Budget documents. Courts of Sweden

Transcription

1 DATE RE Budget documents Courts of Sweden R1C, , DV info.avd Jönköping Visiting address: Kyrkogatan 34 Telephone: Fax: Opening hours: Monday-friday

2 Producerat av Domstolsverket Dnr THE COURTS OF SWEDEN BUDGET DOCUMENTS

3 4 The Courts 4.1 Case trends Filed cases Determined cases Pending cases Since 2000, the number of cases filed and determined has risen, except for a temporary downturn in In 2010, the number of cases filed amounted to approximately 382,000, which is almost 108,000 more than in 2000, a rise of approximately 39 per cent. Migration cases, which were added in 2006, account for approximately one-third of the increase. The number of determined cases rose by approximately 91,000 during the same period, of which just below 35,000 are migration cases, and the total is around 370,000. This is equivalent to an increase of roughly 33 per cent. The number of pending cases rose continuously from 2002 until 2006 and then dropped for two years. In 2009 and 2010, the number of pending cases increased again. In 2010, the number of cases pending totalled almost 155,000. In 2010, the number of filed cases continued to rise. Compared to 2009, the increase was approximately 11,000, roughly three per cent. The number of filed cases in the general courts increased by just over four per cent and only in the Supreme Court did the figure remain unchanged. The number of cases filed at the District Courts was up five per cent on the previous year. At the Courts of Appeal the influx of cases increased by four per cent. At the General Administrative Courts the influx of cases for 2010 was approximately 2,000, a one per cent increase. The influx of cases increased at the Administrative Courts by five per cent, whilst the number at the Administrative Courts of Appeal and the Supreme Court of Appeal fell by eight and seven per cent respectively. The total number of determined cases continued to increase during The number of deter-mined cases rose by approximately 7,500, or around two per cent. The increase is in the general courts, which determined just over six per cent more cases. At the Administrative Courts, there was a fall in the number of cases determined, irrespective of the type of court. At the Administrative Courts the fall was one per cent, at the Administrative Courts of Appeal the figure was four per cent and at the Supreme Administrative Court of Appeal the fall was as much as 18 per cent. The total number of cases filed exceeded the total number of cases determined in 2010, which resulted in an increase in the number of cases pending by around 11,000, almost eight per cent. It is the District Courts and the Administrative Courts that report an increase in the number of cases pending, with three and 26 per cent respectively. These types of court also had an increased influx of cases during The number of cases pending at the Administrative Courts of Appeal and the Supreme Administrative Court THE COURTS OF SWEDEN BUDGET DOCUMENTS

4 of Appeal have fallen significantly, 20 per cent, compared with The influx of cases to the Rent Tribunals and Land Tribunals fell slightly in per cent, or 400 cases to approximately 27,200. The number of determined cases also fell compared with the previous year. In excess of 26,900 cases were determined in 2010, a fall of three per cent on The number of cases pending increased during 2010 by just over two per cent. Number of filed, determined and pending cases Filed cases Determined cases Pending cases Change Change Change District Courts 173, ,343 5% 167, ,631 7% 74,787 77,102 3% Courts of Appeal 23,207 24,227-4% 24,039 24,294 1% 5,640 5,615 0% Supreme Court 6,024 6,010 0% 5,923 6,107 3% 1,418 1,318-7% Administrative Courts Administrative Courts of Appeal Supreme Administrative Court 125, ,112 5% 119, ,997-1% 46,401 58,528 26% 34,519 31,808-8% 35,590 34,293-4% 12,363 9,910-20% 8,263 7,719-7% 10,110 8,313-18% 3,043 2,442-20% Total 370, ,219 3% 363, ,635 2% 143, ,915 8% 4.2 Case trend in the general courts District Courts The total number of filed cases in the District Courts increased by five per cent during The number of criminal cases filed has increased consistently throughout the whole of the 2000s and the increase in 2010 was almost six per cent. The number of civil cases filed increased by four per cent during The number of family cases as well as other civil cases and FT 1 cases increased during the year. The influx of environment cases filed fell during the year as did the number of property cases filed. The total number of determined cases has risen by just below seven per cent during In relation to 2009, the District Courts increased the rate of determination for both criminal cases (approximately six per cent) and civil cases (approximately eight per cent). As regards civil cases, the rate of determination increased for all types of case. In percentage terms, the determination of family cases and FT cases increased the most. The determination rate for environmental cases also increased 1 Civil cases where the amount claimed does not exceed half a base amount and where the case is always determined by a single judge. during 2010 whilst the determination rate for property cases fell. During 2010, the number of cases filed outweighed the number of determined cases, as a result of which the backlog at the District Courts increased. The rise in the backlog totalled three per cent. The backlog of criminal cases increased by almost five per cent. The backlog of family cases increased most (around 11 per cent). The backlog of other civil cases increased by around two per cent. In the case of FT cases, the backlog in effect remained unchanged compared with the previous year. The backlog of joint applications has fallen by approximately four per cent. For environmental cases and property cases, the backlog has fallen by just over six per cent and almost ten per cent respectively. The backlog at the District Courts for 2010 is equivalent to 43 per cent of the annual case influx, which is the same proportion as The backlog situation at the District Courts is in total considered to be such that further measures are required to improve the state of affairs and achieve a better working situation. The District Courts failed to achieve the Government operating objectives for civil cases and 4 THE COURTS OF SWEDEN BUDGET DOCUMENTS

5 criminal cases during The results, however, are close to the Government operating objective set for criminal cases. During 2009, the District Courts achieved the objective for civil cases but not the objective for criminal cases. The outcome for criminal cases improved by 0.2 months during 2010 whilst the figure for civil cases deteriorated by 0.6 months Courts of Appeal The influx of cases in the Courts of Appeal increased by four per cent during 2010 compared with The influx of civil cases, criminal cases and other cases, such as environmental cases, increased by between three and six per cent. The total number of cases determined by the Courts of Appeal in 2009 increased slightly in 2010 compared to The number of determined civil cases fell substantially (-10 per cent). The number of determined criminal cases increased by three per cent. The number of other cases determined increased by two per cent and the number of environmental cases by 29 per cent. The situation regarding cases pending at the Courts of Appeal remains generally unchanged compared with In terms of the different case categories, the number of criminal cases pending has fallen by two per cent and the number of environmental cases pending by 38 per cent whilst there was an increase in the number of civil cases by three per cent and other cases by 12 per cent. The backlog for the Courts of Appeal is equivalent to 23 per cent of the annual case influx, which is a slight improvement compared with 2009 when the backlog was 24 per cent. As a whole, the Courts of Appeal achieved the Government operating objective for civil cases in 2010 although the operating objective for criminal cases was not achieved. The outcome compared with 2009 improved for civil cases by approximately three months and for criminal cases by one month The Supreme Court The number of cases filed in the Supreme Court has in effect remained unchanged compared with The influx has increased for criminal cases by five per cent and other cases by just below three per cent, whilst the influx for civil cases fell by 35 per cent. Even the number of determined cases has increased, more specifically by just over three per cent. The number of criminal cases and other cases determined increased by almost eight per cent and seven per cent respectively, whilst the number of civil cases determined fell by almost 38 per cent. The backlog at the Supreme Court improved during In total, the backlog improved by seven per cent or 100 cases. The backlog has improved for all case categories. For civil cases the figure was almost 12 per cent, for criminal cases over ten per cent and for other cases over five per cent. The age structure of the backlog deteriorated slightly during The backlog at the Supreme Court is equivalent to almost 22 per cent of the annual case influx, which means that the level has improved in relation to the 2009 figure of 24 per cent. During the period , the trend at the Supreme Court was an increase in the number of exemption cases. Since 2008, this trend has been broken and the number of exemption cases for 2010 (133) is slightly lower than for During 2010, the Supreme Court achieved three of its nine operating objectives, which is an improvement on 2009 when two of the objectives were achieved. 4.3 Case trend in the Administrative Courts County Administrative Courts In 2010, the number of cases filed in the administrative courts increased by almost five per cent in relation to Filed tax cases decreased during 2010 by almost seven per cent. The same is the case for congestion tax cases (-15 per cent), psychiatric cases (-2 per cent) and volume crime 2 (-32 per cent). On the other hand, the number of filed social security cases increased (35 per cent), as did cases under 2 Volume cases: real estate tax assessment, civic registration, correctional treatment, driving licence and study support cases. THE COURTS OF SWEDEN BUDGET DOCUMENTS

6 the Social Services Act (1 per cent), CYPA 3 cases (5 per cent), CCSAA 4 cases (8 per cent), PPA 5 cases (72 per cent) and other cases (9 per cent). The number of filed migration cases increased by almost five per cent between 2009 and Figures for the various case categories show that the number of filed removal cases has fallen (-16 per cent) and cases dealing with residence permits not related to refusal of entry or deportation have increased (48 per cent). The Administrative Courts reported a marginal fall in the case determination rate (-1 per cent) during 2010 compared with The number of determined tax cases fell (-8 per cent), as was the case with congestion tax cases (-31 per cent), psychiatric cases (-2 per cent) and volume cases (-32 per cent). However, the case determination rate rose for social insurance cases (4 per cent), cases under the Social Services Act (3 per cent), CYPA cases (6 per cent), CCSSA cases (10 per cent), PPA cases (59 per cent) and other cases (1 per cent). The number of determined migration cases increased by just over four per cent between 2009 and Figures for the various case categories show that the number of determined removal cases fell (- 16 per cent) whilst cases involving residence permits not related to refusal of entry or deportation increased substantially (62 per cent). Compared to 2009, the total backlog in the Administrative Courts increased during The increase was just over 26 per cent. The backlog of all case categories increased, except for tax cases (-10 per cent), psychiatric cases (-4 per cent), CCSSA cases (-12 per cent) and migration cases (-2 per cent). The backlog for other case categories varies between just over eight per cent and 197 per cent. As regards social insurance cases, the backlog increased by 70 per cent and cases under the Social Services Act and other cases increased by 17 per cent and 43 per cent respectively. The total backlog in the Administrative Courts now accounts for 45 per cent of the annual case influx, which is considerably higher than in 2009 when the figure stood at 37 per cent. The primary reason for the rise in the number of cases pending is probably the merger of the County Administrative Courts into Administrative 3 Cases that fall under the Care of Young Persons Act. 4 Cases covered by Compulsory Care for Substance Abusers Act. 5 Cases that fall under the Public Procurement Act. Courts in combination with an increase in the influx of cases. There are relatively significant variations between the individual administrative courts with regard to the backlog. A number of Administrative Courts have a backlog which must be regarded as satisfactory or in some cases good whilst at several Administrative Courts this situation is a cause for concern and the backlog must be reduced significantly. During 2010, the Administrative Courts overall did not meet the Government's operating objective. The outcome for 2010 showed an increase of 1.7 months compared with Overall, the Migration Courts achieved two of the three operating objectives during In the case of the operating objectives that were not met, the outcome is the same as Administrative Courts of Appeal At the Administrative Courts of Appeal, the influx of cases fell during 2010 (-8 per cent). Both tax cases and social insurance cases fell by 16 per cent and 15 per cent respectively. The number of filed congestion tax cases, cases under the Social Services Act, volume cases and other cases fell. However, the number of filed psychiatric cases, CYPA cases, CCSAA cases and PPA cases increased. The greatest increase can be found in the PPA cases, which rose by 43 per cent. The number of filed migration cases fell (-3 per cent) between 2009 and Figures for the various case categories showed that the number of filed removal cases fell (-15 per cent) whilst cases dealing with residence permits not related to refusal of entry or deportation increased significantly (89 per cent). The case determination rate in the Administrative Courts of Appeal fell slightly during 2010 (-4 per cent). Figures for the various case categories showed a fall in the number of determined social insurance cases (-25 per cent), cases under the Social Services Act (-9 per cent) and volume cases (-29 per cent). Other case categories that appeared at all the Administrative Courts of Appeal increased to a varying extent. PPA cases accounted for the greatest increase (33 per cent). The number of determined migration cases increased slightly during the year (1 per cent). Figures for the different case categories showed a fall in the number of removal cases (-10 per cent) whilst cases dealing with residence permits not related to refusal of entry or deportation increased (71 per cent). The number of determined cases in the Administrative Courts of Appeal slightly exceeds 6 THE COURTS OF SWEDEN BUDGET DOCUMENTS

7 the number of filed cases, which as a whole means that the backlog situation has improved compared with 2009 by almost 20 per cent. For the different case categories as a whole, the backlog fell for tax cases (-25 per cent), congestion tax cases (-63 per cent), social insurance cases (-25 per cent), cases under the Social Services Act (-27 per cent), psychiatric cases (-18 per cent), CCSAA cases (-6 per cent), volume cases (-41 per cent) and other cases (-20 per cent). As regards other case categories the backlog has increased. The backlog increased by 8 per cent for CYPA cases and 91 per cent for PPA cases. The number of migration cases pending fell during the year (-8 per cent). The figures for the different case categories showed that the number of removal cases fell (-20 per cent) whilst cases involving residence permits not related to refusal of entry or deportation increased (129 per cent), although in terms of number this increase only represents 174 cases. The overall backlog is now 31 per cent of the annual influx of cases to the Administrative Courts of Appeal, which is an improvement on 2008 and 2009 when the backlog figures were 39 per cent and 36 per cent respectively. There has been an improvement in the trend in recent years although the number of cases pending at the Administrative Courts of Appeal is still too high and the backlog needs to be reduced even further. During 2010, the Administrative Courts of Appeal did not meet the Government's operating objective. In relation to 2009, the outcome is slightly worse. The Migration Court of Appeal, however, did manage to meet the Government objective The Supreme Administrative Court At the Supreme Administrative Court the number of filed cases fell during 2010 (-7 per cent) compared with the previous year. The number of tax cases filed, as well as social insurance cases and cases under the Social Services Act, PPA cases and volume cases, decreased. An increase was noted, however, in the number of filed congestion tax cases, psychiatric cases, CYPA cases and CCSAA cases as well as other cases to a varying extent. The number of determined cases fell (-18 per cent) during 2010 compared with The determination rate increased for cases under the Congestion Tax Act and for psychiatric cases although the determination rate for other case categories fell to a varying extent. The biggest change in relation to 2009 can be seen in social insurance cases, where the number of cases determined fell by 40 per cent. In 2010, the number of cases determined exceeded the number of cases filed to such an extent that the backlog at the Supreme Administrative Court was reduced. The backlog compared with 2009 fell by 20 per cent. The backlog for the three largest case categories in terms of number tax cases, social insurance cases and other cases improved substantially. The total backlog at the Supreme Administrative Court is now 32 per cent of the annual influx of cases. The corresponding figure for 2009 was 37 per cent and for 2008 and 2007 the figures were as high as 57 per cent and 84 per cent. The Supreme Administrative Court succeeded in reversing the trend during and during 2010 there was a further significant improvement in the backlog. During 2010, the Supreme Administrative Court met one of its own four operating objectives. THE COURTS OF SWEDEN BUDGET DOCUMENTS

8 Attainment of the Government s operational objectives, excluding migration cases Court category/case category District Courts Turnaround time in months for determined cases, 75th percentile Outcome Case Civil cases excluding joint petitions for divorce Criminal cases, excluding priority cases Courts of Appeal - Civil cases Criminal cases, excluding priority cases County Administrative Courts - All cases, excluding priority cases Administrative Courts of Appeal - All cases, excluding priority cases Rent and Tenancy tribunals - Matters dealt with at the Rent and Tenancy Tribunals, excluding renouncing matters Attainment of the Government s operational objectives for migration cases Court category/case category Turnaround time in months for determined cases, median Outcome Case Migration courts - All migration cases Removal cases Enforcement cases Migration Court of Appeal - All migration cases THE COURTS OF SWEDEN BUDGET DOCUMENTS

9 4.4 Specific initiatives to reduce the backlog During 2010, a whole series of backlog mitigation measures were taken at the Courts of Sweden. At the District Courts a special backlog mitigation response unit has been in place since August where the focus is on cases older than two years. For a period of two years a number of judges will serve at different District Courts that have a large backlog of older cases. The response unit will also act as support in the work of the District Courts in developing their working methods. During the autumn, a special backlog mitigation response unit for older cases worked at Gothenburg District Court and the district courts under the Court of Appeal for Övre Norrland. In Norrland, initiatives are planned to be completed by February When the response unit was set up in August there were almost 2,600 pending criminal and civil cases that were older than two years at the district courts around the country. At the end of the year this figure had been reduced to below 2,400. In addition, there has been a support unit in place since 2007 which at present comprises eight judges. For the general courts, it is envisaged that the services of the support unit will be utilised when a judge is undergoing training at the Courts of Sweden Judicial Training Academy, in conjunction with long-term absence due to illness or to deal with major cases. At the Administrative Courts there will be the opportunity to engage the services of judges from the unit to take part in backlog mitigation work. There are also senior judges and rent tribunal judges who do not fall under a specific authority who serve at different courts as support. In total, there are around 30 persons working at the different units. In addition to these support judges, many courts engage the services of retired judges. In spring 2010, further financial initiatives were adopted to counter the increased influx of cases and to reduce backlogs. Discussions took place with the courts and total additional funding of almost SEK 15 million was approved for backlog mitigation. Within the framework of the normal budget process, SEK 33 million was allocated for this purpose. In addition, the courts were granted the financial opportunity during 2010 to take temporary initiatives to reduce the backlogs and to find a solution to the long turnaround times. In the main this involved handling the generation shift among staff in advance by duplicating employees during a certain period and by employing temporary staff. Special agreements were drawn up between the, Swedish National Courts Administration (SNCA) and the courts which had received special funding for backlog mitigation and included a plan and aims for the backlog mitigation project. As a rule, these courts had relatively large backlogs or a large number of older cases in the backlog. The backlog situation at the Administrative Courts of Appeal and the Supreme Administrative Court of Appeal improved significantly during The backlog at the Supreme Court also improved whilst the situation at the Courts of Appeal in effect remained unchanged. The backlogs at the Administrative Courts developed very negatively during the year, reporting an increase of 26 per cent. As the number of cases filed increased, the considerable work devoted to the major organisational change during the year has naturally had a negative impact on the reduction in the number of cases pending. Many new and as yet inexperienced staff needed to be employed in conjunction with the mergers, which took place on February 15, Special agreements were reached with a number of Administrative Courts regarding backlog mitigation initiatives during Compared with 2009, backlogs have also increased at the District Courts by three per cent, mainly due to a rise in the influx of cases. In a questionnaire sent to the courts at the end of 2010, the courts made their own assessments regarding attainment of objectives. In the case of the District Courts, certain factors apart from the influx of cases extensive cases, a high staff turnover and recruitment difficulties are considered to have made the possibility of meeting the targets more difficult. There was a particular focus during the year on backlog cases older than two years and older than three years. At the end of 2009, the total backlog included just over 5,900 cases that were older than two years and 2,700 cases that were older than three years. At the end of THE COURTS OF SWEDEN BUDGET DOCUMENTS

10 2010, these backlog figures had been reduced to 4,900 cases older than two years and 2,200 cases older than three years. This is equivalent to a reduction of 17 per cent and 19 per cent respectively. The older cases were mainly at the District Courts and the majority of the cases were at Stockholm District Court and Gothenburg District Court. During the autumn, information was received from the courts regarding the oldest cases in the backlog. Based on this information, it can be noted that around half of the cases pending that are older than three years cannot be heard by the courts for reasons beyond their control. This could, for example, take the form of service difficulties, the absence of persons who are to be examined, waiting time pending another case being decided in a higher court or that the summons application has not been received. There is a clear indication that the courts with large backlogs also have long turnaround times whilst courts with fewer cases in their backlog have shorter turnaround times. During 2007, a computation model 6 was prepared to divide up the courts' total backlog into what are termed a working backlog and a surplus backlog. The term working backlog means that the number of cases pending is not in line with the normal handling of cases. The number of cases that exceeds the working backlog is defined as a surplus backlog and it is this figure that ought to be reduced. At the end of 2009, the total surplus backlog amounted to over 11,800 cases 7. At the end of 2010, the figure had increased to around 20,500. The SNCA track the surplus backlog trend each month and publishes information on the intranet, which is available to all employees at the Courts of Sweden. 6 The model is presented in the report 'A Statistical method for calculating an optimal working balance' (Ref ). 7 This information deviates from what was reported in the budget documentation last year due to a slightly modified way of calculating work backlog and surplus backlog. The working backlog is calculated as a proportion of cases filed. Previously, the working backlog was only updated after each year-end with the volume of cases filed during the preceding year. Now the working backlog is recalculated every month based on the number of cases filed during the past 12 months (rolling). The historical data for surplus backlogs has also been adapted to the new computation method. 10 THE COURTS OF SWEDEN BUDGET DOCUMENTS

11 4.5 Productivity trend A common way to measure productivity is to study the relationship between performance and the time worked, what is termed work productivity. For the Courts of Sweden this means placing the number of determined cases and matters in relation to the number of full-time workers calculated on an annual basis 8. In 2010, slightly more cases and matters were determined per man-year compared with There was an increase at the general courts whilst at the general administrative courts fewer cases per man-year were determined. Another way to measure productivity is to relate the number of determined cases and matters to the costs, what is termed cost productivity, which is the method that has been chosen here. The productivity trend becomes particularly interesting if it is studied over a long period of time. During the 2000s the total number of determined cases and matters increased steadily from 2001, dipping temporarily in In 2010, the number of cases and matters determined increased to the highest level recorded during the 2000s. The total costs 9 rose during the first two years of the 2000s before falling for the three following years. Since 2006, costs have increased each year. Indexed trend of the number of cases determined, costs and productivity at the courts using 2000 as the base year. 8 When calculating cases in matters per man-year as well as cost productivity, cases have been consistently weighted for the District Courts and the County Administrative Courts. The weightings are the same as the weightings used in conjunction with resource deployment. Migration cases and cases dealing with congestion tax have been excluded. It has not been possible to exclude the number of man-years for cases dealing with congestion tax. 9 'Cost' refers to the cost incurred, i.e. including administrative costs. This has been recalculated to fixed prices based on the Statistics Sweden implicit index using 2010 as the base year. THE COURTS OF SWEDEN BUDGET DOCUMENTS

12 The trend for the number of determined cases and costs resulted in a decline in cost productivity for the courts at the start of the 21st century. Between 2002 and 2005, productivity improved for each individual year before stagnating in In 2007, productivity fell as costs rose more than the number of determined cases. The reasons for the relatively substantial increase in costs and the weaker productivity trend were predominantly an increase in the number of man-years at the same time that the interest costs and amortisation as well as a significant rise in costs for lay judges as result of, among other things, the increase in fees. During 2008, productivity rose to the highest ever level during the 2000s. A possible explanation for the improvement in productivity is that the earlier extensive new recruitment and the focus on backlog mitigation produced results. In 2009, productivity fell once again as costs rose and at the same time the number of cases determined fell. A possible explanation for the decline in productivity is that the number of cases determined fell substantially as a result of planning and implementation of the administrative court reform and the cost of premises increased due to duplication of rents in conjunction with rebuilding and new construction. In 2010, more cases were determined than in any other year during the 2000s and at the same time costs continued to increase. In total, this meant a slight improvement in productivity between 2009 and Productivity at the general courts (Index trend with 2000 as the base year) District Courts Courts of Appeal Supreme Court The productivity trend for the general courts shows an improvement for all types of court compared with The number of cases and matters determined increased by 6 per cent at the same time that costs increased by 3 per cent. Productivity at the Courts of Appeal remains virtually unchanged whilst the District Courts report an increase in productivity of 2 per cent and the Supreme Court an increase of 9 per cent. 12 THE COURTS OF SWEDEN BUDGET DOCUMENTS

13 Productivity at the general administrative courts (Index trend with 2000 as the base year) County Administrative Courts Administrative Courts of Appeal Supreme Administrative Court of Appeal At the general administrative courts productivity fell during 2010 by two per cent compared with the previous year. The number of cases determined fell by three per cent whilst costs fell by one per cent. All types of court on the administrative side report a fall in productivity. Productivity at the administrative courts during 2010 fell by one per cent, at the Administrative Courts of Appeal by four per cent and at the Supreme Administrative Court of Appeal by 11 per cent. The principal explanation is the implementation of the administrative court reform, which has had a negative impact on case reduction. This has produced knock-on effects at the Administrative Courts of Appeal and the Supreme Administrative Court in the form of a reduced influx of cases and also a reduction in the number of cases determined. At the same time, the age structure has improved at the Administrative Courts of Appeal and the Supreme Administrative Court following a substantial fall in the backlog of older cases 4.6 Forecasts for the influx of cases The general courts Civil cases and bankruptcy matters During the early 1990s, the number of civil cases (excluding family cases) and bankruptcy matters filed at the District Courts increased substantially. This coincided with the recession in Sweden during the same period. During this economic downturn, between 1990 and 1993, the number of filed civil cases, excluding family cases, and bankruptcy matters increased by an average of 19 and 24 per cent annually. This association was reinforced by the fact that when the economy improved there was a fall in the number of civil cases (excluding family cases) and bankruptcy matters. At the beginning of the 2000s there was a further downturn in the economy, which resulted in a slight increase in the number of civil cases and bankruptcy matters, amounting to approximately 10 per cent during the period (3-6 per cent per annum), which then fell again when the economy improved. Overall, this indicates that civil cases (excluding family cases) and bankruptcy matters are sensitive to the state of the economy and have a tendency to increase in times of recession. Family cases within the civil case category showed a more stable trend throughout the 2000s and do not demonstrate the same sensitivity to the state of the economy. In 2008, however, the number increased by six per cent and this increase continued even more powerfully during A probable explanation could be that family cases, following the introduction in autumn 2008 of the requirement for leave to appeal to the Court of Appeal in 2008, increasingly became the subject THE COURTS OF SWEDEN BUDGET DOCUMENTS

14 of a new case in the District Court following a previous decision in the District Court taking legal effect. The change in the requirement for leave to appeal in the Court of Appeal probably means that the number of family cases will now stabilise but will continue to be on a higher level in the District Court than was the case prior to the change. Sweden found itself in a sudden global recession during the latter half of During 2009, the GDP fell by around 5 per cent. There has not been such a powerful downturn for a very long time. Not even during the deep recession years in the early 1990s was the fall in the GDP so large for one single year. This is reflected in the number of filed civil cases and bankruptcy matters, which increased substantially. As the number of filed civil cases and bankruptcy matters has proved to be dependent on shifts in the economy it is probable that the economic trend will be highly crucial to the rate of change in cases filed during the next few years. A slowdown in the recession was noted in Sweden back in the second half of 2009, i.e. just one year after it began has been marked by a surprisingly strong and rapid recovery albeit from low levels. The GDP has risen by over 5.5 per cent at the same time that the financial barometer shows very high levels for companies and households. Several economic research institutes and the Government have revised their forecasts upwards for 2011 and for the years immediately following. In its forecast for the Swedish economy, the Government states that the permanent effects of the crisis are considered to be less than what was previously assumed and this means a more rapid recovery. At the same time, there are a number of threats to the Swedish economy which risk impeding growth. The main factor is a weak rate of growth abroad and particularly in key export markets such as Europe and the USA. Expansion in GDP in the majority of these countries was far from Swedish levels in 2010 and there is considerable financial concern, particularly within the euro area. Unemployment also continues to be relatively high in Sweden and many households have a considerable debt burden which could inhibit future consumption. Despite the considerable uncertainty with regard to the global economy in the future and its implications, the recovery in the Swedish economy leads to the assumption that the rise in civil cases will cease and the number of bankruptcy matters will stabilise over the next few years. During 2010, the number of civil cases continued to increase compared with previous years although at a considerably lower rate (albeit compared with a high level). Despite this, there was a tendency towards a levelling out in the rate of increase during the second half of The number of bankruptcy matters fell by 1.4 per cent in 2010 compared with the previous year. However, as opposed to the civil cases there was a certain rising trend noted during the second half of The SNCA is of the opinion that the number of civil cases and bankruptcy matters filed with the District Courts will fall by approximately 2000 and 500 respectively during At the end of the forecast period it is assumed that they will stabilise on a level considerably below the figure for 2010, above all with regard to civil cases. The forecasts for the Courts of Appeal and the Supreme Court are based on the same rate of change as for the District Courts. As regards bankruptcy matters in the Supreme Court, these are expected to be low in number and have a marginal impact on the total influx of cases and consequently the calculation of these has been excluded. 14 THE COURTS OF SWEDEN BUDGET DOCUMENTS

15 The trend for the number of filed civil cases (excluding family cases) and bankruptcies. The figures for are forecasts Civil cases and bankruptcies District Court Civil cases 66,107 72,426 82,464 85,789 83,500 80,500 78,500 78,500 10% 14% 4% -3% -4% -2% 0% Bankruptcies 10,655 9,675 11,609 11,451 11,000 11,000 10,500 10,500-9% 20% -1% -4% 0% -5% 0% Court of Appeal Civil cases 2,515 2,748 2,813 2,982 2,900 2,800 2,700 2,700 9% 2% 6% -3% -3% -4% 0% Bankruptcies % -3% 37% -5% 0% -5% 0% Supreme Court Civil cases % -19% -35% -3% -3% -3% 0% Number of filed civil cases and bankruptcy matters Tvistemål Konkursärenden Criminal cases During the 2000s the number of criminal cases filed at the District Courts increased steadily (apart from a temporary dip in 2001) was no exception with the number of filed criminal cases rising by nearly six per cent, amounting to almost 5,000 cases. The reasons for the increase during the 2000s can be traced primarily to the resources, organisation and prioritisations of the Swedish Police and the Swedish Prosecution Authority. In recent years in particular substantial resources have been allocated to the Swedish Police and the Swedish Prosecution Authority to develop crime investigation. The influx to the District Courts from the Prosecution Authority cannot be changed and the factors which affected the influx and outflow earlier in the legal THE COURTS OF SWEDEN BUDGET DOCUMENTS

16 chain, i.e. among the police and the prosecutors, thus affect the influx to the District Courts. According to the SNCA, the number of criminal cases will continue to rise during the period This is based mainly on Police and Swedish Prosecution Authority assumptions about the outflow of matters and prosecutions in the report 'Capacity Requirements in the Judicial System, ', combined with information on the allocation of grants as well as historical case statistics at the courts. According to the Police, the number of matters for prosecutors for the period will continue to rise by 10 per cent compared with The forecast is based mainly on a statistical trend prediction although the Swedish Police emphasise a range of factors that could affect the outflow of matters. Such matters include mobile investigation support (PUST), an increase in the number of employees and internal political prioritisations. Among other things, there will be a focus on volume crime and youth crime during the next few years. The police forecast an increase in outflow during the period for crimes of violence, sex crimes, Penal Code 9-11, Penal Code 13-21, and drugs offences. Police funding will increase by SEK 400 million from 2011 and with a further SEK 150 million from For the period , the Swedish Prosecution Authority predicts a continued rise in suspected crime that leads to prosecution for the period , with a 13 per cent increase compared with The forecast by the Prosecution Authority is based mainly on statistical extrapolations and supplemented by different influencing factors and the Police outflow. Examples of such factors are IT co-ordination within the legal system, internal prioritisation of, for example, youth crimes and sex crimes, as well as a change in the handling of volume crimes in order to reduce the throughflow times and raise the level of productivity. The crime categories that it is assumed will increase most through to 2014 are drugs offences, sex crimes as well as the Other crimes category. Prosecution Authority funding will increase by SEK 40 million from 2011 and by a further SEK 40 million from The SNCA continued during 2010 with a more in-depth examination of the prosecutors' outflow and the District Courts' influx. This indicates a continuation of the distinct trend towards the number of suspected crimes leading to prosecution per filed case falling, i.e. the influx at the District Courts is increasing in percentage terms more than the outflow at the Swedish Prosecution Authority. During 2010, there were 2.26 decisions to prosecute per criminal case. This is a fall of 16 per cent compared with the beginning of the 2000s when the number of decisions to prosecute was 2.7 per criminal case. One possible explanation could be that the number of "one-to-one relationships" between the suspicion of a crime and a case has increased, i.e. a case in the District Court involves one person and one suspect. This ought to be the most common in the 'monetary penalty crime' category, a category that has increased substantially since 2007 and which continued to increase during 2010, if only by four per cent. Another factor that could influence the relationship is the increased use of the preliminary enquiry limitation at the Swedish Prosecution Authority. Overall, the SNCA, based on the above line of reasoning, is of the opinion that the number of criminal cases filed at the District Courts will increase in total by around 15,500, or 17 per cent, during the period compared with This is the same assessment presented in the report 'Capacity Requirements in the Judicial System, '. The forecast is for the Courts of Appeal and the Supreme Court based on the same rate of change as for the District Courts. 16 THE COURTS OF SWEDEN BUDGET DOCUMENTS

17 Trend for the number of filed criminal cases. The figures for are forecasts District Courts 75,892 82,992 87,472 92,415 96, , , ,000 9% 5% 6% 4% 4% 4% 4% Courts of Appeal 8,387 9,028 9,079 9,373 9,700 10,100 10,500 10,900 8% 1% 3% 3% 4% 4% 4% Supreme Court 1,444 1,553 1,676 1,758 1,820 1,900 1,980 2,060 8% 8% 5% 4% 4% 4% 4% Number of filed criminal cases Other case and matter categories in the General Courts With effect from May 2011, the Land and Environment Courts will deal with environment and property cases as well as cases that fall under the Planning and Building Act, which at present are the The number of court matters filed remained relatively constant during the period There was a sharp increase in the number in as a result of the introduction of what responsibility of the administrative courts. has been termed the 'ROT deduction' (a tax deduction Throughout the 2000s, the number of property cases filed each year has been 1,050-1,300. No trend can be seen and for the period the SNCA has assumed an unchanged influx of cases. There has been a slight increase in the number of environment cases since During 2009, the increase was just over 12 per cent and during 2010 the number of environment cases filed remained at this historically high level. The SNCA is of the opinion that it is difficult to assess the trend for the number of environment cases during the forecast period. The number of planning and building cases has remained relatively stable following a substantial increase in and the situation is expected to continue. for labour costs in conjunction with home repairs, maintenance and reconstruction as a means of stimulating the construction industry), which led to an increase in the number of gifts between spouses (legal registration of both spouses). The largest category of court matters, Other court matters, increased every year during the 2000s apart from At the present time there is nothing to indicate that this increase will cease. The Government also proposes expanded potential for granting debt clearance for business proprietors (Bill 2010/11:31). It is proposed that the changes will come into effect on July 1, The change will probably entail an increase in the number of debt clearance matters at the general THE COURTS OF SWEDEN BUDGET DOCUMENTS

18 courts. With the aim of streamlining the work of the courts, the Government proposed in the 2010 Spring Finance Bill (Bill 2009/10:100), in the light of the outcome of the Court Matters Enquiry (SOU 2007:65), a transfer of a number of matters from the Courts of Sweden to different administrative authorities. The Budget Bill for 2011 (Bill 2010/11:1) states which funding allocation is to be transferred from the Courts of Sweden to each administrative authority. By reason of the proposed changes, the number of court matters dealt with by the District Courts will fall Administrative Courts (excluding the migration courts) Social insurance cases The trend for social insurance cases filed at the County Administrative Courts throughout the country during the 2000s rose continuously before falling by almost 40 per cent in Probably the main reason for the marked fall was the introduction of a compulsory review by the Social Insurance Office of all decisions from January 1, 2008 before a decision could be appealed to the County Administrative Court. The number of social insurance cases filed rose again in 2009 and continued to increase even more sharply in The majority of the increase took place primarily in relation to cases involving incapacity allowance and activity allowance as well as sickness benefit. Together, these two types of cases increased by almost 4,400, or 53 per cent, during The number of cases filed in these categories is now considerably above the previously highest levels during the 2000s. For the other two major types of cases: occupational injury insurance and unemployment payments, the increase in 2010 was significantly lower and in total only amounts to around 100 cases, an increase of less than two per cent. It is mainly cases involving occupational injury insurance that have fallen substantially since and a re-allocation has taken place within this case category, with incapacity allowance and sickness benefit cases now dominating completely. The trend for the number of filed social insurance cases is very difficult to forecast, largely due to the considerable scope of different types of cases and the rule changes that took place with regard to sickness benefit as well as incapacity allowance and activity allowance. The starting point for the SNCA forecast with regard to filed social insurance cases is that the increase in cases in recent years is linked to the change in the sickness insurance rules. How the number of cases will increase in the future is thus governed by factors that impact on sickness insurance. These factors include the backlog at the Social Insurance Office, the number of people who leave the sickness insurance scheme as a result of the time limit as well as rejection and withdrawal of sickness benefit. The Social Insurance Office implemented a backlog mitigation initiative at the end of 2009 and the beginning of This could potentially have generated an increase in the influx of cases to the administrative courts, particularly during the first half of During 2010, over 44,000 people left the Social Insurance Scheme as a result of achieving the maximum time limit for sickness benefit or incapacity allowance. For 2011, the Social Insurance Office predicts that over 17,000 people will leave the sickness insurance scheme for the above reason. For the period the forecast is 5,000-6,500 people. As the number is expected to fall sharply during the next few years, this ought to be an indication of a potential decrease in the number of cases involving sickness benefit, incapacity and activity allowance to the administrative courts. The Social Insurance Office statistics indicate an increase in withdrawal of sickness benefit and the number of rejected applications has increased. Over 36 per cent fewer people were granted an incapacity allowance or activity allowance in 2010 compared with This could potentially lead to more appeals in the short term. At the same time, the Social Insurance Office statistics show that the number of persons absent from work due to illness is rising once again after falling since People who return to the sickness insurance scheme account for a significant part of this increase. Furthermore, the Social Insurance Office has not seen the same powerful increase in matters which the administrative courts have seen with regard to filed cases. A possible explanation could be the greater propensity among the people concerned to appeal their decisions and to take the case to court. The reasons for this could be the complicated rules, the fact that the Social Insurance Office finds it difficult to explain to the people concerned and that there has been considerable attention in the media regarding changes in the rules regarding sickness. Overall, the above indicates that the number of cases filed related to sickness benefit and incapacity allowance and activity allowance, and thus in total for social insurance cases, ought to stagnate and in 18 THE COURTS OF SWEDEN BUDGET DOCUMENTS

19 time decrease compared with There is an uncertainty factor in the form of the relatively high numbers who recently left the social insurance scheme and that many have returned and that it is difficult to predict their future. At present there is a large number of social insurance cases pending at the administrative courts. A calculation of the number of cases at the Administrative Courts of Appeal and the Supreme Administrative Court in the next few years has been based on the backlog at the Administrative Courts together with the proportion appealed and the number of social insurance cases filed at higher courts in a normal year. Trend for the number of social security cases. Figures for are forecasts Administrative Courts 10 22,791 14,461 16,532 22,378 22,000 20,000 20,000 20,000-37% 14% 35% -2% -9% 0% 0% Administrative Courts of Appeal 6,388 6,488 4,701 3,978 7,500 7,000 6,500 6,000 2% -28% -15% 89% -7% -7% -8% Supreme Administrative Court 11 2,053 2,261 1,926 1,481 2,500 2,200 2,000 2,000 10% -15% -23% 69% -12% -9% 0% 10 With effect from February 15, 2010, the County Administrative Courts became the Administrative Courts. 11 On January 1, 2011 the Swedish name of the Supreme Administrative Court changed but remained the same in English. The number of filed social security cases in the County Administrative Courts and forecasts for Cases under the Social Services Act (SSA cases) The number of cases filed under the Social Services Act (SSA cases) during the 2000s has been rising steadily and in reached a new all-time high with over 24,000 cases. This is equivalent to an increase in excess of 11 per cent compared with The highest number of SSA cases filed during the past two years can largely be ascribed to the state of the economy and above all its effect on unemployment. According to the Swedish National Board of Health and Welfare, financial assistance increased by 9 per cent during quarters compared with 2009 (excluding payments to refugees). In what way the number of SSA cases filed with the administrative courts will develop over the next few years is probably very much dependent on the state of the economy and its effect on unemployment. The unemployment trend is historically one of the factors in a recession that usually takes the longest to recover THE COURTS OF SWEDEN BUDGET DOCUMENTS

20 from compared with, for example, changes in interest rates, inflation, GDP etc. The most recent forecast from the Employment Agency, issued in 2010, indicates that the situation on the labour market will be brighter in 2011 and Employment is expected to increase by 65,000 persons during 2011 and by 35,000 persons during Unemployment is expected to fall from 8.4 per cent in 2010 to 7.5 per cent in In the Government's budget bill, the forecast is that unemployment will continue to fall to around 6 per cent in 2014 and employment is expected to increase by 220,000 persons through to Despite more jobs and a fall in unemployment, the Employment Agency will be facing major challenges in the years to come. The Employment Agency itself states that a large number of unemployed people will have difficulty finding a job despite the increased demand for labour. This is particularly the case for persons born abroad and persons with a low level of education. Furthermore, there are major groups of young people who are entering, or who have already entered, the labour market and within this category the level of unemployment remains high. In addition, there are those who are leaving the sickness insurance system. If these people fail to find work, do not return to the sickness insurance scheme or fail to find some other source of payment, financial support could be a last resort. A further factor behind the increase in financial support and thus a potential basis for an increase in the number of SSA cases filed, the fall in membership of the unemployment benefit fund following the sharp rise in contributions in The number of people who are outside the unemployment benefit fund has increased markedly in recent years and many of those who are outside the system are young people, people without any financial assets and low income earners. On the whole, the assessment of the SNCA is that the financial recovery ought to lead to a reduction in or at least a stagnation in the number of SSA cases being filed with the Administrative Courts around the country. At the same time, there are many uncertainty factors that have been highlighted in the form of development in the economy and the ability of people to break into the labour market. The forecasts for the Administrative Court of Appeal and the Supreme Administrative Court of Appeal are based on the same rate of change as for the Administrative Courts. The development of the number of SSA cases. The figures for are forecasts Administrative Courts 21,467 21,634 23,949 24,138 23,500 23,000 22,000 22,000 1% 11% 1% -3% -2% -4% 0% Administrative Courts of Appeal 2,196 2,239 2,136 1,935 1,900 1,860 1,780 1,780 2% -5% -9% -2% -2% -4% -7% Supreme Administrative Court % -16% -5% -1% -2% -4% 0% Number of SSA cases filed with the County Administrative Courts and the forecast for THE COURTS OF SWEDEN BUDGET DOCUMENTS