Adopted on: ۱ Jan ۱۹۷۵
Chapter ۱ Basic Principles
Article ۱
(۱) All public power in Sweden proceeds from the people.
(۲) 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.
(۳) Public power shall be exercised under the law.
Article ۲
(۱) Public power shall be exercised with respect for the equal worth of all and
for the freedom and dignity of the individual.
(۲) 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.
(۳) 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.
(۴) Opportunities should be promoted for ethnic٫ linguistic and religious
minorities to preserve and develop a cultural and social life of their own.
Article ۳
The Instrument of Government٫ the Act of Succession and the Freedom of the
Press Act are the fundamental laws of the Realm.
Article ۴
(۱) The Parliament is the foremost representative of the people.
(۲) 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 ۵
(۱) The King or Queen who occupies the throne of Sweden in accordance with the
Act of Succession shall be the Head of State.
(۲) 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 ۶
The Government rules the country. It is responsible to the Parliament.
Article ۷
(۱) There are primary and regional local government communes in Sweden. The
decision-making power in the communes is exercised by elected assemblies.
(۲) The communes may levy taxes in order to perform their
tasks.
Article ۸
Courts of law exist for the administration of justice٫ and central and local
government administrative authorities exist for the public administration.
Article ۹
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 objectttivity and impartiality.
Chapter ۲ Fundamental Rights and Freedoms
Article ۱
(۱) All citizens shall be guaranteed the following in their relations with the
public administration: ۱) 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; ۲) freedom of
information: the freedom to obtain and receive information and otherwise
acquaint oneself with the utterances of others;
۳) 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;
۴) freedom to demonstrate: the freedom to organize or take part in any
demonstration in a public place;
۵) freedom of association: the freedom to unite with others for public or
private purposes; and ۶) freedom of worship: the freedom to practice
one”s own religion either alone or in company with others.
(۲) 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 ۲
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 ۳
(۱) No record about a citizen in a public register may be based without his
consent solely on his political opinions.
(۲) 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 ۴
There shall be no capital punishment.
Article ۵
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 ۶
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 ۴ and ۵. 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
eavesdropppping٫ telephone-tapping or recording of other confidential
communications.
Article ۷
(۱) No citizen may be deported or refused entry to Sweden.
(۲) 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 ۸
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 ۹
(۱) 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
havinggg 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
execccuting a penal sanction involving deprivation of liberty which has been
imposed in another state.
(۲) If٫ for reasons other than those referred to in Paragraph (۱)٫ 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.
(۳) If an examination under Paragraphs (۱) and (۲) 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 ۱۰
(۱) 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.
(۲) No State taxes٫ charrrges٫ 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٫ charrrge٫ or fee. Should the
Parliament find that specific reasons so warrant٫ it may be provided under an
Act of law that State taxes٫ charrrges٫ 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 ۱۱
(۱) No court may be set up to try an offence already committed٫ or for a
particular dispute or otherwise for a particular case.
(۲) Proceedings in the courts shall be open to the public.
Article ۱۲
(۱) The rights and freedoms referred to in Article ۱ (۰.۱)-(۰.۵)٫ in Articles
۶٫ ۸٫ and ۱۱ (۲) may be restricted by law to the extent provided for in
Articles ۱۳-۱۶. After authorization in law٫ they may be restricted by statutory
order in the cases referred to in Chapter ۸٫ Article ۷ (۱.۷)٫ and in Chapter ۸٫
Article ۱۰. Freedom of assembly and the freedom to demonstrate may similarly be
restricted also in the cases referred to in Article ۱۴ (۱)٫ second sentence.
(۲) The restrictions referred to in Paragraph (۱) may be imposed only to
achieve a purpose acceptable in a democratic society. The restriction may never
exceed what is necessary havinggg 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.
(۳) Government bills of the nature referred to in Paragraph (۱)٫ 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.
(۴) Paragraph (۳) 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 ۱) 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 havinggg
regard to interests under Chapter ۲٫ Article ۲ of the Freedom of the Press Act;
۲) house searches and similar intrusions; or
۳) deprivation of liberty imposed as a penal sanction for a specific act or
omission.
(۵) The Committee on the Constitution decides on behalf of the Parliament
whether Paragraph (۳) is applicable in respect of a specific bill.
Article ۱۳
(۱) Freedom of expression and freedom of information may be restricted
havinggg 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.
(۲) In judging what restrictions may be made by virtue of Paragraph (۱)
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.
(۳) 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 ۱۴
(۱) 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 havinggg 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.
(۲) 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 ۱۵
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 ۱۶
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 ۱۷
Any trade unionnn 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 ۱۸ [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 ۱۹
Authors٫ artists and photographers shall own the rights to their works in
accordance with provisions laid down in law.
Article ۲۰
(۱) A foreigner within the Realm shall be equated with a Swedish citizen in
respect of ۱) 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 ۲٫ second sentence); ۲) protection of personal integrity in
connection with electronic data processing (Article ۳ (۲)); ۳) protection
against capital punishment٫ corporal punishment and torture and against medical
intervention aimed at extorting or preventing statements; ۴) the right to
have any deprivation of liberty on account of a criminal offence or on grounds
of suspicion of havinggg committed such an offence tested before a court of
law (Article ۹ (۱) and (۳)); ۵) protection against retroactive penal
sanctions and other retroactive effects of criminal acts and against
retroactive taxes٫ charrrges or fees (Article ۱۰); ۶) protection against
the establishment of a court to try a particular case (Article ۱۱ (۱)); ۷)
protection against discrimination on grounds of race٫ skin color٫ ethnic
origin٫ or sex (Articles ۱۵ and ۱۶); ۸) the right to take strike or lock-out
action (Article ۱۷); and ۹) the right to compensation in cases of
expropriation or other such disposition (Article ۱۸).
(۲) Unless otherwise provided by special rules of law٫ a foreigner within the
Realm shall be equated with a Swedish citizen also in respect of ۱) freedom of
expression٫ freedom of information٫ freedom of assembly٫ freedom to
demonstrate٫ freedom of association٫ and freedom of worship (Article ۱); ۲)
protection against all coercion to divulge an opinion (Article ۲٫ first
sentence); ۳) protection against physical violations also in cases other
than those referred to in Articles ۴ and ۵٫ against physical search٫ house
searches٫ or other similar intrusions٫ and against violations of confidential
communications (Article ۶); ۴) protection against deprivation of liberty
(Article ۸٫ first sentence); ۵) the right to have any deprivation of liberty
for reasons other than a criminal offence or suspicion of havinggg committed
such an offence tested before a court (Article ۹ (۲) and (۳)); ۶) public
court proceedings (Article ۱۱ (۲)); ۷) protection against violations on
grounds of opinion (Article ۱۲ (۲)٫ third sentence); and ۸) the rights of
authors٫ artists٫ and photographers to their works.
(۳) With respect to the special provisions referred to in Paragraph (۲)٫ the
provisions of Article ۱۲ (۳)٫ (۴)٫ first sentence٫ and (۵) shall apply.
Chapter ۳ The Parliament
Article ۱
(۱) The Parliament is appointed by free٫ secret and direct elections.
(۲) The Parliament consists of one chamber comprising three hundred and
forty-nine members. Alternates shall be appointed for all members.
Article ۲
(۱) 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 ۱۸ years on or before election day is entitled to vote.
(۲) Any question of whether a right to vote exists under Paragraph (۱) shall be
determined on the basis of a voters” roll drawn up before the election.
Article ۳
Ordinary elections for the Parliament shall be held every fourth year.
Article ۴
(۱) 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.
(۲) 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 havinggg all been formally discharrrged٫ pending the assumption
of office by a new Government.
(۳) Provisions concerning an extra election in a particular case are set forth
in Chapter ۶٫ Article ۳.
Article ۵
(۱) 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.
(۲) 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 ۶
(۱) Sweden is divided into constituencies for the purpose of elections to the
Parliament.
(۲) The Parliament is made up of three hundred and ten
permanent constituency seats and thirty-nine adjustment seats.
(۳) 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 ۷
(۱) 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.
(۲) 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 ۸
(۱) 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.
(۲) 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.
(۳) The odd number method is used to distribute the seats between parties٫ with
the first divisor adjusted to ۱.۴.
Article ۹
One member and one or more alternates for that member shall be appointed for
each seat a party obtains.
Article ۱۰
Only a person who is qualified to vote can be a member of the Parliament or an
alternate member of the Parliament.
Article ۱۱
(۱) 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.
(۲) 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 ۱۲
Further provisions regarding matters under Articles ۲ to ۱۱ 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 ۴ The Business of the Parliament
Article ۱
The Parliament shall convene in session every year. Sessions shall be held in
Stockholm٫ unless otherwise decided by the Parliament٫ or by the Speaker٫
havinggg regard to the safety or liberty of Parliament.
Article ۲
The Parliament shall designate a Speaker and a First٫ Second٫ and Third Deputy
Speaker from among its members for each electoral period.
Article ۳
(۱) 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.
(۲) 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 ۴
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 ۵
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 ۶
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 ۷
(۱) No member of the Parliament or alternate for such a member may resign his
mandate without the Parliament”s consent.
(۲) 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 ۳٫ Article ۱۰. Any person declared incompetent is
relieved of his mandate thereby.
(۳) A member or alternate member may be relieved of his mandate in cases other
than those referred to in Paragraph (۲) 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 ۸
(۱) 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.
(۲) If٫ in any other case٫ a member of the Parliament is suspected of havinggg
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 ۹
(۱) 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.
(۲) The provisions of this chapter٫ Article ۶ and ۸ (۱) 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.
(۳) The provisions relating to a member of the Parliament shall apply also to
an alternate exercising a mandate as member.
Article ۱۰
Additional provisions concerning the business of the Parliament are laid down
in the Parliament Act.
Chapter ۵ The Head of State
Article ۱
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 ۲
(۱) 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.
(۲) The Head of State shall consult the Prime Minister before travelling
abroad.
Article ۳
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 ۴
(۱) 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.
(۲) 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 ۵
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 ۶
(۱) The Parliament may appoint someone٫ on the Government”s recommendation٫
to serve as Temporary Regent when no one competent under Article ۳ or ۴ is in a
position to serve.
(۲) 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 ۷
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 ۶ The Government
Article ۱
The Government comprises the Prime Minister and other members of the
Cabinet.The Prime Minister is appointed in the manner prescribed in Articles ۲
to ۴. The Prime Minister appoints the other members of the Cabinet.
Article ۲
(۱) 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.
(۲) 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 ۳
If the Parliament rejects the Speaker”s proposal the procedure laid down in
Article ۲ 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 ۴
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 ۵
If the Parliament declares that the Prime Minister or any other Minister no
longer enjoys its confidence٫ the Speaker shall discharrrge the Minister
concerned. When the Government is in a position to order an extra election٫
however٫ no decision shall be made to discharrrge the Minister if the
Government issues an order for an extra election within one week from the
declaration of no confidence.
Article ۶
A Minister shall be discharrrged 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 discharrrge another member of
the Government.
Article ۷
If the Prime Minister resigns or dies٫ the Speaker shall discharrrge the other
members of the Government.
Article ۸
If all the members of the Government have been discharrrged٫ they shall retain
their posts until a new Government has taken office. If any Minister other than
the Prime Minister has been discharrrged at his own request٫ he shall retain
his post until a successor has taken office٫ if the Prime Minister so requests.
Article ۹
(۱) Only a person who has been a Swedish citizen for not less than ten years
may be a Minister.
(۲) 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 ۱۰
In the absence of the Speaker٫ a Deputy Speaker shall assume the duties
incumbent upon the Speaker under the present chapter.
Chapter ۷ The Business of the Government
Article ۱
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 ۲
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 ۳
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 ۴
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 ۵
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 ۶
Minutes shall be kept of Cabinet meetings. Dissenting opinions are to be
recorded in the minutes.
Article ۷
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 ۸
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 ۸ Laws and Other Regulations
Article ۱
It follows from the provisions of Chapter ۲ 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 ۲
(۱) Provisions relating to the personal status of private subjects or to their
mutual personal and economic relations shall be laid down by law.
(۲) These provisions include inter alia:
۱) provisions concerning Swedish citizenship;
۲) provisions concerning the right to a family name٫ or concerning marriage and
parenthood٫ wills and inheritance٫ or family affairs in general; and
۳) provisions concerning the right to fixed and movable property٫ concerning
contracts٫ and concerning companies٫ associations٫ communities and foundations.
Article ۳
(۱) 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.
(۲) 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 ۴
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 ۵
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 ۶
(۱) 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.
(۲) Any law approved by the Finance and Taxation Committees
under Paragraph (۱) 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 ۷
(۱) Notwithstanding the provisions of Articles ۳ and ۵٫ 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: ۱) the protection of life٫ health٫ or personal safety;
۲) the residence or sojourn in Sweden of foreign nationals;
۳) 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;
۴) game-shooting٫ fishing٫ animal protection٫ or the conservation of nature and
the environment;
۵) the circulation of traffic or public order;
۶) education and vocational training;
۷) prohibitions against the disclosure of matters of which a person has
acquired knowledge in the public service or while performing compulsory
national service.
(۲) Authority of the nature referred to in Paragraph (۱) 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 (۱)٫ legal effects other than the
imposition of fines for contraventions of provisions laid down by the
Government by virtue of such authority.
Article ۸
The provisions of Articles ۲٫ ۳٫ or ۵ notwithstanding٫ the Government may٫ upon
authorization by law٫ issue regulations by statutory order regarding the
granting of respites for meeting obligations.
Article ۹
(۱) The provisions of Article ۳ notwithstanding٫ the Government may٫ upon
authorization by law٫ issue regulations by statutory order concerning customs
duties on the importation of goods.
(۲) Upon authorization by the Parliament٫ the Government or any local
government commune may issue regulations concerning charrrges or fees which
shall otherwise be issued by the Parliament under Article ۳.
Article ۱۰
In any matter referred to in Article ۷ (۱) or ۹٫ 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 ۱۱
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 ۱۲
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 ۱۳
(۱) In addition to what follows from Articles ۷ to ۱۰ the Government may issue
by statutory order ۱) regulations concerning the enforcement of laws; and
۲) regulations which under the fundamental laws are not to be issued by the
Parliament.
(۲) The Government may not by virtue of Paragraph (۱) issue any regulations
which concern the Parliament or its agencies. Nor may the Government by virtue
of Paragraph (۱.۲) issue regulations which concern local taxation.
(۳) 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 (۱).
Article ۱۴
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 ۱۵
(۱) 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.
(۲) 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.
(۳) 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.
(۴) The referendum shall be held simultaneously with the election for the
Parliament referred to in Paragraph (۱). 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 ۱۶
The Parliament Act shall be adopted as prescribed in Article ۱۵ (۱)٫ first and
second sentences٫ and (۲). 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 ۱۷
No law shall be amended or repealed otherwise than by law. Articles ۱۵ and ۱۶
apply mutatis mutandis with respect to any amendment or abrogation of a
fundamental law.
Article ۱۸
(۱) 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.
(۲) 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 ۳ (۲)٫ ۱۲ (۱)٫ ۱۷٫ ۱۹٫ or ۲۰ (۲)٫ 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 ۲ or ۳; and on any Act of law
under Chapter ۱۱٫ 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.
(۳) The Law Council”s scrutiny shall relate to
۱) the way in which the proposal relates to the fundamental laws and to the
legal system in general;
۲) the way in which the different provisions contained in the proposal relate
to each other;
۳) the way in which the proposal relates to the requirement for security before
the law;
۴) whether the proposal is framed in such a manner that the resulting law can
be assumed to satisfy the above requirements; and
۵) what problems are likely to arise in applying the law.
(۴) Further provisions concerning the composition and working methods of the
Law Council shall be set forth by law.
Article ۱۹
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 ۹ Financial Power
Article ۱
Provisions concerning the right to approve taxes and charrrges or fees due the
State are set out in Chapter ۸.
Article ۲
(۱) State funds may not be used in any way other than that determined by the
Parliament.
(۲) The Parliament approves the use of such funds for different purposes by
adopting a budget in accordance with Articles ۳ to ۵. The Parliament may٫
however٫ decide that funds are to be employed in another manner.
Article ۳
(۱) 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.
(۲) The Parliament may decide that a particular appropriation within the
national budget shall be made for a period other than the budget period.
(۳) 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 ۴
If the budget cannot be finally adopted in accordance with Article ۳ 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 ۵
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 ۶
The Government shall submit proposals for a national budget to the Parliament.
Article ۷
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 ۸
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 ۹
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 ۱۰
The Government may not take up loans or otherwise assume financial obligations
on behalf of the State without authority from the Parliament.
Article ۱۱
(۱) 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.
(۲) In the case of employees of the Parliament or its agencies the provisions
laid down in law apply instead of the provisions of Paragraph (۱).
(۳) The provisions of Paragraph (۱) do not apply if the Parliament has decided
otherwise in a particular case.
Article ۱۲
(۱) 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.
(۲) The Bank of Sweden is an authority under the Parliament.
(۳) 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 execccutive
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.
(۴) A Trustee for whom the Parliament does not grant discharrrge 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 ۱۳
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 ۱۰ Relations with other States
Article ۱
Agreements with other states or with international organizations shall be
concluded by the Government.
Article ۲
(۱) 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.
(۲) If in a case under Paragraph (۱) 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.
(۳) Nor may the Government in cases other than cases under Paragraph (۱)
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 ۳
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 ۴
The provisions of Articles ۱ to ۳ 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 ۵
(۱) Any right of decision-making which is directly based on the present
Instrument of Government and which purports at the laying down of
prescriptttions٫ 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 ۲ 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.
(۲) 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 (۱) that any future amendment to the treaty٫
which is binding upon the Realm٫ shall apply also within the Realm .
(۳) 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 ۶
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 ۷
(۱) 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.
(۲) 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.
(۳) 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 ۸
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 ۹
(۱) 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
۱) the Parliament has assented thereto;
۲) it is permitted under a law which sets out the prerequisites for such
action;
۳) an obligation to take such action follows from an
international agreement or obligation which has been approved by the
Parliament.
(۲) No declaration of war may be made without the consent of the Parliament٫
except in the event of an armed attack against Sweden.
(۳) 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 ۱۱ Judicial and General Administration
Article ۱
(۱) 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.
(۲) 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 ۲٫ Article ۲ (۱).
(۳) There shall be at least one permanent judge in any court under Paragraph
(۲). 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 ۲
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 ۳
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 ۲٫ Article ۹.
Article ۴
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 ۵
(۱) A person appointed a permanent judge may be removed from his post only
۱) 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
۲) if he has reached the relevant age of retirement or is otherwise under a
legal obligation to retire on pension.
(۲) 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.
(۳) If organizational reasons so require٫ a person appointed a permanent judge
may be transferred to any other judicial office of equal status.
Article ۶
(۱) 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.
(۲) Administrative functions may be entrusted to a local government commune.
(۳) 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 ۷
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 ۸
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 ۹
(۱) 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.
(۲) When making appointments to posts within the State administration attention
shall be directed only to objectttive factors such as merit and competence.
(۳) 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 ۱۰
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 ۱۱
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 ۱۲
(۱) 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.
(۲) Further details concerning judicial review of a closed case and
reinstatement of lapsed time may be laid down in law.
Article ۱۳
(۱) 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.
(۲) Where exceptional reasons so warrant٫ the Government may order that no
further action be taken to investigate or prosecute a criminal act.
Article ۱۴
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 ۱۲ Parliamentary Control
Article ۱
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 ۲
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 ۳
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 ۴
(۱) 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.
(۲) 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 ۶٫ Article ۸ after havinggg been discharrrged may not be taken up
for consideration in any circumstances.
(۳) A motion calling for a declaration of no confidence shall not be prepared
in committee.
Article ۵
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 ۶
(۱) 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.
(۲) 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.
(۳) Further provisions concerning the Ombudsmen are set forth in the Parliament
Act.
Article ۷
(۱) 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.
(۲) Under provisions set forth in law٫ the auditors may demand such documents٫
data٫ and reports as are necessary for their scrutiny.
(۳) Further provisions concerning the auditors are set out in the Parliament
Act.
Article ۸
(۱) 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.
(۲) 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 ۱۳ War and Danger of War
Article ۱
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 ۲
(۱) 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.
(۲) 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.
(۳) The War Delegation and the Government may decide٫ either jointly or
severally٫ that the Parliament shall resume its functions.
(۴) Rules regarding the composition of the War Delegation are set forth in the
Parliament Act.
Article ۳
(۱) 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 ۱۲ (۱.۱)٫ (۲) or (۴).
(۲) The War Delegation determines its own working methods.
Article ۴
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 ۵
(۱) 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.
(۲) The Government may not by virtue of Paragraph (۱) enact٫ amend٫ or repeal
any fundamental law٫ the Parliament Act٫ or any act concerning elections for
the Parliament.
Article ۶
(۱) 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 havinggg 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.
(۲) In any law granting authority of the kind referred to in Paragraph (۱)٫ 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 ۷
In the event that the country is at war or is exposed to the imminent danger of
war the provisions of Chapter ۲٫ Article ۱۲ (۳) shall not apply. The same
applies in any other circumstances in which the War Delegation is acting in the
Parliament”s place.
Article ۸
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 ۵ or ۶٫ unless it relates solely to a decision to the effect that
a law in a particular matter shall begin to apply.
Article ۹
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 ۱۰
(۱) 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.
(۲) 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.
(۳) Elections for the Parliament or for decision-making local government
assemblies may not be held in occupied territory.
Article ۱۱
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 ۱۲
(۱) 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.
(۲) 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 ۳ is called for. No exceptions may however be made from
the provisions of Chapter ۳٫ Article ۱ (۱)٫ ۲٫ ۶ (۱)٫ or ۷ to ۱۱. Any reference
to the country or Realm in the provisions of Chapter ۳٫ Article ۶ (۱)٫ ۷ (۲) or
۸ (۲) 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.
(۳) Ordinary elections not held at the time prescribed in consequence of the
provisions of Paragraph (۱) 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.
(۴) 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 ۱۳
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.