court, the court admits new claims and arguments only under exceptional circumstances (CJP, chap. 42, section 15).

At the conclusion of the preparatory hearings, it is time for the main hearing (huvudförhandling) where the court is presided over by one (in small claims cases) or three legally trained judges (CJP, chap.1, section 3a). At this point, both parties state their claims, present their statements of circumstances (or arguments) as well as presenting evidence, and have the opportunity to examine witnesses before their closing arguments.[41] A main hearing may take place immediately after the (verbal) preparatory hearing with the consent of both parties, unless the matter is obvious, in which case the main hearing can take place without both parties’ consent (Code of Judicial Procedure, chap. 42, section 20).

The court then delivers its verdict. If the action is one which is amenable to out-of-court settlement (dispositivt mål), such as breach of contract, the decision of the court must be based solely on the pleaded claims and the arguments presented in court (Code of Judicial Procedure, chap. 17, section 3). In an action not amenable to settlement out-of-court (indispositivt mål), such as a child custody case, the court is not obligated to only consider claims and arguments presented by the parties[42] but may consider other circumstances and arguments relevant to the case.

A dissatisfied party can appeal to the court of appeal (hovrätt), within three weeks of the date of the verdict (CJP, chap. 50, section 1). For the court of appeal to adjudicate the case, leave to appeal (prövningstillstånd) is required (CJP, chap. 49, section 12). The court of appeal will grant leave to appeal where: (i) the court of appeal has reason to doubt the correctness of the district court’s verdict; (ii) the correctness of the decision cannot be determined without an appeal; (iii) if it is important for the adjudication process that the case is tried by a higher court instance; or (iv) if there are exceptional reasons for the court of appeal to try the case (e.g. if the district court is suspected to have committed a serious mistake) (CJP, chap. 49, section 14).[43] An appeal to the Supreme Court (Högsta domstolen) can only be considered (i) if it is important for the adjudication process that the case is tried by the Supreme Court and (ii) if there are exceptional reasons such as if there are grounds for a new trial or grave procedural errors have been committed or the verdict of the court of appeal is due to obvious gross negligence/grave mistake (CJP, chap. 54, section 10).[44]

Below is a chart for the proceedings in a civil case:

Chart 05. Civil Case Proceedings

The court should always work for a fast resolution of the case, which is often the reason for the court to discuss with the litigating parties ways to reach a settlement out of court during the preparatory phase of the civil case. A judge may help parties to negotiate the terms of a settlement (förlikning) or alternatively a special mediator (särskild medlare) (CJP, chap. 42, section 17) may be hired by the court to mediate the settlement, with the consent of both parties.[45]

A special mediator is, in regards to the court, an independent (often) lawyer appointed by agreement of both parties and the court with the task of settling the differences between the parties and finding a satisfactory agreement for both parties during a limited period. The costs of the mediator are borne by the litigating parties.[46]

If the parties still cannot settle the case with help of the special mediator, the court continues the processing of the case. If the parties reach a settlement with the help of the mediator, the court revokes the claim and closes the case.[47]

Special mediation is different from mediation (medling), which occurs where one or several parties, with the help of a third party (a mediator), negotiate an agreement with conditions with which parties must comply. Parties may seek enforceability from the court, i.e. that terms agreed upon may be enforced by the court (Swedish Act on Mediation, chap. 7-12).

The advantage of a settlement and of special mediation is that they considerably reduce the strain on the court system of small claims matters. The costs of arranging main hearings can be avoided and there is reduction of processing time for cases. Another advantage, especially in special mediation, is that the procedural rigour of main hearings can be replaced with negotiation on terms of settlement in private between the two litigants (main hearings are otherwise public).[48] The costs of legal representatives can be reduced if the process of litigating can avoid extended preparatory and main hearings and be limited to meeting in private with a special mediator or legal representatives on a few occasions.

The main disadvantage of out-of-court settlement and special mediation might be an unequal financial positions between litigants. One party might be able to present a team of specialised lawyers and be able to negotiate terms that benefit them because they can afford the legal fees of highly skilled lawyers while their counterpart is perhaps reliant on legal aid and thus might not be entirely free to choose their own legal representatives. The alternative is choosing to litigate in court, which comes with the risk of losing the case and thus being forced to pay one’s own legal fees and those of the opponent (CJP, chap. 18, section 1).[49]

The goal of Swedish civil procedural law is delivering correct and just resolutions of conflicts. The justice system should meet this objective using procedures that are as simple, fast and inexpensive as possible. The rule of law is dependent on procedural law following this main structure.

In practice, civil (as well as criminal) proceedings follow several principles that together make Swedish proceedings rule of law compliant. The adversarial principle (kontradiktoriska principen) secures the right of litigants to be heard by the court and the right of access to all relevant documents in the case (in order for parties to counter arguments and evidence).[50]

The principle of immediateness (omedelbarhetsprincipen) ensures that the court only delivers verdicts based on the facts presented in the main hearing (cases amenable to out-of-court settlement).[51]

The principle of concentrated proceedings (koncentrationsprincipen) means the main hearing should proceed without unnecessary interruptions until the case is ready to be determined. Cases that do not need more than three days to determine have a window of one week to be determined. In cases that require more than three days, the court must have main hearings three times a week until it determines the case (CJP, chap. 43, section 11).[52]

The principle of oral presentation (muntlighetsprincipen) requires the main hearing to be presented orally. Parties may present arguments in writing only if the court finds the written argument to facilitate the understanding of the argument or if it otherwise is reasonable in context (CJP, chap. 43, section 5).[53]

The principle of free appraisal of evidence (principen om fri bevisprövning) means that the court is not bound by any law on the assessment of evidence. The court is free to value the presented evidence and decide what has been proven, as long as they provide the reason for the assessment in their verdict (CJP chap. 35, section 1).[54]

Lastly, the principle of public access to official records (offentlighetsprincipen) requires the court to make proceedings in the court open to public access, unless the nature and/or circumstances of the case require the hearings to occur behind closed doors (CJP chap. 5, section 1) (regulated in the Public Access to Information and Secrecy Act).[55]

In addition to these principles, the Swedish courts as a public authority can be subject to critique by the Parliamentary Ombudsmen whose tasks are to “ensure that public authorities and their staff comply with the laws and other statutes governing their actions”.[56] The Parliamentary Ombudsmen can issue criticism to courts that they deem to endanger the rule of law (see above), e.g. as a result of slow and deficient processing of cases.[57] The Ombudsmen conduct inquiries (due to someone filing a complaint against an authority) and deliver decisions in the form of critical findings and suggestions of compliance.[58]

3.3. Alternative Dispute Resolution (ADR)

The Swedish Government Official Report of 2007[59] concerning alternative dispute resolution (special mediation and settlement out-of-court, see section 3.2) states that these measures are to create a structure of dispute resolution outside of the justice system in order to offer solutions that are better suited to the parties in individual cases and to the nature of those cases. The courts, the Swedish National Board for Consumer Complaints (Allmänna Reklamationsnämnden), arbitration tribunals, and various organizations that offer mediation can be governed by rules and regulation that are not suited to all civil cases; making it possible to resort to alternative and simpler methods of dispute resolution also leads to the reduction of case overload for these government bodies.[60]

The main issue with the court working to encourage people to engage in alternative dispute resolution is that it requires people to consult legal counsel and potential mediators, of whom there are insufficient numbers considering that there are increasing numbers of people ineligible for legal aid in Sweden (legal expenses insurance does not cover legal advice and minor legal assistance).[61] Furthermore, insurance does not apply to criminal cases or disputes that may be examined by administrative authorities, specialist courts, or the administrative courts.[62]

Chapter 18, section 8a in CJP does address the danger of this unequal position and partially remedies it by waiving the rule of repayment for pre-trial judicial costs (costs of legal consultation) in small claims cases. In small claims cases, the losing party is not obligated to repay an amount exceeding the equivalent to one hour of legal consultation (regulated in the Legal Aid Act).

In earlier legislation and drafts to legislation, it was reasoned that the court would have the weaker party’s interest in mind during small claims cases, making the presence of legal counsel unnecessary. Ensuing criticism from legal experts did however point out that the benevolence of judges could not replace legal counsel and their advice to clients (for example, a legal counsel can assess whether the individual should initiate legal proceedings in the first place). In addition to this, the waived costs did not change the fact that weaker parties (e.g. in consumer vs. company cases), still were at a disadvantage against companies with the resources to appoint legal counsel.[63]

3.4. Simplification of law and by-passing legal processes

In sections 3.2 and 3.3, we discussed alternative dispute resolution methods as a way of simplifying or bypassing conventional legal proceedings in Sweden.

In conclusion, a court sponsored out-of-court settlement process between litigants with equal legal representation (state funded legal aid would however need improvement in this respect) appears to be a good solution to simplify legal processes and make them less expensive for all parties involved. This alternative resolution would fortify access to the legal system for financially or otherwise socially vulnerable groups and reduce the costs of the court system. This option would also provide a forum where litigants can negotiate terms of engagement and settlements on a relatively equal footing.

4. Access to justice, equal access to court and fair trial

In the Constitution of Sweden (Regeringsformens 1 kapitel 9§), it is stated that courts and administrative authorities must take into account everyone’s equality before the law as well as comply with objectivity and impartiality. The ECHR establishes the principle of access to justice through the right to a fair trial in Articles 6 and 13 and the EU does the same through Article 47 of the EU Charter of Fundamental Rights. The Department of Justice holds the overall responsibility for access to justice in Sweden. Our understanding is that there is strong political commitment to access to justice, equal access to court and fair trial in Sweden.

Sweden ranks among the highest countries in the world in The World Justice Project’s Rule of Law Index. In 2019, Sweden was ranked number four after Denmark, Norway and Finland. The Rule of Law Index measures eight factors of rule of law: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.[1] In addition, according to European Social Survey (ESS), Swedes have high trust in the police and courts in general, and seem to believe that the justice system is legitimate. Even those who had high rates of contact with the police in Sweden had high levels of satisfaction with the police. However, results for the question about how fair the courts are to majority versus minority race/ethnic groups, shows that Swedes believe individuals from different ethnic groups are treated differently in this criminal justice system; they believe someone from a minority group would be more likely to be found guilty.[2]

Research on discrimination within the justice system in Sweden is scarce but has shown for example that people from minority backgrounds are disadvantaged in their contacts with the Swedish justice system[3] and that Afro-Swedes, Muslims and Roma experience racial/ethnic profiling by the police.[4] In the following section on the legal aid system, we will discuss strengths and limitations of access to justice, including access to justice for different groups in society. In the later sections of this report, we will discuss several limitations to access to justice and the possibilities for individuals to have ‘access to justice’ in practice.

6. Costs of resolving disputes within the formal judicial machinery

Civil procedural rules in Sweden have been described as “creating a defendant-friendly forum”, and increasing the economic risk for the plaintiffs.[1] The civil litigation process also includes an allocation of legal costs and fees whereby the losing side in the majority of cases has to pay both sides’ costs and fees.[2] In relation to legal aid, economic obstacles limiting individuals’ access to information and adequate representation are highly relevant.[3] Access to justice could also be seen as a major element of the welfare state.

Cappelletti and Garth point to barriers in the legal system that may be of relevance to an understanding of the need for legal aid: the costs of litigation, time and party capability (including the competence to recognize and pursue claims, and experience of the judicial system).[4] Thus, getting access to justice in practice, rather than merely at a theoretical level, may require legal aid to overcome these significant barriers. In this section, we will discuss the costs of resolving disputes within the formal judicial machinery. Since this section partly overlaps with sections 3 and 5 we refer to those sections when the issue has already been discussed.

6.1. Overview of judicial costs for litigants

To file a claim at court in a civil case, the plaintiff must pay an application fee. The size of the fee is dependent on the value or size of the claim. If the claim is a small claims case not exceeding half of a price base amount (maximum 23 250 SEK, 2 417 USD), the application fee is 900 SEK or roughly 93 USD. For claims exceeding half the price base amount, the fee is 2 800 SEK or 291 USD.[5] There are no fees to appeal to a higher instance.[6]

The most significant costs of the judicial process in civil cases are the costs of legal representation. In the Swedish civil system, the costs of legal representation are divided into three brackets: litigant financed, publicly funded and third party funded legal representation.[7]

Litigant financed representation means that litigants appoint their own legal representation. This, of course, is an option in which access to courts (and implicitly access to justice) is contingent on the financial ability to hire a lawyer, making it an exclusive option.

The publicly financed legal representation or legal aid, discussed in sections 3 and 5, means that the state funds the large part of the legal representation. However, as we have seen, it is an option that presents many obstacles in terms of requirements related to the size of the claim, one’s financial situation and, furthermore, legal aid might not cover enough of the costs of the case.

Third party funded legal representation refers to the legal aid scheme discussed in section 5 where plaintiffs have the possibility to fund their legal representatives through home insurance. This is another area that was discussed above (section 5.8.1), revealing that some sections of the population (e.g. people born abroad and people between the ages of 16-29) are likely to not have access to this alternative. Marginalised people, such as homeless people, are also likely excluded from this option.

Another cost of the judicial process to be accounted for is repayment of the trial costs of the losing party in civil cases. According to chapter 18, section 1 of the Code of Judicial Procedure, the losing party must repay the winning party’s costs of the trial.  Individual litigants in administrative cases (thus having the state/government as the counterpart) are, however, not entitled to restitution for judicial costs if they win a case against a government agency and vice versa, they do not have to repay judicial costs if they lose. In spite of multiple government inquiries into the possibility of repaying individual litigants’ judicial costs, each party is responsible for the costs of the judicial process.[8] The only exemption from this is in tax cases.[9]

The argument here, according to Wejedal (2017),[10] is two-fold and is similar to the reason why legal aid is not, in practice, granted in administrative cases.[11] Firstly, individuals as members of society cannot be regarded as adversaries of the state in court (i.e. the state works for the individual) and secondly, since agencies are obliged to investigate the issue before court proceedings, the plaintiff does not need legal counsel. This is a problematic area, because the state’s benevolence cannot be an argument against full protection of an individual’s rights to challenge the exercise of power by state agencies. One cannot assume that state agencies always work for the benefit of an individual since they are constrained by budgets and other institutional (legal) frameworks incentivising them to deny individuals access to their services.

6.2. Exemption from judicial costs

There are no means test to the application fee the plaintiff must pay in civil cases (see. 6.1). Persons who have been granted legal aid, however, do not have to pay application fees, service charges or any other additional fees to the court (Legal Aid Act §19).

In sections 3 and 5, we discussed the pro bono legal aid schemes to avoid costs of legal representation (if the case is lost, repayment is due), state funded legal aid in which persons of lower income can receive discounts for legal aid and out-of-court settlements, however, these are not to be seen as exemptions.

6.3. Mechanisms to reduce costs by variations to courts and procedures

Court sponsored settlements (see section 3.2), are perhaps the most effective judicial procedure for reducing the costs of litigation. Litigants may choose to have a meeting with a judge on one occasion and settle differences on mutually agreed grounds, such as that each party covers their own costs. Of course, this does not erase the application fee, costs of preparing evidence and potential losses of income (and other expenses such as travel to the settlement), that precede this procedure.

These different provisions and judicial costs protect the judiciary to avoid frivolous litigation; however, decreasing numbers of legal aid grants and reduced eligibility for legal aid are examples of increasing difficulty of access to justice.

7. The protection of diffuse and collective rights

The possibility of class actions was introduced into Swedish law in 2002 through the Group Proceedings Act. Thus, it is a relatively new phenomenon in the Swedish judicial system. Only public and organisation group actions are permitted.[1] The applicable rules on joinder of parties and consolidation of cases are found in Chapter 14 of the Code of Judicial Procedure.[2] Any civil claim before the general courts, such as commercial disputes, may be subject to group action. Other types of claim may not become group actions unless supported by statutory provisions such as those covering a number of environmental and competition matters. Notable matters that may not be litigated as group actions are maritime, patent, trademark and a number of employment matters. Under the Group Proceedings Act 2002:599, it is possible to bring a group action in damages claims for environmental matters. Public authorities can only bring group actions for matters relating to damages claims. Private and organisation groups may bring claims concerning the prohibition of environmentally harmful activity and claims to order the defendant to take protective measures or other precautions regarding such activity. Furthermore, non-profit associations that, in accordance with the associations’ charters, protect environmental interests, as well as associations of professionals within the fishing, agricultural, reindeer and forestry industries, are entitled to bring an organisation group claim to court. The Group Proceedings Act is subject to the Swedish Limitations Act, which means that a general limitation period of 10 years applies from the occurrence of a claim unless otherwise agreed upon by the parties or specifically regulated elsewhere.

The plaintiff in a group action must be a person with a claim which forms part of the group action. Only the plaintiff (not the defendant) can apply for a case to be treated as a group action. A claim initiated by a single claimant (which is not in itself a group action) against several defendants cannot be litigated as a group action.[3]

In addition, an attorney who is a member of the SBA must represent group actions brought by a private group or an organisation. There is no such requirement for a public group, and it is not unusual that the authority bringing the claim use in-house lawyers in such group actions. The court may grant exemptions to the ‘member of the Bar’ requirement where special reasons apply. Accordingly, the court will enquire whether the claimant’s attorney is a member of the Bar. The court will also assess any contingency fee arrangement made under the Group Proceedings Act and how each member of the group will be kept informed during the proceedings.[4]

In general, the winning party is entitled to full compensation from the losing party for reasonable litigation costs such as counsel costs, compensation for the party’s own costs, costs for experts and witnesses, and interest. However, there are exceptions to this loser-pays principle. A group member is, generally, not liable for costs since it is only the claimant i.e. the entity that represents the group and not the actual group members, that is considered a party. Most notably, if the defendant has been ordered by the court to compensate the claimant for its costs but is not able to do so, the group members are instead liable to pay these costs. The same applies for additional costs resulting from contingency fee arrangements made under the Group Proceedings Act, as mentioned above. Each member of the group is liable for his or her share of the costs but is not liable to pay more than what he or she has gained through the proceedings. A further barrier is that several insurance companies do not cover litigation under the Group Proceedings Act and public legal aid does not cover groups of individuals (see section 5.11).

Generally, under Swedish law, a settlement does not require court approval. However, a settlement concluded by the claimant on behalf of the group members is valid only if the court confirms it in a judgment. The settlement shall be confirmed at the request of the parties, provided it is not discriminatory against particular members of the group or in any other way manifestly unfair. A group member has the opportunity to settle his/her claim individually without involving the claimant. It is also possible for the claimant to settle claims on behalf of the group.

9. Technological innovation and access to justice

In Sweden, 7 730 800 people (total population is 10 313 447) between the ages of 16 and 85 have access to the internet in 2019.[1] Of this population, 6 577 300 have a mobile phone for personal use.[2]All parts of Sweden are accessible in terms of internet and mobile phone coverage.

A high level of internet access and mobile phone coverage are important factors when it comes to the relationship between inhabitants and public services in Sweden. An example: for non-emergency health services such as booking medical appointments, medical advice and accessing medical records, Sweden has a website and telephone number called 1177 Vårdguiden (1177 Health Guide).[3] A patient in Sweden can call 1177 for medical advice or receive an appointment or visit the website 1177.se for these services and have access to their medical records. To identify themselves and log in to this website, they use an online identification service called Bank ID or Mobil Bank ID where you register your social security number and a personal code to access different online public services (e.g. tax authorities, health services, insurance services, student loans etc.). Government agencies use their websites as an online office and many services are accessible without physical meetings.

Many legal practitioners, especially lawyers, use their websites as their primary online presence. They use this space to communicate their line of expertise, how to contact them and the kind of legal services that they offer. Some law firms offer short (15-20 min) consultation phone calls, free of charge.[4] Social media platforms are also used as marketing tools.

One firm in Sweden, Advokatfirman Defens, has developed an app, offering free legal consultation and information through text messages.[5] A legal practitioners’ network called Helpie Law also has an app where legal consultation is offered through text message and video calls.[6] It can be presumed that lawyers keep in contact with their clients through phone calls, text messages and e-mail in addition to in-person meetings.

Lawline, for example, is a network of lawyers and law students that operate a free legal consultation website, covering most legal questions.[7] Questions answered by Lawline are published (with discretion for the privacy of those asking) on the website and visitors can refer to these answers.

NGOs with special legal interests (e.g. asylum matters, child rights and violence against women) have an online presence to communicate which legal services they offer and some offer free legal consultation via telephone or e-mail. However, most NGO’s that provide free legal aid have offices where persons can meet legal practitioners.[8]

Although online legal services are a useful addition to traditional legal services, in-person meetings remain the dominant way for most people to access legal services. Online access is restricted mostly to brief consultations on small matters and to providing legal information. Face-to-face meetings remain important because for some people translation is needed (e.g. asylum law), and in some cases legal advice or consultation requires lengthy explanations and detailed accounts that cannot be contained to short answers in phone and e-mail conversations.

12. Global efforts on access to justice

In Sweden, there are transnational NGOs that collaborate with local legal practitioners and local NGOs to promote access to justice in specific areas. The focus of attention has been immigration law for NGOs such as the Red Cross, Save the Children and of course UNHCR.

In section 5, we discussed alternative legal aid and pro bono legal assistance where local organisations engage in efforts to improve access to justice. Major NGOs in Sweden also offer legal assistance and consultation, mainly concerning immigration and asylum. The Red Cross, for example, organises meetings (in local offices/civic centres) with legal practitioners conducting pro bono work for people with immigrations questions. They offer information and consultation on asylum questions and, in some cases, they offer a legal counsel in asylum cases in immigration courts in Sweden.[1]

13. Conclusions

The rule of law underpins the Swedish legal system. Legal provisions support all public exercise of power and if this is not the case, there are appropriate legal channels to challenge such power and prevail. The governmental structure contains “checks and balances”, i.e. functions of control and oversight of state institutions, from ombudsmen working to ensure effective legal administration to the appeal system available for individuals to challenge public authorities’ decisions. Accessibility of legal services and thus possibility access to justice is, however, dependent on availability of those services.

Limited access to legal advice and minor assistance for problems outside of litigation is a consequence of the legal aid reform in 1997.[1] Prior to the reform Sweden was known as a country coming close ‘to attaining the ideal of equal access to legal services for all’.[2] Regan argues that the reform brought back the need for pro bono work by lawyers in civil cases,[3] which today provides the free legal advice (albeit limited to 15 minute consultations in specific locations in Sweden) that public legal aid does not. Student legal clinics to some extent also cover the need for legal information and legal advice. Nonetheless, the structure of the current legal aid scheme in Sweden places considerable responsibility on the individual to identify their legal problem. In other words, the form of support that people might need to decide whether they have a legal problem or not, and how it can be solved, is costly.

We have also highlighted how the reform of legal aid policy has left some groups without help for their legal problems: for example, those with moderate means who do not have legal expenses insurance, are not poor enough to qualify for legal aid but may still not be able to afford a private lawyer. The same goes for those with moderate means who are not eligible for legal aid for work-related legal problem and who do not belong to a union. Taking into account the fact that fewer and fewer people meet the income criteria in the Legal Aid Act,[4] the number of people who fall between the cracks will increase if the income ceiling is not raised. Thus, state funded legal aid, specifically the financial eligibility criteria, is in need of re-examination. The income criterion places a number of groups in society at a disadvantage to receive legal aid and in many cases, it does not cover the costs of legal proceedings to a satisfying degree. The fees for legal representation might deter low-income groups even if legal aid covers a certain amount.

In addition, access to legal aid in administrative cases is limited. The fact that administrative law cases are excluded from legal expenses insurance policies results in higher dependence on public legal aid. In practice, in administrative cases, the individual has to bear his/her own costs of legal representation, even when a case is successful. This indicates limited access to justice in legal matters where an individual may have to pursue a case in court against a government agency with very limited ability to pay for legal assistance. In line with the Swedish Section of the International Commission of Jurists[5] and Wejedal,[6] we suggest that administrative cases where the state is the counterparty should be eligible for publicly funded legal assistance during the process in order to strengthen the rule of law and access to justice.

Furthermore, related to criminal legal aid (see section 5.7), in order to strengthen access to justice we suggest the following: that the criteria to obtain a public defence lawyer should not (i) require the suspected offense to be of a certain degree of seriousness; (ii) put the responsibility on the suspect to ask for a public defender; and (iii) depend on a needs assessment by the prosecutor and the court. The first point is significant since the presence of a defence lawyer, regardless of the nature and seriousness of a crime, is crucial as a safeguard of individual rights and rule of law. A defence lawyer in criminal proceedings should not only be reserved to those who can afford to appoint their own. The second point relates to the first point as far as suspects (who in many cases lack legal expertise) might not understand the importance of having a defence lawyer present during hearings and interrogations with the police and prosecutors. Statements made by suspects in these circumstances may be used as evidence against them and therefore the counselling of a lawyer is important. The third point relates to the conflict of interests between the prosecution and the court on the one hand and the suspect on the other, i.e. the assessment of the need for a public counsel should not be up to the court or prosecution because the risk of punishment is on the individual under suspicion.

From an international perspective, the legal aid system and access to justice in Sweden in general could be considered both generous and comprehensive. However, in this report we have highlighted several shortcomings concerning civil, administrative and criminal legal aid. These examples cast a dark shadow over the promises of the welfare state and can be argued to contribute to weakening access to justice for certain groups of people. We have also identified some areas in need of improvement when it comes to access to justice.


[1] Riksdagen (2019),The Constitution. Available at:

https://riksdagen.se/en/how-the-riksdag-works/democracy/the-constitution/ (accessed on 2019-10-18 at 08:45).

[2] The Constitution of Sweden – The Fundamental Laws and the Riksdag Act, 2016, p. 25-26. Available at: https://riksdagen.se/globalassets/07.-dokument–lagar/the-constitution-of-sweden-160628.pdf?fbclid=IwAR0pW9YGnmPJCehi0DYKbv1C-6vVTgRoLg_tiRTobL19kuGVdG2PCcSS_EU (accessed on 2019-10-18 at 09:30).

[3] United Nations (2019), Human Development Indices and Indicators. Available at: http://hdr.undp.org/sites/default/files/2018_human_development_statistical_update.pdf (accessed on 2019-10-19 at 10:35).

[4] Ibid.

[5] All amounts in Swedish Kronor are converted to US Dollars based on the exchange rate 2 December 2019: 1 US Dollar equals 9,56 Swedish Krona. All amounts in US Dollar are rounded up to the nearest hundred.

[6] Ekonomifakta. Available at: https://www.ekonomifakta.se/fakta/ekonomi/tillvaxt/bnp—sverige/?graph=/14515/1/2008-/ (accessed on 2019-10-21 at 14:35).

[7] Statistiska Centralbyrån (SCB). National Accounts, quarterly and annual estimates. Available at:

https://www.scb.se/en/finding-statistics/statistics-by-subject-area/national-accounts/national-accounts/national-accounts-quarterly-and-annual-estimates/#_Keyfigures (accessed on 2019-10-22 at 15:35).

[8] OECD. Income Inequality. Available at: https://data.oecd.org/inequality/income-inequality.htm (accessed on 2019-10-22 at 14:46).

[9] Ibid.

[10] Statistiska Centralbyrån (SCB). Percentage of people in work and below the poverty threshold remains unchanged. Available at: https://www.scb.se/en/finding-statistics/statistics-by-subject-area/living-conditions/living-conditions/living-conditions-surveys-ulfsilc/pong/statistical-news/living-conditions-surveys-lfsilc/ (accessed on 2019-10-22 at 11:37).

[11] Carlson Laura (2012), The Fundamentals of Swedish Law. Studentlitteratur. 38 (Hereafter cited as Carlson, 2012).

[12] Carlson, 2012, p. 38.

[13] Ibid, p. 39.

[14] Ibid, p.39 The Nordic legal family comprises: Denmark, the Faroe Islands, Greenland, Finland, Åland, Iceland, Norway and Sweden.

[15] Carlson, 2012, p. 39.

[16] Ibid.

[17] Ibid, p. 39-40.

[18] Ibid, p. 40.

[19] Carlson, 2012, p. 40-41.

[20] Ibid.

[21] Ibid, p. 41.

[22] Ibid, p. 35.

[23] Government Offices of Sweden. The Swedish Judicial System. A brief introduction to the Swedish judicial system, brochure revised in 26 June 2015. Available at: https://www.government.se/49ec0b/contentassets/9ebb0750780245aeb6d5c13c1ff5cf64/the-swedish-judicial-system.pdf (Accessed on 2019-10-15 at 09:28), 19.

[24] Carlson, 2012, p. 35.

[25] Carlson, 2012, p. 35; Sveriges Domstolar. The Swedish Courts. Available at: http://old.domstol.se/Funktioner/English/The-Swedish-courts/ (Accessed on 2019-10-15 at 09:55).

[26] Sveriges Domstolar. The Swedish Courts. Available at: http://old.domstol.se/Funktioner/English/The-Swedish-courts/ (Accessed on 2019-10-15 at 09:55).

[27] Sveriges Domstolar. Statistics. Court statistics official statistics of Sweden 2018. Available at: http://old.domstol.se/upload/Lokala_webbplatser/Domstolsverket/Statistik/court_statistics_2018.pdf (Accessed on 2019-10-16 at 10:25).

[28] Carlson, 2012, p. 36.

[29] Ibid.

[30] For more information in English about the Labour Court see its website at arbetsdomstolen.se.

[31] Sveriges Domstolar. Statistics. Court statistics official statistics of Sweden 2018. Available at: http://old.domstol.se/upload/Lokala_webbplatser/Domstolsverket/Statistik/court_statistics_2018.pdf (Accessed on 2019-10-16 at 10:25).

[32] Ibid.

[33] Carlson, 2012, p. 36.

[34] Ibid, p. 36.

[35] Sveriges Domstolar. Statistics. Court statistics official statistics of Sweden 2018. Available at: http://old.domstol.se/upload/Lokala_webbplatser/Domstolsverket/Statistik/court_statistics_2018.pdf (Accessed on 2019-10-16 at 10:25), p. 6.

[36] Ibid, table 1.1 and table 1.2.

[37] Ibid.

[38] Ibid.

[39] Samediggi (2019-03-14). Background: The State and the Sami Parliament. Available at: https://www.sametinget.se/9688 (accessed on 2019-10-28 at 15:07).

[40] Carlson, 2012, p. 53.

[41] Sveriges Advokatsamfund (1887). About us. Available at: https://www.advokatsamfundet.se/Advokatsamfundet-engelska/About-us/ (Accessed on 2019-10-15 at 14:03).

[42] Ibid.

[43] Carlson, p. 54; to be admitted to the SBA, the applicant, under JP 8:2 (the ninth section of the eighth chapter of the Code of Judicial Procedure), must: 1. Be domiciled in Sweden or another state of the European Union, the European Economic Area or Switzerland; 2. Have passed the examinations prescribed to qualify for appointment as a judge, in Sweden it is the Master of Laws (jurist kandidat); 3. Have completed the practical and theoretical training of at least three years necessary to practice as a Member of the Bar Association: 4. Have gone through the course for and passed the bar examination as given by the Bar Association; 5. Have established a reputation as a person of integrity, and, be considered in general suitable to practice as a Member of the Bar Association – see also https://www.advokatsamfundet.se/Advokatsamfundet-engelska/Membership-and-registration/.

[44] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740). Government Offices of Sweden. Available at: https://www.government.se/49e41c/contentassets/a1be9e99a5c64d1bb93a96ce5d517e9c/the-swedish-code-of-judicial-procedure-ds-1998_65.pdf (accessed on 2019-10-22 at 10:58), chapter 8, sections 2 and 2a.

[45] Carlson, 2012, p. 54.

[46] The Code of Professional Conduct for Members of Swedish Bar Association. 7.5 Organisation of a Law Firm. Available at: https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/code-of-professional-conduct-with-commentary-2016.pdf (accessed on 2019-10-24 at 09:15).

[47] Ibid, section 7.5.2.

[48] Ibid, section 7.5.3.

[49] European Judicial Systems – Efficiency and quality of justice (2018). CEPEJ Studies No.26. Available at: https://rm.coe.int/rapport-avec-couv-18-09-2018-en/16808def9c (Accessed on 2020-01-07 at 13:19), p. 172.

[50] Anna Barlow (2019), The Machinery of Legal Aid. Åbo Akademi University. Available at: https://www.doria.fi/bitstream/handle/10024/168020/barlow_anna.pdf?sequence=1&isAllowed=y (accessed on 2019-11-07), p. 288.

[51] Lawline, legal advice by lawyers and law students. Available at: https://lawline.se/answers/krav-for-att-fa-representera-sig-sjalv-eller-annan-i-en-rattegang (accessed on 2019-11-05) .

[52] Sveriges Riksdag. Rättegångsbalk (1942:740). Available at: https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/rattegangsbalk-1942740_sfs-1942-740 (accessed on 2019-11-05).

[53] Ibid.

[54] Higher Vocational Education, Gothenburg. Available at: https://yrgo.se/utbildningar/ekonomi-och-administration/paralegal/. (accessed on 2019-11-05).

[55] Ibid.

[56] Higher Vocational Education Authority, certificate for paralegals. Available at: https://www.myh.se/Documents/Verksamhetsomraden/Yrkesh%c3%b6gskolan/Utbildningsanordnare/Europass/Juridik/Paralegal%20Juridisk%20handl%c3%a4ggare%20Utbnr%20201601860.pdf (accessed on 2019-11-05).

[57] Ibid.

[58]Swedish Government. The Swedish Judicial System. Available at: https://www.regeringen.se/49e9fa/contentassets/24ef36d9206a41fb80d6b74030fd9ef6/the-swedish-judicial-system.pdf (accessed on 2019-11-05).

[59] Swedish Parliament. Swedish Constitution. Available at: https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/kungorelse-1974152-om-beslutad-ny-regeringsform_sfs-1974-152 (accessed on 2019-11-06).

[60] Swedish Government. The Swedish Judicial System. Available at: https://www.government.se/49ec0b/contentassets/9ebb0750780245aeb6d5c13c1ff5cf64/the-swedish-judicial-system.pdf (accessed on 2020-01-09).

[61] Riksdagen. Instrument of Government. Avalable at: https://www.riksdagen.se/en/SysSiteAssets/07.-dokument–lagar/the-instrument-of-government-2015.pdf/ Chapter. 11 Art. 7(accessed on 2020-01-09).

[62] Statistiska Centralbyrån (SCB). Yrkesregistret med yrkesstatistik 2017. Available at: https://www.scb.se/contentassets/1fe7f957920f4eaf97bddcc0270553f2/am0208_2017a01_sm_am33sm1901.pdf (accessed on 2019-11-06 at 10:11).

[63] Swedish Prosecution Authority (Åklagarmyndigheten). About us

Available at: https://www.aklagare.se/en/about-us/ (accessed on 2019-10-21 at 10:45).

[64] European Justice (2017-02-20). Legal professions – Sweden. Available at: https://e-justice.europa.eu/content_legal_professions-29-se-en.do?member=1 (accessed on 2019-10-21 at 11:46).

[65] Ibid.

[66] Swedish Prosecution Authority (Åklagarmyndigheten). Career. Available at: https://www.aklagare.se/en/career/ (accessed on 2019-10-21 at 10:50).

[67] Swedish Prosecution Authority (Åklagarmyndigheten). Ny som jurist

https://www.aklagare.se/karriar/rekrytering/ny-som-jurist1/ (accessed on 2019-10-21 at 11:12).

[68] Swedish Prosecution Authority (Åklagarmyndigheten). Rekrytering av åklagare. Available at: https://www.aklagare.se/karriar/rekrytering/rekrytering-av-aklagare/ (accessed on 2019-10-21 at 11:00).

[69] Ibid.

[70] European Commission. Employment, Social Affairs & Inclusion. Policies and Activities. Available at: https://ec.europa.eu/social/main.jsp?catId=1130&langId=en&intPageId=4814 (accessed on 2019-10-22 at 10:18).

[71] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740.

[72] Swedish Prosecution Authority. Preliminary Investigation. Available at: https://www.aklagare.se/en/the-legal-process/the-role-of-the-prosecutor/preliminary-investigation/ (accessed on 2019-10-22 at 13:56).

[73] Ibid.

[74] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740, chapter 24, section 6.

[75] Ibid, chapter 24, section 7.

[76] Polisen. Arrest and Detention. Available at: https://polisen.se/en/laws-and-regulations/arrest-and-detention/ (accessed on 2019-10-22 at 11:20); chapter 24, sections 7–8.

[77] Ibid.

[78] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740, chapter 24, section 13, p. 136.

[79] Ibid, chapter 24, section 12.

[80] Swedish Prosecution Authority. Coercive Measures. Available at: https://www.aklagare.se/en/the-legal-process/the-role-of-the-prosecutor/preliminary-investigation/coercive-measures/ (accessed on 2019-10-23 at 09:40).

[81] Polisen. Arrest and Detention. Available at: https://polisen.se/en/laws-and-regulations/arrest-and-detention/ (accessed on 2019-10-22 at 11:20).

[82] Ibid.

[83] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740, chapter 24, section 1.

[84] Ibid, chapter 24, section 2.

[85] RefWorld. 2016 Country Reports on Human Rights Practices – Sweden. Available at:

https://www.refworld.org/topic,50ffbce582,50ffbce5ee,58ec89c113,0,,,SWE.html (accessed on 2019-10-23 at 15:40).

[86] Swedish Prosecution Authority. Preliminary Investigation. Available at: https://www.aklagare.se/en/the-legal-process/the-role-of-the-prosecutor/preliminary-investigation/ (accessed on 2019-10-22 at 13:56).

[87] Sveriges Domstolar. The Swedish Courts. Behind Closed Doors. Available at: http://old.domstol.se/Funktioner/English/Legal-proceedings/Trials-in-criminal-cases/Behind-closed-doors/ (accessed on 2019-10-24 at 14:13).

[88] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740, chapter 46, section 15.

[89] RefWorld. 2016 Country Reports on Human Rights Practices – Sweden. Available at:

https://www.refworld.org/topic,50ffbce582,50ffbce5ee,58ec89c113,0,,,SWE.html (accessed on 2019-10-23 at 15:40).

[90] Ibid.

[91] Ibid.

[92] FairTrialsOrg. Isolated before trial: Pre-trial detention in Sweden. Available at: https://www.fairtrials.org/node/857 (accessed on 2019-11-07 at 13:51).

[93] Ibid.

[94] United Nations Human Rights Office of the High Commissioner. Working Group on Arbitrary Detention. Available at: https://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx (accessed on 2019-10-28 at 11:19).

[95] Civil Rights Defenders (2019). Immigration Detention and Pre-Trial Detention. Available at: https://crd.org/wp-content/uploads/2019/07/desk-research-Sweden-2019-01-08-final.pdf (accessed on 2019-11-07 at 13:29).

[96] Ibid.

[97] Civil Rights Defenders (2019). Immigration Detention and Pre-Trial Detention. Available at: https://crd.org/wp-content/uploads/2019/07/desk-research-Sweden-2019-01-08-final.pdf (accessed on 2019-11-07 at 13:29).

[98] Swedish Parliament Code of Judicial Procedure. Available at: https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/rattegangsbalk-1942740_sfs-1942-740 (accessed on 2019-11-07 at 11:27).

[99] Swedish Courts, document of filing plaint. Available at: https://www.domstol.se/globalassets/filer/gemensamt-innehall/blanketter/tvist/ansokan-om-stamning—dv-161.pdf (accessed on 2019-10-21 at 13:23); Calleman, C. et al. (2015) Juridik : civilrätt, straffrätt, processrätt. Sanoma utbildning, p. 580-581 (hereafter cited as Calleman, 2015).

[100] Calleman 2015, p. 581.

[101] Ibid.

[102] Calleman 2015, p. 582.

[103] Ibid.

[104] Calleman, 2015, p. 583.

[105] Swedish Parliament Code of Judicial Procedure. Available at: https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/rattegangsbalk-1942740_sfs-1942-740 (accessed on 2019-11-07 at 11:27).

[106] Calleman, 2015, p. 584.

[107] Swedish Court, civil procedure. Available at: https://www.domstol.se/amnen/tvist/sa-gar-en-tvist-till/hantera-en-tvist/ (accessed 2019-10-24).

[108] Ibid.

[109] Ibid.

[110] Swedish Court, special mediation. Available at: https://www.domstol.se/amnen/tvist/sa-gar-en-tvist-till/sarskild-medling/ (accessed on 2019-10-29) .

[111] Wejedal, S. (2017) Rätten till biträde : om biträdeskostnaders hantering vid svenska domstolar, p. 66. Department of Law, School of Business, Economics and Law at University of Gothenburg (Juridiska institutionens skriftserie / Handelshögskolan vid Göteborgs universitet: 24). (hereafter cited as Wejedal, 2017).

[112] Calleman, 2015, p. 578.

[113] Carlson, 2012, p. 132.

[114] Ibid, p. 131.

[115] Calleman, 2015 p. 578.

[116] Ibid, p. 579.

[117] Ibid.

[118] Parliamentary Ombudsmem. Justitieombudsmän. Available at: https://www.jo.se/en/ (accessed on 2019-11-22).

[119] Parliamentary Ombudsmem. Justitieombudsmän. Decision on slow and deficient court processing. Available at: https://www.jo.se/en/?caseNumber=7032-2018#a7032-2018 (accessed on 2019-11-21)

[120] Parliamentary Ombudsmen. Decisions. Available at: https://www.jo.se/en/Decisions/ (accessed on 2019-10-28).

[121] SOU, 2007, Alternativ tvistlösning 2007:26. Stockholm:Fritzes.

[122] The Swedish Government. SOU 2007:26. Available at: https://www.regeringen.se/49bb8f/contentassets/b86ea0de3076407d9cbdc46e7cf7990c/alternativ-tvistlosning-sou-200726 (accessed on 2019-11-04 at 10:03), p. 23.

[123] Schoultz, I. (2018) Legal Aid in Sweden. Springer International Publishing, p. 58.

[124] Swedish National Courts Administration, 2009.

[125] Wejedal, 2017, p. 138-139.

[126] The World Justice Project, https://worldjusticeproject.org/sites/default/files/documents/ROLI-2019-Reduced.pdf Accessed 2019-10-31.

[127] https://www.europeansocialsurvey.org/docs/findings/ESS5_toplines_issue_1_trust_in_justice.pdf (accessed on 2019-12-12).

[128] David Shannon & Nina Törnqvist (2008) Lost in Translation. Discrimination in the Swedish Criminal Justice Process Exemplified Using the Court‐Room Experiences of Justice System Professionals, Journal of Scandinavian Studies in Criminology and Crime Prevention, 9:sup1, 59-79.

[129] Schclarek Mulinari, L. (2017). Slumpvis utvald: ras-/etnisk profilering i Sverige. Stockholm: Civil Right Defenders.

[130] The presentation of the history of legal aid, as well as, the section on Civil legal aid are based on the work by Schoultz I. (2018) Legal aid in Sweden, p. 43-76 in Outsourcing Legal Aid in the Nordic Welfare States, edited by O. Halvorsen Rønning and O. Hammerslev. Cham: Springer International Publishing.

[131] Wejedal, 2017, p. 342.

[132] Johnsen, J. T. (1994). Nordic Legal Aid. Maryland Journal of Contemporay Legal Issues, 5 (2), p. 301-331.

[133] Wejedal, 2017, p. 278-281.

[134] Ibid, p.282.

[135] Ibid, p. 344.

[136] Johnsen (1994).

[137] Muther, P. S. (1975). The Reform of Legal Aid in Sweden. International Lawyer, 9 (3), p. 475–498.

[138] Ibid.

[139] Kilian, M., & Regan, F. (2004). Legal expenses insurance and legal aid – two sides of the same coin? The experience from Germany and Sweden. International Journal of the Legal Profession, 11 (3), p. 233–255.

[140] Ibid, p. 247.

[141] Regan, F. (2003). The Swedish Legal Services Policy Remix: The Shift from Public Legal Aid to Private Legal Expense Insurance. Journal of Law & Society, 30 (1), p. 49–65 (hereafter cited as Regan, 2003).

[142] Ibid.

[143] Ibid.

[144] Swedish National Courts Administration (2009). Översyn av rättshjälpslagen – ett regeringsuppdrag Jönköping: Domstolsverket. Available at: http://www.rattshjalp.se/Publikationer/Rapporter/dV-rapport_2009-2_webb.pdf (accessed on 2019-12-12 at 11:40) (hereafter cited as Swedish National Courts Administration, 2009).

[145] Regan, 2003.

[146] Swedish National Courts Administration, 2009.

[147] Regan, 2003.

[148] Renfors, C., Sverne Arvill, E., & Sverne, E. (2012). Rättshjälpslagen och annan lagstiftning om rättsligt bistånd : en kommentar. Stockholm: Norstedts juridik. (hereafter cited as Renfors et al., 2012)

[149] Swedish National Courts Administration, 2009.

[150] SOU, (2014). Rättvisans pris: betänkande (SOU 2014:86). Stockholm: Fritze. (hereafter cited as SOU, 2014).

[151] Swedish National Courts Administration, 2009.

[152] Ibid, p. 18.

[153] Ibid.

[154] Johnsen (1994), p. 309.

[155] Departementsserien, 1992, De allmänna advokatbyråerna : principförslag om avveckling av det statliga engagemanget (Ds 1992:51). Stockholm: Allmänna förl.

[156] Regan, 2003.

[157] Swedish National Courts Administration (2018). Available at: https://www.domstol.se/globalassets/filer/gemensamt-innehall/styrning-och-riktlinjer/arsredovisning/arsredovisning_2018_sverigesdomstolar.pdf (accessed 2019-11-04 at 14:35).

[158] Johnsen (1994).

[159] Carlson, 2012, p. 53.

[160] Barlow, A., 2019. The machinery of legal aid: a critical comparison, from a public law perspective, of the United Kingdom, the Republic of Ireland and the Nordic countries. Åbo Akademi University. Available at: https://www.doria.fi/bitstream/handle/10024/168020/barlow_anna.pdf?sequence=1&isAllowed=y (accessed on 2019-11-07 at 12:03) (hereafter cited as Barlow, 2019).

[161] Ibid.

[162] Legal Aid Authorityn (2018). Juridiska ombud – vem är vad? Available at: http://www.rattshjalpsmyndigheten.se/Vad-ar-rattshjalp/Juridiska-ombud—vem-ar-vad/ (accessed on 2019-11-04 at 10:53).

[163]Swedish National Courts Administration. Available at: http://www.rattshjalp.se/Publikationer/Rattshjalp_och_taxor/rattshjalp_och_taxor_2019.pdf

(accessed on 2019-11-04 at 14:23).

[164]Justitieombudsmannen 2019 https://www.jk.se/om-oss/ accessed 2019-11-05.

[165] Barlow, 2019, p. 151.

[166] The information was provided by Enar Essle at the Swedish Bar Association on 2020-01-09.

[167] The information was provided by Ylva Boström-Berglund at the Legal Aid Authority on 2020-01-27.

[168] Wejedal, S. (2019) Legal Aid – Sweden in Background Papers Bilateral Human Rights Dialogue between Cambodia and Sweden. Raoul Wallenberg Institute of Human Rights and Humanitarian Law, p. 20 (hereafter cited as Wejedal, 2019).

[169] Ibid.

[170] Swedish Bar Association. Available at: https://advokatjouren.advokatsamfundet.se/ratten-till-advokat/malsagandebitrade/ (accessed on 2019-11-07 at 13:25).

[171] Crime Victim Compensation and Support Authority. Available at: https://www.brottsoffermyndigheten.se/om-oss/vittnesstod (accessed on 2019-11-07 at 14:54).

[172] Todd-Kvam, J. (2019) An Unpaid Debt to Society: How Punishment Debt Affects Reintegration and Desistance from Crime in Norway, British Journal of Criminology, (Issue 6), p. 1478.

[173] Aaltonen, M. (2016) Post-Release Employment of Desisting Inmates, British Journal of Criminology, (Issue 2), p. 350.

[174] Olesen, Annette (2016) Debt as a Criminal Risk Factor in Denmark, Oñati Socio-Legal Series, (3), p. 676.

[175] Wejedal, 2017, p. 668.

[176] Ibid, p. 670-671.

[177] Ds 2017:53. Rätten till offentlig försvarare – Genomförande av EU:s rättshjälpsdirektiv. Available at: https://lagen.nu/ds/2017:53 (accessed on 2019-11-07 at 15:56).

[178] Wejedal, 2017, p. 671-673; European Convention on Human Rights. Available at: https://www.echr.coe.int/Documents/Convention_ENG.pdf (accessed on 2019-11-11 at 16:00).

[179] Wejedal, 2017, p. 673.

[180] Swedish Courts. Vera, report number 202 – RFI 21719. Received from the Swedish Courts on 2019-11-11 at 10:55.

[181] Swedish National Courts Administration, 2009.

[182] The most recent figures for the percentage of the population with home insurance were received through e-mail from Philip Ando at Statistics Sweden (SCB) (2019-11-13).

[183] Legal Aid Authority. (2019). Har du rätt till rättshjälp? Available at: http://www.rattshjalpsmyndigheten.se/Vad-ar-rattshjalp/Har-du-ratt-till-rattshjalp/ (accessed on 2019-12-02).

[184] All the statistics on public legal aid have been provided by Ylva Boström-Berglund at Rättshjälpsmyndigheten (the Legal Aid Authority).

[185] Swedish National Courts Administration. Available at:  http://old.domstol.se/Publikationer/Arsredovisning/redovisning_2002.pdf (accessed 2019-11-12 at 15:39).

[186] Swedish National Courts Administration. Available at: https://www.domstol.se/globalassets/filer/gemensamt-innehall/styrning-och-riktlinjer/arsredovisning/arsredovisning_2018_sverigesdomstolar.pdf (accessed 2019-11-12 at 10:35).

[187] Regan, 2003, p. 50.

[188] Eidesen et al., 1975, Eskeland, S., & Finne, J. (1973). “Rettshjelp” : en analyse og empirisk undersøkelse av tradisjonell rettshjelps muligheter og begrensninger – særlig for folk som lever under vanskelige økonomiske eller sosiale kår. Oslo: Pax.

[189] Buck, A., Balmer, N., & Pleasence, P. (2005). Social Exclusion and Civil Law: Experience of Civil Justice Problems among Vulnerable Groups. Social Policy & Administration, 39(3), 302-322., Currie, A. (2009). The legal problems of everyday life. In R. Sandefur (Ed.), Access to Justice (Vol. 12, pp. 1–41). Bingley, UK: Emerald Group Publishing.

[190] Genn, H. G., & Paterson, A. (2001). Paths to Justice Scotland: What People in Scotland Think and Do About Going to Law. Oxford: Hart Publishing Limited.

[191] Eidesen et al., 1975; Eskeland & Finne, 1973.

[192] Statistiska Centralbyrån (SCB). Medianlöner i Sverige. Available at:

https://www.scb.se/hitta-statistik/sverige-i-siffror/utbildning-jobb-och-pengar/medianloner-i-sverige/ (accessed on 2019-11-12 at 09:00).

[193] SOU, 2014.

[194] SOU, 2014.

[195] Legal Aid Authority. (2019). Ansökan och avgifter.  Accessed December 2, 2019, from http://www.rattshjalpsmyndigheten.se/Vad-ar-rattshjalp/Ansokan-och-avgifter/.

[196] SOU, 2014.

[197] Renfors et al., 2012.

[198] Ibid.

[199] Ibid.

[200] Ibid.

[201] Ibid.

[202] Ibid.

[203] Ibid.

[204] Swedish National Courts Administration, 2009.

[205] Ibid.

[206] Renfors et al., 2012.

[207] Regan, 2003.

[208] Renfors et al., 2012.

[209] Swedish National Courts Administration, 2009, p. 21f.

[210] Renfors et al., 2012.

[211] Ibid.

[212] Wejedal, 2019.

[213] Wejedal S., 2018. Rätten till effektivt biträde i migrationsprocessen. En problematisering av Migrationsverkets behörighet att förordna offentliga biträden. Juridisk publikation, Särtryck ur häfte 2/2018, p.221-252. http://juridiskpublikation.se/wp-content/uploads/2019/01/Sebastian-Wejedal.pdf.

[214] Wejedal, 2019.

[215] Ibid.

[216] Ibid.

[217] Swedish National Courts Administration, 2009.

[218] Ibid.

[219] Swedish National Courts Administration, 2009.

[220] Ibid.

[221] SOU, 2014.

[222] Swedish National Courts Administration, 2009, our translation.

[223] Regan, 2003.

[224] Eidesen, A., Eskeland, S., & Mathiesen, T. (1975). Rettshjelp og samfunnsstruktur. Oslo: Pax., Kilian & Regan, 2004.

[225] Buck, A., Balmer, N., & Pleasence, P. (2005). Social Exclusion and Civil Law: Experience of Civil Justice Problems among Vulnerable Groups. Social Policy & Administration, 39(3), 302-322.

[226] Swedish National Courts Administration, 2009.

[227] Renfors et al., 2012.

[228] Schoultz, Isabel (2014), Controlling the Swedish state: studies on formal and informal bodies of control. Stockholm: Department of Criminology, Stockholm University.

[229] Johnsen, 1994.

[230] Kilian & Regan, 2004.

[231] Swedish National Courts Administration, 2009.

[232] Carlson, 2012.

[233] Swedish National Courts Administration, 2009.

[234] Ibid.

[235] Swedish National Courts Administration, 2009.

[236] Ibid.

[237] Ibid.

[238] Ibid.

[239] Swedish National Courts Administration, 2009.

[240] The Swedish Consumers’ Insurance Bureau. (2019). Jämför hemförsäkringar. Avaiable at: https://www.konsumenternas.se/forsakring/boende/om-hemforsakringar/jamfor-hemforsakringar

(accessed 2019-11-12 at 13:30).

[241] Swedish National Courts Administration, 2009.

[242] The figures from 2018 were received from Insurance Sweden (Svensk Försäkring): https://www.svenskforsakring.se/statistik/statistikdatabas/ Accessed 2019-11-13. These numbers exclude legal expenses insurance for businesses and real estate.

[243] Swedish National Courts Administration, 2009.

[244] Ibid.

[245] Regan, 2003, p. 58f.

[246] Ibid.

[247] LO stands for the Swedish Trade Union Confederation, which is the central organisation for 14 affiliates, which organise workers in both the private and the public sectors.

[248] TCO stands for the Swedish Confederation of Professional Employees and comprises 14 affiliated trade unions.

[249] Saco stands for the Swedish Confederation of Professional Associations and is a trade union confederation of 22 affiliated associations.

[250] Based on e-mail correspondence with Sussanne Lundberg and Claes Jansson at LO-TCO Legal AB by 2015-10-12 respectively 2015-10-15.

[251] Kjellberg, A. (2018). Kollektivavtalens täckningsgrad samt organisationsgraden hos arbetsgivarförbund och fackförbund. (1 uppl.) (Studies in Social Policy, Industrial Relations, Working Life and Mobility; Vol. 2018, Nr. 1). Lund: Department of Sociology, Lund University.

[252] Ibid.

[253] Regan, 2003.

[254] Advokatsamfundet. (2019). Advokatjouren. Available at: https://www.advokatsamfundet.se/Behover-du-advokat/Advokatjouren/ (accessed 201912-02 at 10:45)

[255] Cappelletti, M. (1992). Access to Justice as a Theoretical Approach to Law and a Practical Programme for Reform. South African Law Journal, 109(1), 22-39.

[256] Ibid, p. 30.

[257] Swedish Refugee Law Centre. Available at: https://sweref.org/ (accessed 2019-12-02 at 13:53).

[258] Centrum För Rättvisa. Vårt Uppdrag. Available at: http://centrumforrattvisa.se/om-oss/#vartuppdrag (accessed on 2019-11-04 at 13:48).

[259] Asylum in Europe. Access to NGOS and UNHCR. Available at: http://www.asylumineurope.org/reports/country/sweden/asylum-procedure/information-asylum-seekers-and-access-ngos-and-unhcr/access. (accessed on 2019-11-11 at 10:36).

[260] Ibid.

[261] Ibid.

[262] Ibid.

[263] Gatujuristerna. (2019). Vårt arbete. Available at: https://advokatfirmanglendor.se/gatujuristerna/ ( accessed on 2019-12-11 at 09:54), Faktumjuristerna. (2019). Om Faktumjuristerna. Available at: http://faktum.se/faktumjuristerna/ (accessed 2019-12-11 at 09:55), Juridikcentrum (2019). Available at: https://www.juridikcentrum.se/ (accessed 2019-12-02 at 14:20).

[264] The interview was conducted in 15 October 2015 with Robin E. Göbel and Agnes Emaus Günzel at Juristjouren in Lund.

[265] Eskeland & Finne, 1973.

[266] Curran, L., & Noone, M. A. 2008, Access to justice: a new approach using human rights standards. International Journal of the Legal Profession, 15(3), 195–229.; Denvir, C., Balmer, N. J., & Pleasence, P. 2013, When legal rights are not a reality: do individuals know their rights and how can we tell? Journal of Social Welfare & Family Law, 35(1), 139–160.

[267] Sandefur, R. L. 2009, Access to Justice: Classical Approaches and New Directions. In R. L. Sandefur (Ed.), Access to Justice (pp. ix–xvii). Bingley, UK: Emerald Group Publishing.

[268] Eidesen et al., 1975.

[269] Curran and Noone, 2008.

[270] University of Gothenburg. Department of Law – Rättspraktik (Law Clinic). Available at: https://law.handels.gu.se/english/rattspraktik (accessed on 2019-11-08 at 10:52).

[271] Ibid.

[272] University of Gothenburg. Department of Law – Welfare Law in Theory and Practice (Law Clinic). Available at: https://law.handels.gu.se/english/rattspraktik/Welfare-Law-in-Theory-and-Practice+ (accessed on 2019-11-08 at 11:00).

[273] Ibid.

[274] Uppsala University, Faculty of Law. Human Rights Clinic. Available at: https://www.uu.se/en/support/human-rights-clinic/ (accessed on 2019-12-10 at 07:50).

[275] Ibid.

[276] Carlson, 2012, p. 135.

[277] Carlson, 2012.

[278] Cappelletti, M. (1993). Alternative Dispute Resolution Processes within the Framework of the World-Wide Access-to-Justice Movement, p. 282.

[279] Cappelletti, M., & Garth, B. (1978). Access to justice: the newest wave in the worldwide movement to make rights effective. Buffalo Law Review, 27(2), p. 181–292.

[280] Swedish Courts, on Civil Cases. Available at: https://www.domstol.se/amnen/tvist/sa-gar-en-tvist-till/hantera-en-tvist/. (accessed 2019-11-25 at 10:46). Rate of currency indicated from 25 November 2019 .

[281] Swedish Courts, on appeal. Available at: https://www.domstol.se/amnen/overklaga-en-dom/overklaga-till-hovratten/att-overklaga-till-hovratten/ (accessed on 2019-11-26 at 09:54).

[282] Wejedal, 2017, p. 95.

[283] Wejedal, 2017, p. 192.

[284] Wejedal, 2017, p. 906.

[285] Ibid, p. 192-193.

[286] Ibid, p. 325.

[287] Lindblom Henrik Per (2009), The Globalisation of Class Action. The Annals of the American Academy of Political and Social Science, Vol. 622, p. 231-241.

[288] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740). Government Offices of Sweden. Available at: https://www.government.se/49e41c/contentassets/a1be9e99a5c64d1bb93a96ce5d517e9c/the-swedish-code-of-judicial-procedure-ds-1998_65.pdf (accessed on 2019-10-22 at 10:58).

[289] Lindblom Henrik Per (2009), The Globalisation of Class Action. The Annals of the American Academy of Political and Social Science, Vol. 622, p. 231-241.

[290] Ibid.

[291] Sveriges Advokatsamfund (1887). Rules and regulations regarding lawyers. Available at: https://www.advokatsamfundet.se/Advokatsamfundet-engelska/Rules-and-regulations/. (accessed on 2019-11-11 at 11:03).

[292] The Swedish Code of Judicial Procedure (rättegångsbalk 1942:740). Government Offices of Sweden. Available at: https://www.government.se/49e41c/contentassets/a1be9e99a5c64d1bb93a96ce5d517e9c/the-swedish-code-of-judicial-procedure-ds-1998_65.pdf (accessed on 2019-10-22 at 10:58).

[293] Sveriges Advokatsamfund (1887). Code of Conduct of the Swedish Bar Association. Available at:

https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/code-of-professional-conduct-with-commentary-2016.pdf (accessed on 2019-10-31 at 08:27), p. 6.

[294] Sveriges Advokatsamfund (1887). Charter of the Swedish Bar Association. Available at: https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/charter.pdf (accessed on 2019-10-31 at 08:15).

[295] Sveriges Advokatsamfund (1887). Code of Conduct of the Swedish Bar Association. Available at:

https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/code-of-professional-conduct-with-commentary-2016.pdf (accessed on 2019-10-31 at 08:27).

[296] Sveriges Advokatsamfund (1887). Vägledande regler om god advokatsed. Available at:

https://www.advokatsamfundet.se/Advokatetik/regler-om-advokatetik/Vagledande-regler-om-god-advokatsed1/ (accessed on 2019-11-04 at 11:03).

[297] Sveriges Advokatsamfund (1887). Advokatexamen. Available at: https://www.advokatsamfundet.se/Att-bli-advokat/Advokatexamen/ (accessed on 2019-11-04 at 10:17).

[298] Sveriges Advokatsamfund (1887). Charter of the Swedish Bar Association. Available at: https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/charter.pdf (accessed on 2019-10-31 at 08:15), p. 15.

[299] Sveriges Advokatsamfund (1887). Code of Conduct for European Lawyers. Available at:

https://www.advokatsamfundet.se/globalassets/advokatsamfundet_sv/advokatetik/2006_code_en.pdf (accessed on 2019-10-31 at 08:39).

[300] Sveriges Advokatsamfund (1887). The Swedish Regime for Continuing Professional Training of Advocates. Available at:

.https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/regime_for_professional_training.pdf (accessed on 2019-10-31 at 08:49).

[301] Sveriges Advokatsamfund (1887). Accounting Regulations. Available at: https://www.advokatsamfundet.se/Advokatsamfundet-engelska/Rules-and-regulations/Accounting-regulations/. (accessed on 2019-10-31 at 09:00).

[302] Sveriges Advokatsamfund (1887). Rules on lawyers in other statutes. Available at: https://www.advokatsamfundet.se/Advokatsamfundet-engelska/Rules-and-regulations/Other-statutes/ (accessed on 2019-10-31 at 09:24).

[303] Sveriges Advokatsamfund (1887). The Swedish Regime for Continuing Professional Training of Advocates. Available at:

.https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/regime_for_professional_training.pdf (accessed on 2019-10-31 at 08:49).

[304] Sveriges Advokatsamfund (1887). Code of Conduct of the Swedish Bar Association. Available at:

https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/code-of-professional-conduct-with-commentary-2016.pdf (accessed on 2019-10-31 at 08:27), p. 6.

[305] Sveriges Advokatsamfund (1887). The Swedish Regime for Continuing Professional Training of Advocates. Available at: https://www.advokatsamfundet.se/globalassets/advokatsamfundet_eng/regime_for_professional_training.pdf (accessed on 2019-10-31 at 08:49).

[306]Statistiska Centralbyrån (SCB). Available at: http://www.statistikdatabasen.scb.se/pxweb/sv/ssd/START__LE__LE0108__LE0108D/LE0108T10/table/tableViewLayout1/ (accessed on 2019-11-27 at 10:53) .


[308] 1177. Available at: https://www.1177.se/ (accessed on 2019-11-28 at 14:13).

[309] Stockholms Advokatbyrå. Available at: https://xn--advokatbyrstockholm-9wb.nu/ (accessed on 2019-11-28 at 11:27); Frisells Advokatsbyrå. Available at: https://frisellsadvokat.se/ (accessed on 2019-11-28 at 14:45).

[310] Law firm Defens. Available at: https://www.defens.se/ (accessed on 2019-12-02 at 10:35).

[311] Helpie Law. Available at: https://helpielaw.se/ (accessed on 2019-12-02 at 14:50).

[312] Lawline, online legal consultation. Available at: https://www.lawline.se/ (accessed on 2019-12-02 at 13:45).

[313] Refugee Law Students. Available at: http://www.asylrattstudenterna.se/ (Accessed on 2019-12-02 at 09:56); Swedish Refugee Law Centre. Available at: http://sweref.org/om-oss/ (accessed 2019-12-02 at 10:56).

[314] Sandefur, 2009.

[315] Swedish Section of the International Commission of Jurists (2019) Programme for the Constitutional State of Sweden, p. 8. Available at: https://www.icj-sweden.org/trashed/ (accessed on 2019-12-05 10:14).

[316] Swedish Section of the International Commission of Jurists (2019) Programme for the Constitutional State of Sweden, p. 14-15. Available at: https://www.icj-sweden.org/trashed/ (accessed on 2019-12-05 10:14).

[317] Skolverket (2018) Curriculum for the compulsory school, preschool class and school-age educare 2011. Available at: https://www.skolverket.se/getFile?file=3984 (accessed on 2019-12-02 at 11:55).

[318] Ibid.

[319] Skolverket (2018) Curriculum for the Preschool Lpfö 98. Available at: https://www.skolverket.se/getFile?file=2704 (accessed on 2019-12-04 at 10:08).

[320] Skolverket (2018) Curriculum for the compulsory school, preschool class and school-age educare 2011. Available at: https://www.skolverket.se/getFile?file=3984 (accessed on 2019-12-02 at 11:55).

[321] Ibid.

[322] Ibid.

[323] Ibid.

[324] Ibid.

[325] Ibid.

[326] Skolverket (2013) Curriculum for the upper secondary school. Available at: https://www.skolverket.se/getFile?file=2975 (accessed on 2019-12-02 at 14:27).

[327] Ibid.

[328] Ibid.

[329] See for example the case of the City library in Malmö Malmö Stad, Juridisk hjälp på Stadsbiblioteket. Available at:

https://malmo.se/Uppleva-och-gora/Biblioteken/Vara-bibliotek/Stadsbiblioteket/Program-pa-Stadsbiblioteket/Program-for-vuxna/Juridisk-hjalp.html (accessed on 2019-12-04 at 11:27).

[330] The International Red Cross and Red Crescent Movement, Swedish section. Available at: https://www.rodakorset.se/vad-vi-gor/folkratt-och-skydd/asyl/ (accessed on 2019-12-03 15:59).

[331] Regan, 2003.

[332] Kilian & Regan, 2004, p. 246.

[333] Regan, 2001.

[334] SOU, 2014.

[335] Swedish Section of the International Commission of Jurists (2019) Programme for the Constitutional State of Sweden, p. 10. Available at: https://www.icj-sweden.org/trashed/ (accessed on 2019-12-05 10:14).

[336] Wejedal, 2017, p. 955ff.