Information under Article 17(1)
(a) National IT portals for communicating with courts or other authorities
Sweden does not have a national IT portal equivalent to the one introduced by the Digitalisation Regulation. Authorities in Sweden have their own digital platforms where they provide services and information. For example, the Swedish National Courts Administration (Domstolsverket), the Swedish Enforcement Authority (Kronofogdemyndigheten) and the Swedish Tax Agency (Skatteverket) have e-services on their websites which individuals and companies can use to communicate with the authorities.
For example, the e-service provided by the Swedish National Courts Administration enables members of the public to submit documents without signing them. It can also be used as a contact form and provides a more secure form of contact than ordinary email. There is also an e-service for signing and submitting documents digitally, which enables members of the public to sign documents digitally and submit them digitally to the courts and boards within the Courts of Sweden. The e-service can be accessed via domstol.se and requires electronic identification. Another example is the Swedish Enforcement Authority, which has an e-service offering electronic bank payments for cross-border payments. Information about payments of this kind is available on the Swedish Enforcement Authority’s website. The Swedish Tax Agency also has an e-service offering electronic bank payments for cross-border payments, for example for payments for a European Certificate of Succession. Information about payments of this kind is available on the Swedish Tax Agency’s website. For more details, see below under (d) Electronic payment methods.
There is no single e-service for all authorities. Instead each service is made available via the individual authority’s website, which is accessible to everyone, regardless of which country they are in. However, the prerequisites for using the different e-services may vary depending on the type of case and the purpose of the service. For information about the possibility of using videoconferencing in cross-border proceedings, refer to the answers below.
(b) National law on videoconferencing in civil and commercial matters
When a hearing is to be held in court under any of the legal acts covered by Article 5, the procedural rules of the Code of Judicial Procedure and the Court Matters Act (1996:242) apply to the proceedings, in addition to the directly applicable rules laid down in the Regulations.
a)
The Code of Judicial Procedure applies to the handling of civil cases, i.e. civil and commercial disputes. It follows from Chapter 5, Section 10 of the Code of Judicial Procedure that the court may decide, if there are grounds for doing so, that someone who is to participate in a hearing can participate by means of audio or audiovisual transmission. In assessing whether there are grounds for participation by means of audio or audiovisual transmission, the court must take into account, inter alia, the costs and inconvenience that would be caused if the person who is to participate in a hearing has to appear in the courtroom. The fact that a party or a person participating in a hearing resides outside Sweden is a typical reason for the court to allow participation by videoconference, with reference to the costs and inconvenience that a personal appearance would entail. It is ultimately the court that decides on the matter. Furthermore, the provision states that someone who participates in a hearing by means of audio or audiovisual transmission is deemed to have appeared physically in the courtroom. This means that the procedural rules which apply to the person attending the hearing by videoconference are the same as those which would apply if the person had appeared physically in the courtroom.
The provisions of Chapter 5, Section 10 of the Code of Judicial Procedure also mean that the general national rules on procedural rights and obligations apply to a person who participates by videoconference, including in relation to the service of documents and summonses (see, inter alia, Chapter 9 of the Code of Judicial Procedure and Section 3 of the Act on the service of documents), the right to interpretation and translation (see Chapter 5, Section 6 and Chapter 33, Section 9 of the Code of Judicial Procedure), the right to compensation for appearances at hearings (Chapter 36, Section 24 and Chapter 37, Section 3 of the Code of Judicial Procedure), penalties, fines and collection in the event of absence from a hearing (see, inter alia, Chapter 9, Sections 7–10 and Chapter 32 of the Code of Judicial Procedure) and appeals against court decisions (see Chapter 49 of the Code of Judicial Procedure).
The Court Matters Act (1996:242), which applies to the handling of certain cases that are not to be handled under the Code of Judicial Procedure, essentially refers to the provisions of the Code of Judicial Procedure concerning procedural rights and obligations, including in questions concerning penalties, fines and collection (Section 43) and interpretation and translation (Section 48). The act also states that Chapter 5, Section 10 of the Code of Judicial Procedure applies to participation by audio or audiovisual transmission (Section 21).
More information on the rights and obligations of a person summoned to court and on how a hearing is conducted in practice can be found on the website of the Courts of Sweden.
Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters has been implemented, inter alia, in the Act (2015:197) containing supplementary provisions to the EU Regulation on mutual recognition of protection measures in civil matters. According to Section 3 of this Act, the Court Matters Act (1996:242) applies to proceedings for amending the protection measures under Article 11 and proceedings for refusing the recognition or enforcement of the protection measures under Article 13 of the EU Regulation.
b)
Under Section 3 of the Act containing supplementary provisions to the EU regulation on mutual recognition of protection measures in civil matters, the district court is the court with jurisdiction in proceedings under Regulation (EU) No 606/2013 on mutual recognition of protection measures in civil matters.
c)
There are no formal obstacles to a court convening a hearing on its own initiative. In practice, however, hearings are often organised at the request of or in consultation with the parties.
d)
The videoconferencing tools available are Cisco and Mividas.
Further information can be found on the website of the Courts of Sweden.
e)
A request for a videoconference may be made to the court at any time before the hearing. There are no requirements concerning the form of a request of this kind. A request may therefore be made to the court orally, in writing or electronically. The court will normally rule on a request in good time before the hearing, but there are no statutory time limits. The court’s decision on how the person must participate may not be challenged during the proceedings, but only in the context of a final ruling on the case.
f)
Audio and video recordings are made of all hearings so that they can be replayed in higher courts if the case is appealed (Chapter 6, Section 6 of the Code of Judicial Procedure). Because the hearings are recorded, the people taking part do not usually have to appear before the higher court to give their evidence again. The audio file is a public document which can be made available to the public upon request if there are no grounds for confidentiality. The video file is not made available to the public. After a ruling has been made on the case, the videos are destroyed. The rules on recording hearings also apply to cross-border cases.
g)
Confidentiality is guaranteed by means of technical and practical measures, depending on the circumstances of the case. For example, a lawyer may speak separately to their client via a connection in an adjacent room in the court.
h)
Some general information on how to participate via audio and video recording is available on the website of the Courts of Sweden (domstol.se). The detailed practical measures in each case are the responsibility of the court with jurisdiction. There is no access to speech-to-text technology.
i)
Information about how the videoconference will take place is provided to the parties in each specific case. The court is also responsible for informing the person who is participating by videoconference about how to do so. The information covers everything the person needs to know to connect and participate in the hearing. There are opportunities for people with hearing impairments to be provided with hearing aids.
j-m)
The procedural rules which apply to the person participating in the hearing by videoconference are the same as those which would apply if they appeared physically in the courtroom. For more information, see point a). The detailed practical measures in each case are determined in consultation with the parties.
n)
The videoconferencing traffic, videoconferencing infrastructure and videoconferencing systems are protected by encryption and firewalls, among other things.
(b) National law on videoconferencing in criminal matters
When a hearing is to be held in court under any of the legal acts covered by Article 6, the procedural rules of the Code of Judicial Procedure and the Court Matters Act (1996:242) apply to the proceedings, in addition to the directly applicable rules laid down in the Regulations.
a)
The Code of Judicial Procedure applies to the handling of criminal cases. It follows from Chapter 5, Section 10 of the Code of Judicial Procedure that the court may decide, if there are grounds for doing so, that someone who is to participate in a hearing can participate by means of audio or audiovisual transmission. In assessing whether there are grounds for participation by means of audio or audiovisual transmission, the court must take into account, inter alia, the costs and inconvenience that would be caused if the person who is to participate in a hearing has to appear in the courtroom. The fact that a party or a person participating in a hearing resides outside Sweden is a typical reason for the court to allow participation by videoconference, with reference to the costs and inconvenience that a personal appearance would entail. It is ultimately the court that decides on the matter. Furthermore, the provision states that a person who participates in a hearing by means of audio or audiovisual transmission is deemed to have appeared physically in the courtroom. This means that the procedural rules which apply to the person attending the hearing by videoconference are the same as those which would apply if the person had appeared physically in the courtroom.
The provisions of Chapter 5, Section 10 of the Code of Judicial Procedure also mean that the general national rules on procedural rights and obligations apply to a person who participates by videoconference, inter alia in relation to the service of documents and summonses (see, inter alia, Chapter 9 of the Code of Judicial Procedure and Section 3 of the Act on the service of documents), the right to interpretation and translation (see Chapter 5, Section 6 and Chapter 33, Section 9 of the Code of Judicial Procedure), the right to compensation for appearances at hearings (Chapter 36, Section 24 and Chapter 37, Section 3 of the Code of Judicial Procedure), penalties, fines and collection in the event of absence from a hearing (see, inter alia, Chapter 9, Sections 7–10 and Chapter 32 of the Code of Judicial Procedure) and appeals against court decisions (see Chapter 49 of the Code of Judicial Procedure).
The Court Matters Act (1996:242), which applies to the handling of certain cases that are not to be handled under the Code of Judicial Procedure, essentially refers to the provisions of the Code of Judicial Procedure concerning procedural rights and obligations, inter alia in questions concerning penalties, fines and collection (Section 43) and interpretation and translation (Section 48). The act also states that Chapter 5, Section 10 of the Code of Judicial Procedure applies to participation by audio or audiovisual transmission (Section 21).
More information on the rights and obligations of the person summoned to court and on how a hearing is conducted in practice can be found on the website of the Courts of Sweden.
- Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States has been implemented, inter alia, by the Act (2003:1156) on surrender from Sweden under a European arrest warrant. Hearings under Articles 18 and 19 of the Framework Decision on the European arrest warrant are governed by the same procedural provisions as those which apply during national preliminary investigations, which are set out, in essence, in the Code of Judicial Procedure.
- Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union has been implemented, inter alia, by the Act (2015:96) on the recognition and enforcement of custodial sentences in the European Union. Under this Act, the Court Matters Act (1996:242) applies to proceedings in which a hearing under Article 6 of the Digitalisation Regulation takes place.
- Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions has been implemented, inter alia, by the Act (2015:650) on the recognition and enforcement of probationary sentences in the European Union. Under this Act, both the Code of Judicial Procedure and the Court Matters Act (1996-242) apply to proceedings in which a hearing under Article 6 of the Digitalisation Regulation takes place.
- Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention has been implemented, inter alia, by the Act (2015:485) on the recognition and monitoring of decisions on supervision measures in the European Union. Under this Act, the Code of Judicial Procedure applies to proceedings in which a hearing under Article 6 of the Digitalisation Regulation takes place.
- Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order has been implemented, inter alia, by the Act (2015:642) on a European protection order. Under this Act, the Court Matters Act (1996:242) applies to proceedings in which a hearing under Article 6 of the Digitalisation Regulation takes place.
- Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders has been implemented, inter alia, by the Act (2020:968) containing supplementary provisions to the EU Regulation concerning the freezing and confiscation of assets. Under this Act, the Court Matters Act (1996:242) applies to proceedings in which a hearing under Article 6 of the Digitalisation Regulation takes place.
b)
A request for a videoconference may be made to the court at any time before the hearing. There are no requirements concerning the form of a request of this kind. A request may therefore be made to the court orally, in writing or electronically. The court will normally rule on a request in good time before the hearing, but there are no statutory time limits. The court’s decision on how the person must participate may not be challenged during the proceedings, but only in the context of a final ruling on the case.
c)
Information about how the videoconference will take place is provided to the parties in each specific case. The court is also responsible for informing the person who is participating by videoconference about how to do so. The information covers everything the person needs to know to connect and participate in the hearing. There are opportunities for people with hearing impairments to be provided with hearing aids.
d)
Confidentiality is guaranteed by means of technical and practical measures, depending on the circumstances of the case. For example, the public lawyer may speak separately to their client via a connection in an adjacent room in the court.
e)
Under the law, if a person who has not reached the age of 18 is summoned to attend a hearing, the young person’s guardian or another person responsible for the care and upbringing of the young person must be notified of the summons, unless there are special reasons for not doing so. Special reasons of this kind may be, for example, that notifying the guardian may be assumed to be more damaging than beneficial to the young person or that notifying the guardian would obviously not fulfil any function. A similar obligation to notify a guardian applies in criminal proceedings when the young person is summoned because they have been charged with a crime. The obligation to inform guardians and others applies regardless of how the hearing is held, including when it takes place via videoconference.
f)
Audio and video recordings are made of all hearings so that they can be replayed in higher courts if the case is appealed (Chapter 6, Section 6 of the Code of Judicial Procedure). Because the hearings are recorded, the people taking part do not usually have to appear before the higher court to give their evidence again. The audio file is a public document which can be made available to the public upon request if there are no grounds for confidentiality. The video file is not made available to the public. After a ruling has been made on the case, the videos are destroyed. The rules on recording hearings also apply to cross-border cases.
g)
An appeal may be made against a decision on participation by videoconference in connection with a final ruling or judgment for all proceedings relating to Framework Decisions 2008/909/JHA, 2008/947/JHA, 2009/829/JHA, Directive 2011/99/EU and Regulation (EU) 2018/1805. In the context of an appeal, the accused, suspected, convicted or affected person under Regulation (EU) 2018/1805 may claim that their rights under Article 6 of the Digitalisation Regulation have been infringed. If the court agrees with the assessment, it can either amend the decision in favour of the complainant, refer the case back for review by the lower court or hold a new hearing in order to rectify the error made by the lower court.
A prosecutor may order a hearing under Article 18.1(a)(i) of Framework Decision 2002/584/JHA on the European arrest warrant. The conduct and incorrect decisions of a prosecutor in a preliminary investigation may be reviewed as part of the Swedish Prosecution Authority’s supervisory activities. In main hearings in Sweden, Swedish courts apply the principle of the free evaluation of evidence (Chapter 35, Section 1 of the Code of Judicial Procedure). Under Swedish law, therefore, as a general rule, all forms of evidence are permitted. The fact that, for example, evidence was obtained in breach of a particular legal rule does not, in principle, prevent it from being submitted in court proceedings. If, in the context of its free evaluation of evidence, the court identifies reasons for calling into question the way in which the evidence was obtained, the court may consider that the information has little or no evidential value. It is also possible for compensation to be awarded for the violation which led to the evidence being obtained improperly, for example by reducing the sentence. Therefore, information obtained in breach of Article 6 of the Digitalisation Regulation may have little or no evidential value or may lead to a reduction in the sentence.
If an individual’s rights under Article 6 of the Digitalisation Regulation have been infringed, they may claim damages for the incorrect exercise of official authority (see Chapter 3 of the Tort Liability Act (1972:207)).
h)
The videoconferencing tools available are Cisco and Mividas.
Further information can be found on the website of the Courts of Sweden.
i)
Some general information on how to participate via audio and video recording is available on the website of the Courts of Sweden (domstol.se). The detailed practical measures in each case are the responsibility of the court with jurisdiction. The court is also responsible for informing the person who is participating by videoconference about how to do so. The information includes everything that the person needs to know to connect and participate in the hearing.
j)
There is no access to speech-to-text technology.
k-m)
The procedural rules which apply to the person attending the hearing by videoconference are the same as those which would apply if the person had appeared physically in the courtroom. For more information, see point a).
n)
The videoconferencing traffic, videoconferencing infrastructure and videoconferencing systems are protected by encryption and firewalls, among other things.
(c) Fees for the procedures in civil and commercial matters
Information on fees for court cases is set out in the Ordinance (1987:452) on the fees of general courts. For information on the fees charged by other authorities, where appropriate, see the relevant points below.
European Payment Order
In cases handled under Regulation (EC) No 1896/2006 creating a European order for payment procedure, the application fee is SEK 300, Section 1 of the Ordinance (1992:1094) on fees at the Swedish Enforcement Authority (FAK). The application fee must be paid in advance by the applicant, Section 5 of the Act on the European order for payment procedure (2008:879). If the service is effected in another EU country, the other country may in some cases charge a fee for the service. The fee is paid by the applicant.
In cases concerning the obtaining of bank account information under Regulation (EU) No 655/2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters, a fee of SEK 300 is charged, Section 17 of FAK.
European Small Claims Procedure
Only one application fee is charged for the Small Claims Procedure, which is paid when the application is submitted to the court. No other fees are charged for the procedure or for procedural measures. The total amount for the procedure is the application fee which, after 1 July 2014, amounts to SEK 900 (Annex to the Ordinance (1987:452) on the fees of the general courts).
European Account Preservation Order
Provisions on court fees are laid down in the Ordinance (1987:452) on the fees of the general courts. The fee for an application for a European Account Preservation Order is SEK 2 800. The fee must be paid when the application is submitted to the court.
Succession Regulation
The Swedish Tax Agency charges the following fees under Section 2 of the Ordinance (2015:422) containing supplementary provisions to the EU Succession Regulation and Section 10 of the Ordinance (1992:191) on fees:
- Application for a Certificate of Succession – application fee of SEK 1 660.
- Application for a new certified copy of a Certificate of Succession or for a Certificate of Succession that has already been issued – application fee of SEK 320.
- Application for an extension of the period of validity of a certified copy of a Certificate of Succession – application fee of SEK 320.
Other regulations
No fees have been identified for other regulations, i.e. the Insolvency Regulation, the Regulations on matrimonial property regimes, the Brussels II Regulation and the Maintenance Regulation.
The Swedish Enforcement Authority’s fees for enforcement
In debt recovery cases and other enforcement cases, the basic fee is SEK 600, Sections 5–6 of FAK. In individual attachment cases, a basic fee is charged for each year of the case.
In the event of the enforced sale of movable property, a sale fee is charged. The sale fee is 4 % of the purchase price, Section 11 of FAK.
In the event of the enforced sale of immovable property, preparation and sale fees are charged.
The preparation fee is 1 % of the assessed value of the property. The sale fee is 4 % of the purchase price. The sum of the preparation fee and the sales fee must not be less than 20 % or more than 150 % of the price base amount, Section 12 of FAK.
Under Section 13 of FAK, a special fee is charged when a measure in the case involves a special cost for the state. The fee is the same as the cost. For example, a special fee may be a fee for storage after eviction. No special fee is charged for the state’s costs, for example, for the service of documents or for interpreters, Section 14 of FAK.
For fees in other cases, see Section 17 of FAK.
The applicant’s liability for the payment of costs
As a general rule, the Swedish Enforcement Authority charges the defendant/debtor for the costs. If it is not possible to charge the defendant/debtor for the costs, the applicant is usually liable for the costs, see Chapter 17, Sections 2–4 of the Enforcement Code.
In cases concerning attachment for maintenance allowances and damages resulting from crime, the applicant is not liable for the costs of execution, see Chapter 17, Section 3, second paragraph and Chapter 7, Section 14(1) and (4) of the Enforcement Code.
The Swedish Enforcement Authority may ask the applicant to pay the fee in advance, see Chapter 17, Section 5 of the Enforcement Code and Section 4, first and second paragraphs of FAK.
(d) Electronic payment methods
There are two alternative methods of payment of application fees charged under the Ordinance (1987:452) on the fees of the general courts. One is with a debit/credit card and the other is to the Bank Giro account of the Courts of Sweden. Both methods of payment are available via the website of the Courts of Sweden. Payments by debit/credit card can be made from outside the borders of Sweden. Similarly, information about IBAN and BIC is available on the payment documents created in the payment service. Using this information, it is possible for foreigners to make payments to the Courts of Sweden. The information required for debit/credit cards can be found in the payment service. The Bank Giro and reference information for the payment is created by the payment service when the payment is made.
The Swedish Tax Agency offers the option of electronic bank payments for cross-border payments, for example for the payment for a European Certificate of Succession. Information about payments of this kind can be found on the website of the Swedish Tax Agency.
The Swedish Enforcement Authority offers the option of electronic bank payments for cross-border payments. Information about payments of this kind can be found on the website of the Swedish Enforcement Authority.
Article 17(2) Notification on the early use of the decentralised IT-system
Sweden is not ready to start using the decentralised system early as part of the cooperation stipulated in the Digitalisation Regulation.
Article 17(2) Notification on the early use of videoconferencing in civil and commercial matters
Sweden is not ready to start applying Article 5 of the Digitalisation Regulation early.
Article 17(2) Notification on the early use of videoconferencing in criminal matters
Sweden is not ready to start applying Article 6 of the Digitalisation Regulation early.