What happens if a state body in Sweden takes a decision against you that adversely affects your interests, and you have to hire legal services to defend yourself in the courts against the state body? You will incur legal costs. If you win, you do not necessarily get your legal costs covered by the state. Incredible, but true. The loser pays principle does not apply.
Is that a breach of the right to a fair trial as enshrined within Article 6 of the European Convention on Human Rights (ECHR)?
In July 2024 in Case 11925-24 (Mål nr FT 11925-24), Krzysztof Janiak v the State, before the Stockholm District Court (Stockholm tingsrätt), the state agency charged with representing the state in legal proceedings, the Chancellor of Justice (Justitiekanslern) appears to be trying to avoid a decision of the courts on this question, given its willingness to settle a case by agreeing to pay legal costs on a case-by-case basis.
But only after Janiak took his own proceedings against the state for the legal costs he incurred to defend himself. As initially approaching the state, they initially declined to do so.
As chronicled by the Centre for Justice (Centrum för rättvisa), Janiak had been wrongly decided against by the Swedish Tax Authority (Skatteverket), and a court of appeal ruled in his favour.
In a letter received at the Stockholm District Court in the case at hand, which the Chancellor of Justice has published, it is likely that the case that Janiak against the state will now be struck out. Though, as evidenced, the practice that Sweden has may continue to be in breach of the ECHR. Thus, changes to national law on this issue will likely have to be forthcoming.
More on the Janiak case can be read here.