About the judicial system
The judicial system
The courts are those state institutions that exercise judicial power and form the judicial system in Iceland. Judicial power includes interpreting the law and applying that interpretation to resolve disputes and determine guilt or innocence.
The legal system
The judicial system is a large part of the legal system in Iceland. Another large part is the public prosecution, which is in the hands of the public prosecutor and district prosecutor, among others. Prosecution and the courts are completely separate.
A three-tier system
Iceland has a three-tier court system: district courts, the Court of Appeal and the Supreme Court.
In addition are the Court of Restitution, which decides whether to reopen a case, and the Labour Court, which resolves disputes in the labour market.
Judicial independence
Each court level is independent. This means that each case is reevaluated at each court level.
The third pillar of power
The judiciary is the third pillar of Iceland’s tripartite government system. The other two are the legislative and executive powers.
Involvement of individuals in the judicial system
Dispute. When the plaintiff brings a civil case. The parties to the case, the plaintiff or the defendant, subsequently resolve the dispute before the courts. Individuals can also be involved in civil cases as witnesses.
The plaintiff is the person who initiates the case and pursues claims
The defendant is the person against whom the case and claim are directed and who takes the defence
These parties can be individuals, companies, associations or public institutions
The law is broken. If a crime occurs, or there is a suspicion of crime, a person can enter criminal proceedings as a victim, defendant or witness.
Something unexpected happens/Other cases. Bankruptcy, etc.
Court cases
All court cases are first heard by the district courts. Cases before a district court can be of various types.
The Court of Appeal and the Supreme Court will only hear cases that have been appealed, either civil or criminal cases.
Location
Individuals are prosecuted in the district court of the district in which they are domiciled or where the crime was committed. In the case of companies, location depends on where the company has its place of business.
Court hearings and the main proceedings
Court proceedings are described in terms that are rarely used by the public in everyday speech.
Trial
A trial is when proceedings are held in a courtroom at a predetermined time.
Court session book – a report on the session
During a rial a report is written to describe the proceedings, i.e. where and when a hearing is held, the name of the judge(s), the evidence presented, who attends and what has been decided on the running of the case.
This report is called the court session book. Lawyers and parties to the case can obtain a copy of the court session book either right after the end of the hearing or have it sent when convenient.
Judges
It varies how many judges there are. Judges have assistants.
The duration of a case
It varies and depends on the size and scope of the case. It can take anywhere from a few weeks or months to a year or longer in some cases.
Cost
Civil cases
It costs money to take a civil case to court. The cost of each case depends on its size and scope. The person who brings the case must pay:
Initial court fee
Cost of obtaining evidence
Most people choose to use the services of lawyers, who work according to their own tariff
The one who loses a case is usually required to pay the legal costs of his or her counterparty.
The Treasury pays for costs
In certain types of cases, the fees of the plaintiff’s lawyer are paid by the state treasury as well as other costs incurred. These are for example, legal competence cases concerning autonomy and financial competence and paternity cases where the plaintiff is a child.
Other cases include the cost of expert reports such as psychological evaluations or genetic research, such as DNA testing. The judge then decides the lawyer's fee.
Criminal cases
Criminal cases are public. If the district prosecutor decides to charge for the offence.
See the website of the Director of Public Prosecutions
Legal aid
An individual who fulfils certain conditions can apply for legal aid. Legal aid means that the legal costs are paid partly or in full by the state treasury. The case needs to be of such nature that it is fair to pay legal costs from public funds and the subject matter needs to be sufficiently clear and the lawsuit necessary and timely.
Examples of conditions are, if you are under certain income limits, if it is considered urgent to take legal action and if the outcome of the case is believed to be of great public interest.
See more on legal aid
Service provider
The Courts