Appeals are usually dealt with at a hearing. Sometimes there will not be a hearing, if:
- the judge thinks that the documents are so clear that there is no need for a hearing, and everyone who is affected by the appeal says that they do not want a hearing
- the judge chooses to hear the appeal in a simplified procedure
Simplified procedure
The judge can decide to deal with the case without a hearing, for example because:
- the administrative court clearly does not have the right competence
- the documents are very clear (obviously either well-founded or not well-founded)
- the notice of appeal was submitted too late (clearly inadmissible)
Invitation or summons to the hearing
Everyone who is affected by the appeal will be invited or summoned to the hearing. The invitation or summons will say when (date) and where (location) the hearing will be. The hearing often happens within 3 months after you submit your notice of appeal.
Present at the hearing
If you get a summons, you must go to the hearing. If you get an invitation, you do not have to go. If you go to the hearing, you will have the chance to explain your point of view. You can also answer the judge’s questions. The administrative body and other people who are affected by the appeal can do this too.
Will the hearing be public?
Most administrative hearings are open to the public. In some cases, the judge can decide that some or all of the hearing will be held behind closed doors. Tax cases are not open to the public, but the tax penalty procedure is usually public, even if it is part of a bigger tax case.
Witness
If you want to call a witness, you must do that at least 1 week before the hearing by writing to the judge.
Interim decision
The judge can make an interim decision if there is something wrong with the original decision, for example if the decision was not made as carefully as it should have been. The administrative body has a specific amount of time to solve the problem with the decision. The judge then decides whether the administrative body has followed the instructions in the interim decision, and he or she makes a decision.
Mediation in addition to legal proceedings
A legal procedure focuses on the legal aspects of a conflict. In mediation, you work with the other people who are involved in the conflict to find a solution to all aspects of the conflict. The judge will check to see if mediation is a good idea in your case. You can also say that you want mediation. >More information about mediation in addition to legal proceedings