Sweden - 2012
Is class action or actio popularis possible? (court claims or action in the name of a group)
- Code:
- RED15
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, class action is possible according to the Group Proceedings Act entered into force on January 1, 2003. There is no possibility for actio popularis in the Swedish national law allowing associations to act in the public interest on their own behalf, without a specific victim to support or represent. |
| Qualitative Info |
In the Antidiscrimination Act (2008:567), non-profit organisations have the legal standing to litigate discrimination cases. The preconditions for this right are stipulated in Chapter 6 Section 2 of the Discrimination Act, which states that non-profit organisations whose statutes include the right to protect the interests of its members and the right to bring actions in their own name as a party to the litigation can represent victims in Court. The association must have the consent of the individual and be suited to represent the individual in the case, taking account of its activities and its interest in the matter, its financial ability to bring an action and other circumstances. Their right to so represent a victim is secondary to that of a trade union in the employment field. Antidiscrimination Act (2008:567), http://www.notisum.se/rnp/sls/fakta/a0080567.htm (accessed 2012-03-10). |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Anti-discrimination |
| External Url | http://www.notisum.se/rnp/sls/fakta/a0080567.htm |
| Situation(s) |
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| Library |
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