The Swedish Law-Making Process

Factsheet Ministry of Justice May 2016 Ju16.03e

Parliament (the Riksdag) is the sole legislator. This means that the responsibility for approving all new or amended legislation lies with Parliament. The fundamental laws are the supreme laws of the land. Certain matters can only be regulated by act of law, while others may be regulated in the form of secondary legislation (ordinances), provided the Government has regulatory authority based either directly on the Constitution or on delegation from Parliament.

Initiative for a legislative terms of reference laid down The consultation process change by the Government. These Before the Government deals It is the Government that initi- instructions identify the issue to with the recommendations of a ates most legislative proposals be investigated and define the committee of inquiry, its report presented to Parliament, though problems to be addressed. is circulated for comment to Members of Parliament and the relevant consultation bodies. various parliamentary commit- Committees of inquiry oper- These bodies may be central tees also have a right to submit ate independently of the government agencies, local new legislative proposals to Par- Government, but the minister government authorities or liament. concerned appoints the other bodies, including non- members of the committee. The governmental organisations, The inquiry stage members may include experts in whose activities may be affected Before the Government can different fields, public officials by the proposals. draw up a legislative proposal, and politicians. the matter in question must be The Council on Legislation analysed and evaluated. The In this context, the parliament- and Government bills task may be assigned to officials ary opposition and different When the consultation bodies at the ministry concerned, but interest groups are given an have submitted their comments, the Government often chooses opportunity to follow reform the ministry responsible drafts to appoint a special expert or work from an early stage. the bill that will be submitted group – a committee of inquiry to Parliament. The inquiry – to take a closer look at the A committee of inquiry presents report and the comments issues involved. its proposals in an inquiry from the consultation bodies report. The terms of reference provide the basis of this process. Such committees of inquiry and the reports are published The Government works as a examine and report on and are available to the public. collective, and thus the members matters in accordance with of the Government must have

1 The process leading to a new law

The Government The committee of appoints a inquiry presents committee of its proposals in a inquiry report

The Government circulates the Initiative for reports for change comment

The Government The Government issues a law, which drafts a proposal is then published for change – a in the Swedish Government bill Code of Statutes

After the parliamentary The Government committee has bill is submitted to discussed the the Parliament for matter, a vote is consideration taken in the Parliament

reached consensus before a bill the bill is dealt with by one of of two identically worded is decided on. the standing committees. Any simple majority decisions Member of Parliament can by Parliament. Between the The Government is obliged table a counter-proposal (or two decisions an election to – in principle – to refer major amendment) to a bill introduced Parliament must have taken items of draft legislation to the by the Government. place and it is the newly elected Council on Legislation. This is a Parliament that makes the body whose members are judges If a counter-proposal is formally second decision. A qualified drawn from the Supreme Court adopted by Parliament, the majority is not required. and the Supreme Administrative Government is bound to Court. implement its provisions. Promulgation When Parliament has adopted a The consultation of the Council When the committee has proposed law, the Government on Legislation is intended, completed its deliberations, it formally issues the law. All laws above all, to ensure conformity submits a report which is put – and also all ordinances – are with the legal system and to the Chamber for debate and published in the Swedish Code compatibility of a statute with approval. If adopted, the bill of Statutes. constitutional law. becomes law.

The Council is, however, a Laws, other than fundamental consultative and not a decision- laws, are normally enacted by making body. a single majority decision of

Parliament. Production: Ministry of Justice The parliamentary process Phone: 08-405 10 00 Email: [email protected] When the Government has A fundamental law must be Internet: www.government.se/justice submitted a bill to Parliament, adopted or amended by way Article no: Ju2016.03e