{ Adopted: 1 Jan 1975 / Status: 1989 }
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
(3) Public power shall be exercised under the law.
Article 2
(1) Public power shall be exercised with respect for the equal
(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.
Article 1
(1) All citizens shall be guaranteed the following in their
relations with the public administration:
1) freedom of expression
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
(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
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.
Article 1
(1) The Parliament
(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.
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
(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.
Article 1
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.
Article 1
The Government
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.
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.
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.
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
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.
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.
Article 1
(1) The Supreme Court
(2) A court
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.
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.
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.