Fonte: http://www.uni-wuerzburg.de/law/sw00000_.html
Sweden - Constitution
{ Adopted on: 1 Jan 1975 }
{ ICL Document Status: 1989 }
Chapter 1 Basic Principles
Article 1
(1) All public power in Sweden proceeds from the people.
(2) Swedish democracy is founded on freedom of opinion and on universal
and equal
suffrage. It shall be realized through a representative and parliamentary
polity
and through local self-government.
(3) Public power shall be exercised under the law.
Article 2
(1) Public power shall be exercised with respect for the equal worth of
all and for
the freedom and dignity of the individual.
(2) The personal, economic and cultural welfare of the individual shall
be
fundamental aims of public activity. In particular, it shall be incumbent
upon the
public administration to secure the right to work, housing and education,
and to
promote social care and social security and a good living environment.
(3) The public administration shall promote the ideals of democracy as
guidelines in
all sectors of society. The public administration shall guarantee equal
rights to men
and women and protect the private and family lives of the individual.
(4) Opportunities should be promoted for ethnic, linguistic and religious
minorities to
preserve and develop a cultural and social life of their own.
Article 3
The Instrument of Government, the Act of Succession and the Freedom of
the Press
Act are the fundamental laws of the Realm.
Article 4
(1) The Parliament is the foremost representative of the people.
(2) The Parliament enacts the laws, determines taxes and decides how public
funds
shall be used. The Parliament shall examine the government and administration
of
the country.
Article 5
(1) The King or Queen who occupies the throne of Sweden in accordance with
the
Act of Succession shall be the Head of State.
(2) The provisions of this Instrument of Government which relate to the
King shall
relate also to the Queen if she is the Head of State.
Article 6
The Government rules the country. It is responsible to the Parliament.
Article 7
(1) There are primary and regional local government communes in Sweden.
The
decision-making power in the communes is exercised by elected assemblies.
(2) The communes may levy taxes in order to perform their tasks.
Article 8
Courts of law exist for the administration of justice, and central and
local
government administrative authorities exist for the public administration.
Article 9
Courts, public authorities and others performing functions within the public
administration shall observe in their work the equality of all persons
before the law
and shall maintain objectivity and impartiality.
Chapter 2 Fundamental Rights and Freedoms
Article 1
(1) All citizens shall be guaranteed the following in their relations with
the public
administration: 1) freedom of expression: the freedom to communicate
information and to express ideas, opinions and emotions, whether orally,
in writing,
in pictorial representations, or in any other way;
2) freedom of information: the freedom to obtain and receive information
and
otherwise acquaint oneself with the utterances of others;
3) freedom of assembly: the freedom to organize or attend any meeting for
information purposes or for the expression of opinions or for any other
similar
purpose or for the purpose of presenting artistic work;
4) freedom to demonstrate: the freedom to organize or take part in any
demonstration in a public place;
5) freedom of association: the freedom to unite with others for public
or private
purposes; and
6) freedom of worship: the freedom to practice one's own religion either
alone or
in company with others.
(2) In the case of the freedom of the press the provisions of the Freedom
of the
Press Act shall apply. That act also contains provisions concerning the
right of
access to public documents.
Article 2
All citizens shall be protected in their relations with the public administration
against
all coercion to divulge an opinion in any political, religious, cultural
or other similar
connection. They shall furthermore be protected in their relations with
the public
administration against all coercion to participate in any meeting for the
formation of
opinion or in any demonstration or other expression of opinion or to belong
to any
political association, religious congregation or other association for
opinions of the
nature referred to in the first sentence.
Article 3
(1) No record about a citizen in a public register may be based without
his consent
solely on his political opinions.
(2) Citizens shall be protected to the extent determined in detail by law
against any
infringement of their personal integrity resulting from the registration
of information
about them by means of electronic data processing.
Article 4
There shall be no capital punishment.
Article 5
All citizens shall be protected against corporal punishment. All citizens
shall
likewise be protected against torture or any medical influence or intervention
for the
purpose of extorting or suppressing statements.
Article 6
All citizens shall be protected in their relations with the public administration
against
any physical violation also in cases other than those referred to in Articles
4 and 5.
Citizens shall likewise be protected against physical search, house searches
or
other similar encroachments and against examination of mail or other confidential
correspondence and against eavesdropping, telephone-tapping or recording
of other
confidential communications.
Article 7
(1) No citizen may be deported or refused entry to Sweden.
(2) No citizen who is resident in Sweden or who has been resident in Sweden
may
be deprived of his citizenship unless he becomes at the same time a national
of
another state, at his express consent or because he has taken employment
in the
public service. It may however be prescribed that children under the age
of eighteen
shall have the same nationality as their parents or of one of their parents.
It may
furthermore be prescribed that, in pursuance of an agreement with a foreign
state, a
person who has been a national also of the other state from birth, and
who is
permanently resident there, shall forfeit his Swedish nationality at or
after the age of
eighteen.
Article 8
All citizens shall be protected against deprivation of liberty in their
relations with the
public administration. They shall also in other respects be guaranteed
freedom of
movement within the Realm and freedom to depart Sweden.
Article 9
(1) Where a public authority other than a court has deprived a citizen
of his liberty
for committing a criminal offence or because he is suspected of having
committed
such an offence, he shall be entitled to have the matter tested before
a court of law
without undue delay. This shall not, however, apply where the issue concerns
the
transference to Sweden of responsibility for executing a penal sanction
involving
deprivation of liberty which has been imposed in another state.
(2) If, for reasons other than those referred to in Paragraph (1), a citizen
has been
forcibly taken into custody, he shall likewise be entitled to have the
matter tested
before a court of law without undue delay. In such a case, examination
before a
tribunal shall be equated with examination before a court of law, provided
that the
composition of the tribunal is governed by rules of law and it is laid
down that the
chairman of the tribunal must be currently, or shall have been previously,
a
permanent judge.
(3) If an examination under Paragraphs (1) and (2) has not been referred
to an
authority which is competent according to the provisions laid down therein,
the
examination shall be carried out by a court of general jurisdiction.
Article 10
(1) No penalty or other penal sanction may be imposed in respect of an
act which
was not subject to any penal sanction at the time it was committed. Neither
may a
more severe penal sanction be imposed than that which was prescribed when
the
act was committed. The provisions thus laid down with respect to penal
sanctions
apply likewise with respect to confiscation or any other special legal
effects
attaching to criminal offenses.
(2) No State taxes, charges, or fees may be levied except insofar as they
were laid
down in provisions which were in force when the circumstance arose which
occasioned the liability for the tax, charge, or fee. Should the Parliament
find that
specific reasons so warrant, it may be provided under an Act of law that
State
taxes, charges, or fees shall be levied even although no such act had entered
into
force when the aforementioned circumstance occurred, provided that the
Government or a Committee of the Parliament had submitted a proposal to
this
effect to the Parliament at the time concerned. For the purposes of the
foregoing
provision, any written communication from the Government to the Parliament
announcing that a proposal of this nature will be forthcoming shall be
equated with a
formal proposal. The Parliament may furthermore prescribe that exceptions
shall be
made from the provisions of the first sentence if it considers that this
is warranted
by specific reasons connected with war, the danger of war, or severe economic
crisis.
Article 11
(1) No court may be set up to try an offence already committed, or for
a particular
dispute or otherwise for a particular case.
(2) Proceedings in the courts shall be open to the public.
Article 12
(1) The rights and freedoms referred to in Article 1 (0.1)-(0.5), in Articles
6, 8, and 11
(2) may be restricted by law to the extent provided for in Articles 13-16.
After
authorization in law, they may be restricted by statutory order in the
cases referred
to in Chapter 8, Article 7 (1.7), and in Chapter 8, Article 10. Freedom
of assembly
and the freedom to demonstrate may similarly be restricted also in the
cases
referred to in Article 14 (1), second sentence.
(2) The restrictions referred to in Paragraph (1) may be imposed only to
achieve a
purpose acceptable in a democratic society. The restriction may never exceed
what
is necessary having regard to the purpose which occasioned it, nor may
it be
carried so far as to constitute a threat to the free formation of opinion
as one of the
foundations of democracy. No restriction may be imposed solely on grounds
of
political, religious, cultural or other such opinions.
(3) Government bills of the nature referred to in Paragraph (1), or Government
bills
for the amendment or repeal of such legislation, shall, if not rejected
by the
Parliament, be held in suspense for a period of not less than twelve months
from the
date on which the first report of a Parliament Committee on the Bill was
submitted
to the Chamber of the Parliament, on a motion by no fewer than ten members.
The
above provision notwithstanding, the Parliament may approve the bill if
no fewer less
than five sixths of those voting concur.
(4) Paragraph (3) shall not apply to any bill prolonging the life of legislation
for a
period of up to two years. Nor shall the said paragraph apply to any bill
concerned
exclusively with
1) prohibition of the disclosure of matters of which a person may have
acquired
knowledge in the public service, or in the performance of official duties,
when
secrecy is called for having regard to interests under Chapter 2, Article
2 of the
Freedom of the Press Act;
2) house searches and similar intrusions; or
3) deprivation of liberty imposed as a penal sanction for a specific act
or omission.
(5) The Committee on the Constitution decides on behalf of the Parliament
whether
Paragraph (3) is applicable in respect of a specific bill.
Article 13
(1) Freedom of expression and freedom of information may be restricted
having
regard to the security of the Realm, the national supply, public safety
and order, the
integrity of the individual, the sanctity of private life, or the prevention
and
prosecution of crime. Freedom of expression may also be restricted in economic
activities. Freedom of expression and freedom of information may otherwise
be
restricted only where particularly important reasons so warrant.
(2) In judging what restrictions may be made by virtue of Paragraph (1)
particular
regard shall be paid to the importance of the widest possible freedom of
expression
and freedom of information in political, religious, professional, scientific
and cultural
matters.
(3) The issuing of rules and regulations which govern in detail a particular
manner of
disseminating or receiving information without regard to its content shall
not be
deemed to restrict freedom of expression or freedom of information.
Article 14
(1) Freedom of assembly and the freedom to demonstrate may be restricted
for the
purpose of preserving public safety and order at the meeting or demonstration,
or
having regard to the circulation of traffic. These freedoms may otherwise
be
restricted only out of regard for the security of the Realm or for the
purpose of
combating an epidemic.
(2) Freedom of association may be restricted only in respect of organizations
whose
activities are of a military nature or the like, or which involve the persecution
of a
population group of a particular race, skin color, or ethnic origin.
Article 15
No Act of law or other statutory instrument may entail the discrimination
of any
citizen because he belongs to a minority on grounds of race, skin color,
or ethnic
origin.
Article 16
No Act of law or other statutory instrument may entail the discrimination
of any
citizen on grounds of sex, unless the relevant provision forms part of
efforts to bring
about equality between men and women or relates to compulsory military
service or
any corresponding compulsory national service.
Article 17
Any trade union or employer or association of employers shall be entitled
to take
strike or lock-out action or any similar measure unless otherwise provided
by law or
arising out of an agreement.
Article 18 [Property, Expropriation]
Every citizen whose property is requisitioned by means of an expropriation
order
or by any other such disposition shall be guaranteed compensation for his
loss on
the bases laid down in law.
Article 19
Authors, artists and photographers shall own the rights to their works
in accordance
with provisions laid down in law.
Article 20
(1) A foreigner within the Realm shall be equated with a Swedish citizen
in respect
of
1) protection against all coercion to participate in any meeting for the
formation of
opinion or in any demonstration or other expression of opinion, or to belong
to any
religious congregation or other association (Article 2, second sentence);
2)
protection of personal integrity in connection with electronic data processing
(Article
3 (2)); 3) protection against capital punishment, corporal punishment and
torture and
against medical intervention aimed at extorting or preventing statements;
4) the right to have any deprivation of liberty on account of a criminal
offence or on
grounds of suspicion of having committed such an offence tested before
a court of
law (Article 9 (1) and (3)); 5) protection against retroactive penal sanctions
and other
retroactive effects of criminal acts and against retroactive taxes, charges
or fees
(Article 10); 6) protection against the establishment of a court to try
a particular
case (Article 11 (1)); 7) protection against discrimination on grounds
of race, skin
color, ethnic origin, or sex (Articles 15 and 16); 8) the right to take
strike or lock-out
action (Article 17); and
9) the right to compensation in cases of expropriation or other such disposition
(Article 18).
(2) Unless otherwise provided by special rules of law, a foreigner within
the Realm
shall be equated with a Swedish citizen also in respect of
1) freedom of expression, freedom of information, freedom of assembly,
freedom to
demonstrate, freedom of association, and freedom of worship (Article 1);
2)
protection against all coercion to divulge an opinion (Article 2, first
sentence); 3)
protection against physical violations also in cases other than those referred
to in
Articles 4 and 5, against physical search, house searches, or other similar
intrusions, and against violations of confidential communications (Article
6); 4)
protection against deprivation of liberty (Article 8, first sentence);
5) the right to have
any deprivation of liberty for reasons other than a criminal offence or
suspicion of
having committed such an offence tested before a court (Article 9 (2) and
(3)); 6)
public court proceedings (Article 11 (2)); 7) protection against violations
on grounds
of opinion (Article 12 (2), third sentence); and 8) the rights of authors,
artists, and
photographers to their works.
(3) With respect to the special provisions referred to in Paragraph (2),
the provisions
of Article 12 (3), (4), first sentence, and (5) shall apply.
Chapter 3 The Parliament
Article 1
(1) The Parliament is appointed by free, secret and direct elections.
(2) The Parliament consists of one chamber comprising three hundred and
forty-nine
members. Alternates shall be appointed for all members.
Article 2
(1) Every Swedish citizen residing in Sweden is entitled to vote in Parliament
elections. Provisions are laid down in law regarding the voting rights
of Swedish
citizens who are not resident in Sweden. No one who has not attained the
age of 18
years on or before election day is entitled to vote.
(2) Any question of whether a right to vote exists under Paragraph (1)
shall be
determined on the basis of a voters' roll drawn up before the election.
Article 3
Ordinary elections for the Parliament shall be held every third year.
Article 4
(1) The Government may order an extra election to be held between ordinary
elections. Extra elections shall be held within three months of the issue
of such an
order.
(2) After an election for the Parliament has been held, the Government
is debarred
from issuing an order for an extra election until three months have elapsed
from the
first meeting of the newly-elected Parliament. Nor may the Government issue
an
order for an extra election while ministers retain their posts, after having
all been
formally discharged, pending the assumption of office by a new Government.
(3) Provisions concerning an extra election in a particular case are set
forth in
Chapter 6, Article 3.
Article 5
(1) A newly-elected Parliament assembles on the fifteenth day after election
day but
no sooner than the fourth day after the result of the election has been
declared.
(2) Each election is valid for the period running from the day on which
the
newly-elected Parliament convenes until the Parliament elected next - thereafter
convenes. This period is the electoral period of the Parliament.
Article 6
(1) Sweden is divided into constituencies for the purpose of elections
to the
Parliament.
(2) The Parliament is made up of three hundred and ten permanent constituency
seats and thirty-nine adjustment seats.
(3) The permanent constituency seats are distributed among the constituencies
on
the basis of a calculation of the relationship between the number of those
entitled to
vote in each constituency and the total number of persons entitled to vote
in the
entire country. This distribution between constituencies is fixed for three
years at a
time.
Article 7
(1) The seats are distributed between parties. Party is understood to mean
any
association or group of voters which appears in an election under a specific
designation.
(2) Only a party which receives at least four per cent of the votes cast
throughout
the whole of the country is entitled to share in the distribution of seats
.A party
which receives fewer votes however participates in the distribution of
the permanent
constituency seats in any constituency where it receives at least twelve
per cent of
the votes cast.
Article 8
(1) The permanent constituency seats in each constituency are distributed
proportionately between the parties on the basis of the result of the election
in that
constituency.
(2) The adjustment seats are distributed between the parties in such a
way that the
distribution of all the seats in the Parliament, other than those permanent
constituency seats which have been allocated to a party with less than
four per cent
of the votes cast, is proportionate to the total number of votes cast respectively
for
the participating parties in the whole of the country. If, in the distribution
of the
permanent constituency seats, a party obtains more seats than correspond
to the
proportional representation for that party in the Parliament, then that
party and the
permanent constituency seats which it has obtained shall be disregarded
in the
distribution of the adjustment seats. After the adjustment seats have been
distributed between the parties, they are allocated to constituencies.
(3) The odd number method is used to distribute the seats between parties,
with the
first divisor adjusted to 1.4.
Article 9
One member and one or more alternates for that member shall be appointed
for
each seat a party obtains.
Article 10
Only a person who is qualified to vote can be a member of the Parliament
or an
alternate member of the Parliament.
Article 11
(1) Appeals against elections for the Parliament may be lodged with an
Election
Review Committee appointed by the Parliament. A person who has been elected
a
member of the Parliament shall exercise his function regardless of any
such appeal.
If the result of the election is revised, a new member takes his seat as
soon as the
revised result has been announced. The foregoing applies equally to alternates.
(2) The Election Review Committee comprises a chairman, who must be currently,
or have been previously, a permanent judge and who must not be a member
of the
Parliament, and six other members. The members are elected after each ordinary
election, as soon as the result of the election becomes final, and serve
until new
elections for the Committee have been held. There is no right of appeal
against a
decision of the Committee.
Article 12
Further provisions regarding matters under Articles 2 to 11 and regarding
the
appointment of alternates for the members of the Parliament shall be laid
down in
the Parliament Act or other statute law.
Chapter 4 The Business of the Parliament
Article 1
The Parliament shall convene in session every year. Sessions shall be held
in
Stockholm, unless otherwise decided by the Parliament, or by the Speaker,
having
regard to the safety or liberty of Parliament.
Article 2
The Parliament shall designate a Speaker and a First, Second, and Third
Deputy
Speaker from among its members for each electoral period.
Article 3
(1) The Government and every member of the Parliament is entitled, in accordance
with more detailed provisions in the Parliament Act, to introduce proposals
on
any matter which comes within the jurisdiction of the Parliament unless
otherwise
provided in the present Instrument of Government.
(2) The Parliament elects committees from among its members, in accordance
with
provisions laid down in the Parliament Act; among them a Committee on the
Constitution, a Committee on Finance and a Committee on Taxation. Any matter
raised by the Government or by a member of the Parliament shall be considered
by
a committee before being finally decided upon, unless otherwise provided
in the
present Instrument of Government.
Article 4
When a matter is raised for decision in the Chamber, each member of the
Parliament and each member of the Government is entitled to state his opinion
in
accordance with the more detailed provisions laid down in the Parliament
Act.
Provisions concerning grounds for disqualification are contained in the
Parliament
Act.
Article 5
When a vote is taken in the Parliament, the opinion in which more than
half of those
present and voting concur shall constitute the decision of the Parliament,
unless
otherwise specifically provided in the present Instrument of Government
or, in the
case of matters relating to Parliament procedure, in a main provision of
the
Parliament Act. Provisions regarding the procedure to be followed in the
case of a
tied vote are laid down in the Parliament Act.
Article 6
Any member of the Parliament and any alternate for such a member may fulfil
his
mandate as a member notwithstanding any official duty or other similar
obligation
which may be incumbent upon him.
Article 7
(1) No member of the Parliament or alternate for such a member may resign
his
mandate without the Parliament's consent.
(2) When grounds exist, the Election Review Committee shall examine on
its own
initiative whether a particular member or alternate is competent under
the provisions
of Chapter 3, Article 10. Any person declared incompetent is relieved of
his mandate
thereby.
(3) A member or alternate member may be relieved of his mandate in cases
other
than those referred to in Paragraph (2) only if, by reason of a criminal
act, he has
proved himself manifestly unfit for the position. Any decision to this
effect shall be
taken by a court of law.
Article 8
(1) No one may bring an action against any person who holds a mandate,
or has
held a mandate, as a member of the Parliament, deprive him of his liberty,
or
prevent him from travelling within the country, on account of his actions
or
statements in the fulfillment of his mandate, unless the Parliament has
given its
consent by means of a decision in which no fewer than five sixths of those
present
and voting have concurred.
(2) If, in any other case, a member of the Parliament is suspected of having
committed a criminal act, the relevant provisions of law relating to arrest,
detention
or remand are applicable only if he admits guilt or was caught in the act,
or if the
minimum penalty for the crime is not less than two years' imprisonment
Article 9
(1) While a member of the Parliament is acting as Speaker of the Parliament
or is a
member of the Government, his mandate as a member of the Parliament shall
be
exercised by an alternate member. The Parliament may prescribe in the Parliament
Act that an alternate member shall replace a member of the Parliament while
the
latter is on leave of absence.
(2) The provisions of this chapter, Article 6 and 8 (1) regarding protection
with
respect to the exercise of a mandate as a member of the Parliament apply
in like
manner to the Speaker and his mandate.
(3) The provisions relating to a member of the Parliament shall apply also
to an
alternate exercising a mandate as member.
Article 10
Additional provisions concerning the business of the Parliament are laid
down in the
Parliament Act.
Chapter 5 The Head of State
Article 1
The Head of State shall be kept informed by the Prime Minister concerning
the
affairs of the Realm. When so required the Government shall convene in
a special
Cabinet meeting under the presidency of the Head of State.
Article 2
(1) Only a person who is a Swedish citizen and has attained the age of
twenty-five
years may serve as Head of State. The Head of State may not at the same
time be
a member of the Government or hold a mandate as Speaker or as a member
of the
Parliament.
(2) The Head of State shall consult the Prime Minister before travelling
abroad.
Article 3
If by reason of illness, foreign travel, or any other cause the King is
prevented from
carrying out his duties, then that member of the Royal Family under the
valid order
of succession who is not prevented therefrom shall take over and perform
the duties
of the Head of State in the capacity of temporary Regent.
Article 4
(1) Should the Royal Family become extinct, the Parliament shall appoint
a Regent
to perform the duties of Head of State until further notice. The Parliament
shall at
the same time appoint a Deputy Regent.
(2) The same applies if the King dies or abdicates and the heir to the
throne has not
yet attained the age of twenty-five years.
Article 5
If the King has been continuously prevented for a period of six months
from carrying
out his duties, or has failed to carry them out, the Government shall notify
the
matter to the Parliament. The Parliament shall decide whether the King
shall be
deemed to have abdicated.
Article 6
(1) The Parliament may appoint someone, on the Government's recommendation,
to
serve as Temporary Regent when no one competent under Article 3 or 4 is
in a
position to serve.
(2) The Speaker, or, if he is prevented from attending, one of the Deputy
Speakers,
shall serve as Temporary Regent, on the Government's recommendation, when
no
other competent person is in a position to serve.
Article 7
The King cannot be prosecuted for his act or omissions. A Regent cannot
be
prosecuted for his act or omissions as Head of State.
Chapter 6 The Government
Article 1
The Government comprises the Prime Minister and other members of the
Cabinet.The Prime Minister is appointed in the manner prescribed in Articles
2 to 4.
The Prime Minister appoints the other members of the Cabinet.
Article 2
(1) When a Prime Minister is to be appointed, the Speaker shall summon
for
consultation one or more representatives from each party group in the Parliament.
The Speaker shall confer with the Deputy Speakers and shall then submit
a
proposal to the Parliament.
(2) The Parliament shall proceed to vote on the proposal, no later than
the fourth day
thereafter, without preparation in committee. If more than half the members
of the
Parliament vote against the proposal, it is rejected. In all other circumstances
it is
approved.
Article 3
If the Parliament rejects the Speaker's proposal the procedure laid down
in Article 2
shall be resumed. If the Parliament rejects the Speaker's proposal four
times in
succession, the procedure for appointing a Prime Minister is discontinued
and
resumed only after an election for the Parliament has been held. Unless
ordinary
elections must in any case be held within three months, an extra election
shall be
held within that same period.
Article 4
When the Parliament has approved a new Prime Minister, he shall inform
the
Parliament as soon as possible of the names of the members of his Government.
Government changes hands thereafter at a special session of the Cabinet
before the
Head of State or, if he is prevented from being present, before the Speaker.
The
Speaker shall always be summoned to such a session.
The Speaker issues letters of appointment for the Prime Minister on behalf
of the
Parliament.
Article 5
If the Parliament declares that the Prime Minister or any other Minister
no longer
enjoys its confidence, the Speaker shall discharge the Minister concerned.
When
the Government is in a position to order an extra election, however, no
decision
shall be made to discharge the Minister if the Government issues an order
for an
extra election within one week from the declaration of no confidence.
Article 6
A Minister shall be discharged if he so requests, the Prime Minister by
the Speaker.
and any other member of the Government by the Prime Minister. The Prime
Minister
may also in other circumstances discharge another member of the Government.
Article 7
If the Prime Minister resigns or dies, the Speaker shall discharge the
other
members of the Government.
Article 8
If all the members of the Government have been discharged, they shall retain
their
posts until a new Government has taken office. If any Minister other than
the Prime
Minister has been discharged at his own request, he shall retain his post
until a
successor has taken office, if the Prime Minister so requests.
Article 9
(1) Only a person who has been a Swedish citizen for not less than ten
years may
be a Minister.
(2) A Minister may not undertake any public or private employment, nor
may he
undertake any commission or perform any function which is liable to impair
public
confidence in him.
Article 10
In the absence of the Speaker, a Deputy Speaker shall assume the duties
incumbent upon the Speaker under the present chapter.
Chapter 7 The Business of the Government
Article 1
A Government Chancery shall exist for the preparation of Government business.
This Chancery shall comprise ministries for different fields of activity.
The
Government distributes business between the ministries. The Prime Minister
appoints the heads of the respective ministries from among the Ministers.
Article 2
In the preparation of Government business the necessary information and
opinions
shall be obtained from the authorities concerned. Associations and private
individuals shall be given an opportunity to express their views where
necessary.
Article 3
Decisions concerning Government business shall be taken at Cabinet meetings.
Government business relating to the implementation of statutory instruments
or
special Government decisions within the armed forces may however be approved
by
the head of the ministry responsible for such matters, under the supervision
of the
Prime Minister and to the extent laid down in law.
Article 4
The Prime Minister shall summon the other Ministers to attend Cabinet meetings
and shall preside at such meetings. At least five Ministers shall be present
at a
Cabinet meeting.
Article 5
At Cabinet meetings the head of a ministry presents business falling within
the
purview of his ministry. The Prime Minister may, however, order an item
or group of
items belonging to a particular ministry to be presented by a Minister
other than the
head of the ministry concerned.
Article 6
Minutes shall be kept of Cabinet meetings. Dissenting opinions are to be
recorded
in the minutes.
Article 7
Laws and other statutes, Bills for submission to the Parliament, and any
other
despatches of Cabinet decisions must be signed by the Prime Minister or
another
Minister on behalf of the Government in order to be valid. The Government
may,
however, decree that in particular cases an official may sign a Government
despatch.
Article 8
The Prime Minister may nominate one of the other Ministers to deputize
for him in
the event that he is unavoidably prevented from carrying out his duties
himself. If a
deputy has not been nominated by the Prime Minister, or if the deputy is
also
prevented from carrying out the duties of Prime Minister, these duties
shall be
assumed by that Minister among those in office who has been a member of
the
Government longest. Where two or more Ministers have been members of the
Government for the same length of time the oldest shall have precedence.
Chapter 8 Laws and Other Regulations
Article 1
It follows from the provisions of Chapter 2 concerning Fundamental Rights
and
Freedoms that rules and regulations with a particular content may not be
issued or
may be issued only by means of an Act of law and that in certain cases
draft
legislation shall be dealt with in a particular way.
Article 2
(1) Provisions relating to the personal status of private subjects or to
their mutual
personal and economic relations shall be laid down by law.
(2) These provisions include inter alia:
1) provisions concerning Swedish citizenship;
2) provisions concerning the right to a family name, or concerning marriage
and
parenthood, wills and inheritance, or family affairs in general; and
3) provisions concerning the right to fixed and movable property, concerning
contracts, and concerning companies, associations, communities and foundations.
Article 3
(1) Provisions concerning the relations between private subjects and the
public
administration which relate to obligations incumbent upon private subjects
or which
otherwise interfere in the personal or economic affairs of private subjects
shall be
laid down by law.
(2) These provisions include inter alia provisions concerning criminal
acts and the
legal consequences of such acts, provisions concerning taxes payable to
the State,
and provisions concerning requisitions and other such dispositions.
Article 4
Provisions concerning consultative referenda throughout the whole of the
country
and concerning the procedure for holding referenda on matters concerning
the
fundamental laws shall be laid down by an Act of law.
Article 5
Principles governing changes in the division of the country into local
government
communes, and governing the organization and working methods of the communes
and local taxation shall be laid down by law. Provisions governing the
powers and
responsibilities of the communes in other respects shall likewise be laid
down by
law.
Article 6
(1) When the Parliament is not in session, the Finance and Taxation Committees
may. when authorized by a law relating to taxes other than taxes on income,
wealth, inheritance or gifts, and at the proposal of the Government, determine
tax
levels or bring into force or abolish taxes referred to in such a law.
Such authority
may include the right to distinguish between different kinds of activities
and different
parts of the Realm. The Finance and Taxation Committees shall exercise
their
decision-making right in joint session. Any decision shall be made on behalf
of the
Parliament by law.
(2) Any law approved by the Finance and Taxation Committees under Paragraph
(1)
shall be submitted by the Government to the Parliament within one month
of the
start of the next Parliament session. The Parliament shall examine the
law and
make its decision within one month thereafter.
Article 7
(1) Notwithstanding the provisions of Articles 3 and 5, the Government
may, upon
authorization by law, issue regulations by statutory instrument concerning
matters
other than taxes, provided that such regulations relate to any of the following
matters:
1) the protection of life, health, or personal safety;
2) the residence or sojourn in Sweden of foreign nationals;
3) the import or export of goods, money or any other assets, manufacture,
transport
and communications, the granting of credits, business activities, rationing,
or the
design of buildings, plants, or human settlements;
4) game-shooting, fishing, animal protection, or the conservation of nature
and the
environment;
5) the circulation of traffic or public order;
6) education and vocational training;
7) prohibitions against the disclosure of matters of which a person has
acquired
knowledge in the public service or while performing compulsory national
service.
(2) Authority of the nature referred to in Paragraph (1) does not confer
the right to
issue provisions regarding legal effects of criminal acts other than the
imposition of
fines. The Parliament may also prescribe, in a law which contains an authorization
under Paragraph (1), legal effects other than the imposition of fines for
contraventions of provisions laid down by the Government by virtue of such
authority.
Article 8
The provisions of Articles 2, 3, or 5 notwithstanding, the Government may,
upon
authorization by law, issue regulations by statutory order regarding the
granting of
respites for meeting obligations.
Article 9
(1) The provisions of Article 3 notwithstanding, the Government may, upon
authorization by law, issue regulations by statutory order concerning customs
duties on the importation of goods.
(2) Upon authorization by the Parliament, the Government or any local government
commune may issue regulations concerning charges or fees which shall otherwise
be issued by the Parliament under Article 3.
Article 10
In any matter referred to in Article 7 (1) or 9, the Government may, upon
authorization by law, prescribe by statutory order that one or more provisions
of
such a law shall come into force or cease to apply.
Article 11
Where under the present chapter the Parliament authorizes the Government
to
issue regulations in a particular matter, the Parliament may authorize
the
Government in such a context to delegate the power to issue regulations
in the
matter to an administrative authority or commune. In such a case the Parliament
may also commission an administrative authority under the Parliament to
issue
such regulations.
Article 12
Regulations issued by the Government by virtue of an authorization under
the
present Instrument of Government shall be submitted to the Parliament for
examination and approval if the Parliament so decides.
Article 13
(1) In addition to what follows from Articles 7 to 10 the Government may
issue by
statutory order
1) regulations concerning the enforcement of laws; and
2) regulations which under the fundamental laws are not to be issued by
the
Parliament.
(2) The Government may not by virtue of Paragraph (1) issue any regulations
which
concern the Parliament or its agencies. Nor may the Government by virtue
of
Paragraph (1.2) issue regulations which concern local taxation.
(3) The Government may delegate to a subordinate authority the task of
issuing
regulations in the relevant matter by means of a statutory order under
Paragraph (1).
Article 14
The power conferred on the Government to issue regulations in a particular
matter
shall not prevent the Parliament from issuing regulations in the same matter
by way
of law.
Article 15
(1) A fundamental law shall be adopted by means of two decisions of identical
wording. The second decision may not be taken until elections for the Parliament
have been held throughout the country following the first decision, and
the
newly-elected Parliament has been convened. Not less than nine months shall
furthermore elapse between the time when the matter was first submitted
to the
Chamber of the Parliament and the time of the election, unless the Constitutional
Committee of the Parliament grants an exemption from this provision by
means of a
decision taken not later than the Committee stage, and in which no fewer
than five
sixths of the members concur.
(2) The Parliament may not adopt as a decision in suspense any Bill on
a
fundamental law which conflicts with any other draft legislation of the
same nature
which is held in suspense, unless the Parliament at the same time rejects
the Bill it
first adopted.
(3) A referendum shall be held on a decision held in suspense for an amendment
of
a fundamental law on a motion to this effect by no fewer than one tenth
of the
members of the Parliament, provided that no fewer than one third of the
members
vote in favor of the motion. Such a motion must be made within fifteen
days from the
date on which the Parliament adopted the Bill held in suspense. Such a
motion
shall not go for consideration by any Committee of the Parliament.
(4) The referendum shall be held simultaneously with the election for the
Parliament
referred to in Paragraph (1). All those entitled to vote in the election
may declare in
the referendum whether or not they accept the Bill on the fundamental law
which is
pending decision. The Bill shall be deemed to be rejected, if the majority
of those
taking part in the referendum vote against the proposal, and if the number
of voters
exceeds half the number of those who registered valid votes in the election.
In all
other cases the Parliament shall take up the Bill for final consideration.
Article 16
The Parliament Act shall be adopted as prescribed in Article 15 (1), first
and second
sentences, and (2). It may also be adopted by means of a single decision,
provided
that it is approved by no fewer than three fourths of those present and
voting and by
more than half the members of the Parliament. Supplementary provisions
of the
Parliament Act shall however be adopted in the same way as ordinary laws.
Article 17
No law shall be amended or repealed otherwise than by law. Articles 15
and 16
apply mutatis mutandis with respect to any amendment or abrogation of a
fundamental law.
Article 18
(1) A Law Council composed of Justices of the Supreme Court and of Justices
of
the Supreme Administrative Court shall exist to pronounce on draft legislation.
The
opinion of the Law Council shall be solicited by the Government or, under
provisions
of the Parliament Act, by a Committee of the Parliament.
(2) The opinion of the Law Council shall be solicited before the Parliament
takes a
decision on a fundamental law concerning the freedom of the press; on any
Act of
law limiting the right of access to public documents; on any Act of law
under Article
3 (2), 12 (1), 17, 19, or 20 (2), or on any Act of law amending or repealing
such an
Act; on any Act of law on local government taxation; on any Act of law
under
Articles 2 or 3; and on any Act of law under Chapter 11, if such an Act
is important
to private subjects or is important from the point of view of public interest.
The
foregoing provision shall not however apply, if obtaining an opinion from
the Law
Council would be without significance because of the nature of the matter,
or would
delay the handling of legislation in such a way as to cause serious detriment.
If the
Government submits draft legislation to the Parliament for the making of
an Act of
law in any matter referred to in the first sentence, and the opinion of
the Law Council
has not previously been obtained, the Government shall at the same time
present
its reasons therefor to the Parliament. Failure to obtain the opinion of
the Law
Council on draft legislation shall never prevent the application of the
law.
(3) The Law Council's scrutiny shall relate to
1) the way in which the proposal relates to the fundamental laws and to
the legal
system in general;
2) the way in which the different provisions contained in the proposal
relate to each
other;
3) the way in which the proposal relates to the requirement for security
before the
law;
4) whether the proposal is framed in such a manner that the resulting law
can be
assumed to satisfy the above requirements; and
5) what problems are likely to arise in applying the law.
(4) Further provisions concerning the composition and working methods of
the Law
Council shall be set forth by law.
Article 19
Any Act of law which has been adopted shall be promulgated by the Government
without delay. An Act containing provisions concerning the Parliament or
its
agencies which shall not be laid down in a fundamental law or in the Parliament
Act
may, however, be promulgated by the Parliament.
Laws shall be published as soon as possible. This applies equally to statutory
instruments, unless otherwise laid down in law.
Chapter 9 Financial Power
Article 1
Provisions concerning the right to approve taxes and charges or fees due
the State
are set out in Chapter 8.
Article 2
(1) State funds may not be used in any way other than that determined by
the
Parliament.
(2) The Parliament approves the use of such funds for different purposes
by adopting
a budget in accordance with Articles 3 to 5. The Parliament may, however,
decide that funds are to be employed in another manner.
Article 3
(1) The Parliament shall adopt a budget for the next following fiscal year
or, if
special reasons so warrant, for another budgetary period. In this context,
the
Parliament shall estimate revenue and make appropriations for specified
purposes.
Decisions taken in this connection shall be incorporated in a national
budget.
(2) The Parliament may decide that a particular appropriation within the
national
budget shall be made for a period other than the budget period.
(3) When adopting a budget under the present article, the Parliament shall
take into
account the need of funds for the defence of the Realm in time of war danger
of war,
or other exceptional circumstances.
Article 4
If the budget cannot be finally adopted in accordance with Article 3 before
the start
of the budget period, the Parliament, or, if the Parliament is not in session,
the
Finance Committee, shall decide as necessary on appropriations to cover
the period
until a budget is adopted for the budget period concerned.
Article 5
The Parliament may revise its estimates of revenue for the current fiscal
year, alter
appropriations already made, and make new appropriations in a supplementary
budget.
Article 6
The Government shall submit proposals for a national budget to the Parliament.
Article 7
In conjunction with consideration of the budget or in other contexts, the
Parliament
may establish guidelines for a particular activity of the state covering
a period in
excess of that for which appropriations have been made for the activity
concerned.
Article 8
The funds and other assets of the State shall be at the disposal of the
Government.
This provision shall not, however, apply to assets which are intended for
the
Parliament or its agencies or which have been put under special administration
by
law.
Article 9
The Parliament shall determine the principles for the administration and
disposition
of the property of the State to the extent that this is necessary. In this
context, the
Parliament may prescribe that measures of a particular nature may not be
undertaken without the Parliament's consent.
Article 10
The Government may not take up loans or otherwise assume financial obligations
on behalf of the State without authority from the Parliament.
Article 11
(1) The Finance Committee confers with the Minister appointed by the Government
on negotiable matters affecting terms of employment applicable to state
employees
or which otherwise come within the scope of the Parliament to examine.
The
Committee approves agreements on such matters on the Parliament's behalf
or, if
the matter has been exempted from agreement, proposals for their regulation.
(2) In the case of employees of the Parliament or its agencies the provisions
laid
down in law apply instead of the provisions of Paragraph (1).
(3) The provisions of Paragraph (1) do not apply if the Parliament has
decided
otherwise in a particular case.
Article 12
(1) The Bank of Sweden is the central bank of Sweden and is responsible
for
currency and credit policy. It shall also promote a sound and efficient
payments
system.
(2) The Bank of Sweden is an authority under the Parliament.
(3) The Bank of Sweden is administered by eight Trustees. Seven of the
Trustees
are elected by the Parliament. These Trustees elect a Trustee to act also
as
Governor of the Bank for a five-year period. The Trustees elected by the
Parliament
elect a chairman from among their number. This chairman may not exercise
any
other commission or hold any office within the executive direction of the
Bank.
Rules concerning the Parliament's election of Trustees, concerning the
direction of
the Bank of Sweden in other respects, and concerning its operations are
laid down
in the Parliament Act and elsewhere in law.
(4) A Trustee for whom the Parliament does not grant discharge of responsibility
is
thereby severed from his appointment. The Trustees elected by the Parliament
may
remove the chairman from office and the person who is a Trustee and the
Governor
of the Bank from his appointment.
Article 13
The Bank of Sweden alone shall have the right to issue banknotes and to
determine
their pattern and design. Further provisions concerning the monetary and
payments
systems shall be laid down by law.
Chapter 10 Relations with other States
Article 1
Agreements with other states or with international organizations shall
be concluded
by the Government.
Article 2
(1) The Government may not conclude any international agreement binding
upon the
Realm without Parliament approval, if the agreement presupposes the amendment
or abrogation of a law or the enactment of a new law, or if it otherwise
concerns a
matter which is for the Parliament to decide.
(2) If in a case under Paragraph (1) a special procedure has been prescribed
for the
decision of the Parliament, the same procedure shall be followed in connection
with
the approval of the agreement.
(3) Nor may the Government in cases other than cases under Paragraph (1)
without
the approval of the Parliament conclude any international agreement which
is
binding upon the Realm, if the agreement is of major importance. The Government
may, however, act without obtaining the Parliament's approval of the agreement
if
the interest of the Realm so requires. In such a case the Government shall
confer
instead with the Foreign Affairs Advisory Council before concluding the
agreement.
Article 3
The Government may commission an administrative authority to conclude
international agreements in matters in which such agreements do not require
any
action on the part of the Parliament or of the Foreign Affairs Advisory
Council.
Article 4
The provisions of Articles 1 to 3 shall apply, mutatis mutandis, to the
commitment
of the Realm to any international obligation in any form other than an
agreement and
to any denunciation of an international agreement or obligation.
Article 5
(1) Any right of decision-making which is directly based on the present
Instrument of
Government and which purports at the laying down of prescriptions, the
use of State
property or the conclusion or denunciation of international treaties or
commitments
may be entrusted, to a limited extent, to an international organization
for peaceful
cooperation of which Sweden is a member or is to become a member or to
an
international court of law. No right of decision-making relating to matters
concerning
the enactment, amendment, or repeal of a fundamental law, of the Parliament
Act or
of the Act concerning elections for the Parliament, or which regards a
limitation of
any of the rights and freedoms referred to in Chapter 2 may be thus delegated.
The
provisions relating to the enactment of fundamental laws shall apply in
respect of
any decision concerning such delegation. If a decision in accordance with
such
provisions cannot be held in suspense, the Parliament may approve a delegation
of
the right of decision-making by a majority of no fewer than five sixths
of those
present and voting and no fewer than three fourths of the total membership
of the
Parliament.
(2) Where it has been laid down in law that an international treaty shall
have the
force of Swedish law, the Parliament may prescribe by a decision taken
in the order
laid down in Paragraph (1) that any future amendment to the treaty, which
is binding
upon the Realm, shall apply also within the Realm .
(3) Any judicial or administrative function not directly based on the present
Instrument of Government may be entrusted to another state, to an international
organization, or to a foreign or international institution or community
by means of a
decision of the Parliament. The Parliament may likewise authorize the Government
or any other public authority to decide on such a delegation of functions
in a
particular situation. Where the function concerned involves the exercise
of public
authority, the Parliament's decision shall be taken by a majority of no
fewer than
three fourths of those present and voting. A decision to delegate a function
of this
nature may also be taken in the manner prescribed for the enactment of
a
fundamental law.
Article 6
The Government shall keep the Foreign Affairs Advisory Council continuously
informed of those matters relating to foreign relations which may be of
importance to
the Realm, and shall confer with the Council in these matters as often
as is
necessary. In all foreign policy matters of major importance, the Government
shall if
possible confer with the Council before making its decision.
Article 7
(1) The Foreign Affairs Advisory Council comprises the Speaker and nine
other
members to be elected by the Parliament from among its members. Further
provisions concerning the composition of the Council are set forth in the
Parliament
Act.
(2) The Foreign Affairs Advisory Council is convened by the Government.
The
Government is obliged to convene the Council if no fewer than four Council
members
ask for consultations to take place on a particular matter. Meetings of
the Council
are presided over by the Head of State or, in his unavoidable absence,
by the Prime
Minister.
(3) A member of the Foreign Affairs Advisory Council and any person otherwise
connected with the Council shall exercise caution in communicating to others
what
he has learnt in such a capacity. Whoever presides over a meeting of the
Council
may decide on an unconditional obligation to maintain silence.
Article 8
The head of the ministry responsible for foreign affairs shall be kept
informed
whenever a matter arises at another State authority which is of significance
for
relations with another state or international organization.
Article 9
(1) The Government may commit the country's defence forces, or any part
of them,
to battle in order to repel an armed attack upon the Realm. Swedish armed
forces
may otherwise be committed to battle or sent to another country only if
1) the Parliament has assented thereto;
2) it is permitted under a law which sets out the prerequisites for such
action;
3) an obligation to take such action follows from an international agreement
or
obligation which has been approved by the Parliament.
(2) No declaration of war may be made without the consent of the Parliament,
except in the event of an armed attack against Sweden.
(3) The Government may authorize the defence forces to use force in accordance
with international law and custom to prevent a violation of Swedish soil
in time of
peace or during a war between foreign states.
Chapter 11 Judicial and General Administration
Article 1
(1) The Supreme Court is the highest court of general jurisdiction, and
the
Supreme Administrative Court is the highest administrative court. The right
to have a
case tried by the Supreme Court or by the Supreme Administrative Court
may be
restricted by law. A person may serve as a member of the Supreme Court
or the
Supreme Administrative Court only if that person has been appointed a permanent
justice of that court.
(2) A court other than the Supreme Court or the Supreme Administrative
Court must be established by law. Provisions prohibiting the establishment
of a
court for a particular case are laid down in Chapter 2, Article 2 (1).
(3) There shall be at least one permanent judge in any court under Paragraph
(2).
However, with respect to courts which have been set up to try a definite
group or
definite groups of cases exceptions from this rule may be made by law.
Article 2
Neither a public authority nor the Parliament may determine how a court
shall
adjudicate a particular case or how a court shall in other respects apply
a rule of law
in a particular case.
Article 3
A legal dispute between private subjects may not be settled by an authority
other
than a court except by virtue of law. Provisions regarding judicial review
of
deprivation of liberty are laid down in Chapter 2, Article 9.
Article 4
Provisions concerning the functions of the courts relating to the administration
of
justice, the principal features of the organization of the courts, and
legal
proceedings shall be laid down by law.
Article 5
(1) A person appointed a permanent judge may be removed from his post only
1) if through a criminal act or through gross or repeated neglect of his
official duties
he has shown himself to be manifestly unfit to hold the office; or
2) if he has reached the relevant age of retirement or is otherwise under
a legal
obligation to retire on pension.
(2) If a permanent judge has been removed from his office through a decision
made
by an authority other than a court he shall be entitled to call upon a
court to review
the decision. This provision shall likewise apply to any decision as a
result of which
a permanent judge has been suspended or ordered to undergo medical examination.
(3) If organizational reasons so require, a person appointed a permanent
judge may
be transferred to any other judicial office of equal status.
Article 6
(1) The Justice Chancellor, the Chief Public Prosecutor, the central administrative
boards, and the provincial governments are subordinate to the Government.
Any
other administrative authority of the State is subordinate to the Government,
unless
it is an authority under the Parliament under the terms of the present
Instrument of
Government or under the terms of some other law.
(2) Administrative functions may be entrusted to a local government commune.
(3) Administrative functions may be entrusted to a company, an association,
a
community, a foundation, or a private individual. If such a function involves
the
exercise of public authority, it shall be entrusted to such a body or person
by law.
Article 7
Neither any public authority, nor the Parliament, nor the decision making
body of a
local government commune may determine how an administrative authority
shall
make its decision in a particular case concerning the exercise of public
authority
against a private subject or against a commune, or concerning the application
of
law.
Article 8
No judicial or administrative function may be performed by the Parliament
except
insofar as this is provided for by a fundamental law or by the Parliament
Act.
Article 9
(1) Appointments to a post in a court or in an administrative authority
under the
Government shall be made by the Government or by an authority designated
by the
Government.
(2) When making appointments to posts within the State administration attention
shall be directed only to objective factors such as merit and competence.
(3) Only a Swedish citizen may hold or exercise the functions of a judicial
office, an
office directly subordinate to the Government, a post or commission as
head of an
authority directly subordinate to the Parliament or to the Government,
or as a
member of such an authority or its board, a post in the Government Chancery
immediately subordinate to a Minister or a post as a Swedish envoy. Also
in other
cases no one who is not a Swedish citizen may hold an office or carry out
a
commission, if the holder of such an office or commission is elected by
the
Parliament. Swedish nationality may otherwise be made a prerequisite of
the right
to hold or exercise an office or commission under the State or a local
authority only
if laid down in law or under conditions prescribed by law.
Article 10
Fundamental provisions concerning the legal status of civil servants in
respects
other than those covered in the present Instrument of Government shall
be set forth
by law.
Article 11
Judicial review of a case which is closed, and reinstatement of lapsed
time, shall be
granted by the Supreme Administrative Court when the case concerns a matter
in
respect of which the Government, an administrative court or an administrative
authority is the highest instance. In all other cases, judicial review
or reinstatement
of lapsed time is granted by the Supreme Court or, insofar as this is prescribed
by
law, by another court which is not an administrative court.
Article 12
(1) The Government may grant exceptions from any provision of a statutory
order, or
from a provision issued by virtue of a decision by the Government, unless
otherwise
provided in an Act of law or in a decision on a budget appropriation.
(2) Further details concerning judicial review of a closed case and reinstatement
of
lapsed time may be laid down in law.
Article 13
(1) The Government may by exercising mercy remit or reduce a penal sanction
or
other legal effect of a criminal act, and may remit or reduce any other
similar
intervention affecting the person or property of a private subject made
by a public
authority.
(2) Where exceptional reasons so warrant, the Government may order that
no
further action be taken to investigate or prosecute a criminal act.
Article 14
If a court or any other public body considers that a provision conflicts
with a
provision of a fundamental law or with a provision of any other superior
statute, or
that the procedure prescribed was set aside in any important respect when
the
provision was introduced, the provision may not be applied. However, if
the provision
has been approved by the Parliament or by the Government, it may be set
aside
only if the fault is manifest.
Chapter 12 Parliamentary Control
Article 1
The Committee on the Constitution shall examine Ministers' performance
of their
duties and the handling of Government business. The Committee is entitled
for this
purpose to have access to the records of the decisions made in Cabinet
matters
and to all documents pertaining to such matters. Any other Parliament Committee
and any member of the Parliament shall be entitled to raise in writing
with the
Committee on the Constitution any issue concerning a Minister's performance
of his
duties or concerning the handling of Cabinet business.
Article 2
It shall be incumbent upon the Committee on the Constitution to communicate
to
the Parliament, whenever reasons so warrant but at least once a year, any
observations which the Committee may find worthy of attention in connection
with
its scrutiny. The Parliament may make representations to the Government
as a
result.
Article 3
A person who is currently or has been previously a Minister may be held
accountable for a criminal act committed in the performance of his official
duties
only if he has grossly neglected his duties thereby. Such impeachment is
a matter
for decision by the Committee on the Constitution and the case shall be
tried by the
Supreme Court.
Article 4
(1) The Parliament may declare that a particular Minister does not enjoy
the
confidence of Parliament. Such a declaration of no confidence requires
the
concurrence therein of more than half the members of the Parliament.
(2) A motion for a declaration of no confidence shall be taken up for consideration
only if it is introduced by no fewer than one tenth of the members of the
Parliament.
It shall not be taken up for consideration during the period between the
date on
which an ordinary election has been held or an extra election has been
declared and
the Parliament elected in such an election has convened. A motion which
concerns
a Minister holding office under the terms of Chapter 6, Article 8 after
having been
discharged may not be taken up for consideration in any circumstances.
(3) A motion calling for a declaration of no confidence shall not be prepared
in
committee.
Article 5
Under provisions laid down in the Parliament Act, any member of the Parliament
may submit an interpellation or put down a question for a Minister in any
matter
concerning the Minister's performance of his duties.
Article 6
(1) The Parliament shall elect one or more Ombudsmen to supervise under
instructions laid down by the Parliament the application in public service
of laws and
other statutes. An Ombudsman may initiate legal proceedings in the cases
indicated in these instructions.
(2) An Ombudsman may be present at the deliberations of a court or an
administrative authority and shall have access to the minutes and other
documents
of any such court or authority. Any court or administrative authority and
any State or
local government official shall provide an Ombudsman with such information
and
reports as he may request. A similar obligation shall also be incumbent
on any
other person coming under the supervision of the Ombudsman. A public prosecutor
shall assist an Ombudsman on request.
(3) Further provisions concerning the Ombudsmen are set forth in the Parliament
Act.
Article 7
(1) The Parliament shall elect auditors from among its members to examine
the
activities of the State. The Parliament may decide that the auditors' scrutiny
shall
extend also to other activities. The Parliament draws up standing orders
for the
auditors.
(2) Under provisions set forth in law, the auditors may demand such documents,
data, and reports as are necessary for their scrutiny.
(3) Further provisions concerning the auditors are set out in the Parliament
Act.
Article 8
(1) Proceedings under penal law on account of a criminal act committed
by a
member of the Supreme Court or the Supreme Administrative Court in the
exercise
of his official functions shall be brought before the Supreme Court by
a
Parliamentary Ombudsman or by the Justice Chancellor.
(2) The Supreme Court shall likewise examine and determine whether, in
accordance with the provisions laid down in this connection, a member of
the
Supreme Court or the Supreme Administrative Court shall be removed from
office or
suspended from duty, or shall be obliged to undergo a medical examination.
Proceedings to this effect shall be initiated by a Parliamentary Ombudsman
or by
the Justice Chancellor.
Chapter 13 War and Danger of War
Article 1
If the country is at war or exposed to the danger of war, and the Parliament
is not in
session, the Government or the Speaker shall convene the Parliament. Whoever
issues the notice convening the Parliament may decide that the Parliament
shall
meet at a place other than Stockholm. If the Parliament is in session,
the
Parliament, or the Speaker, may determine where it shall meet.
Article 2
(1) If the country is at war or exposed to the danger of war, a War Delegation
appointed from among the members of the Parliament shall replace the Parliament
if
circumstances so warrant.
(2) If the country is at war, the order appointing the War Delegation to
replace the
Parliament is issued by the members of the Foreign Affairs Advisory Council
according to detailed provisions set forth in the Parliament Act. If possible,
the
Prime Minister is to be consulted before the order is issued. If war conditions
prevent the Council from convening, the order is to be issued by the Government.
If
the country is exposed to the danger of war, the order shall be issued
by the
members of the Foreign Affairs Advisory Council and the Prime Minister
jointly.
Such an order shall be effected only if the Prime Minister and six members
of the
Council are in agreement thereon.
(3) The War Delegation and the Government may decide, either jointly or
severally,
that the Parliament shall resume its functions.
(4) Rules regarding the composition of the War Delegation are set forth
in the
Parliament Act.
Article 3
(1) While the War Delegation is acting in the Parliament's place, it shall
exercise
the powers otherwise vested in the Parliament. It shall not however take
decisions
under Article 12 (1.1), (2) or (4).
(2) The War Delegation determines its own working methods.
Article 4
If the country is at war, and if as a result the Government cannot carry
out its
duties, the Parliament may decide on the formation of a Government and
may
determine the Government's working methods.
Article 5
(1) If the country is at war, and if in consequence thereof neither the
Parliament nor
the War Delegation can carry out its duties, the Government shall assume
these
duties to the extent it considers necessary to protect the Realm and bring
hostilities
to an end.
(2) The Government may not by virtue of Paragraph (1) enact, amend, or
repeal any
fundamental law, the Parliament Act, or any act concerning elections for
the
Parliament.
Article 6
(1) If the country is at war or is exposed to the danger of war, or if
such exceptional
conditions prevail as result from war or danger of war to which the country
has been
exposed, the Government may, with authority in law, issue regulations by
statutory
order in a particular matter which shall otherwise be set forth by law
in accordance
with fundamental law. If necessary in any other case having regard to defence
preparedness, the Government may, with authority in law, decide by statutory
order
that any provisions set forth by law which relate to requisition or other
such
disposition shall be brought into force or cease to apply.
(2) In any law granting authority of the kind referred to in Paragraph
(1), the
conditions under which the authority may be used shall be scrupulously
defined.
Such authority does not empower the Government to enact, amend, or repeal
a
fundamental law, the Parliament Act, or any act concerning elections for
the
Parliament.
Article 7
In the event that the country is at war or is exposed to the imminent danger
of war
the provisions of Chapter 2, Article 12 (3) shall not apply. The same applies
in any
other circumstances in which the War Delegation is acting in the Parliament's
place.
Article 8
If the country is at war or is exposed to the imminent danger of war, the
Government
may decide, upon authorization by the Parliament, that a function which
devolves on
the Government by virtue of a fundamental law shall be performed by some
other
authority. Such authority may not include any power under Article 5 or
6, unless it
relates solely to a decision to the effect that a law in a particular matter
shall begin
to apply.
Article 9
The Government may agree a cease-fire without seeking the approval of the
Parliament and without consulting the Foreign Affairs Advisory Council,
if deferment
of the agreement would endanger the country.
Article 10
(1) Neither the Parliament nor the Government may make decisions in occupied
territory. Nor may any power vested in a person in his capacity as a member
of the
Parliament or as a member of the Government be exercised in such territory.
(2) It shall be incumbent on any public body in occupied territory to act
in the
manner which best serves the defence effort and resistance activities,
the protection
of the civilian population and Swedish interests at large. In no circumstances
may
any public body make any decision or take any action which imposes on any
citizen of the Realm the duty to render assistance to the occupying power
in
contravention of international law.
(3) Elections for the Parliament or for decision-making local government
assemblies
may not be held in occupied territory.
Article 11
If the country is at war, the Head of State should accompany the Government.
Should he find himself in occupied territory or separated from the Government,
he
shall be deemed to be prevented from carrying out his duties as Head of
State.
Article 12
(1) If the country is at war, elections for the Parliament may be held
only at the
Parliament's decision. If the Realm is exposed to the danger of war when
ordinary
elections are due to be held, the Parliament may decide to defer the elections.
Such a decision shall be reconsidered within one year and at intervals
thereafter not
exceeding one year. Decisions under the present paragraph shall be effective
only if
no fewer than three fourths of the total membership of the Parliament concur
therein.
(2) If any part of the country is under foreign occupation when elections
are to be
held, the Parliament shall approve whatever modification of the provisions
of Chapter
3 is called for. No exceptions may however be made from the provisions
of Chapter
3, Article 1 (1), 2, 6 (1), or 7 to 11. Any reference to the country or
Realm in the
provisions of Chapter 3, Article 6 (1), 7 (2) or 8 (2) shall apply instead
to that part of
the country for which elections are to be held. No fewer than one tenth
of all the
seats shall be adjustment seats.
(3) Ordinary elections not held at the time prescribed in consequence of
the
provisions of Paragraph (1) shall be held as soon as possible after the
war ends or
the danger of war subsides. It shall be incumbent upon the Government and
the
Speaker, either jointly or severally, to ensure that the necessary measures
are
taken.
(4) If, in consequence of the provisions of the present article, an ordinary
election
has been held at a time other than that at which it should otherwise have
been held,
the Parliament shall set the date of the next following ordinary election
for that
month during the third or fourth year following the first-named election
in which an
ordinary election was due to be held in accordance with the Parliament
Act.
Article 13
If the country is at war or exposed to the danger of war, or if such exceptional
conditions prevail as result from war or the danger of war, the decision-making
powers of the local government assemblies shall be exercised in the manner
prescribed by law.
© 1994 - 15 Sep. 1998 /