FACTS ABOUT THE The fundamental laws – rules for society

It is the Government that represents when decisions are taken in the Council of the European Union. But the Government is accountable to the Riksdag and is obliged to keep the Riksdag informed of developments relating to the EU and its own work in the EU. PHOTO: MELKER DAHLSTRAND PHOTO: The Instrument of Government The most all-embracing fundamental law is the In- strument of Government. The Instrument of Govern- ment, the latest version of which came into force in 1974, sets out how democracy is to be implemented in Sweden. It also defines the distribution of power between the Riksdag, Government, local authorities, Most countries have a set of written fundamental laws administrative agencies and courts. containing the basic rules for society. Legislation of Democracy means government this type is also called a Constitution. The Swedish by the people. According to the Constitution consists of four fundamental laws: opening paragraph of the • the Instrument of Government Instrument of Govern- • the Freedom of the Press Act ment, “All public power • the Fundamental Law on in Sweden proceeds Freedom of Expression from the people”. This is implemented by • the Act of Succession. means of universal The fundamental laws are regarded as the highest suffrage, whereby level of public regulation and no other laws may con- all votes are of equal tradict them. The fundamental laws are intended to value, and through the safeguard democracy and are therefore more difficult freedom to express one’s to amend than other laws. An important reason for thoughts and opinions. this is that there needs to be time to reflect on chan- Democracy is, in other words, ges and the possible consequences of these changes. a way of making decisions, but it is also important In order to amend a fundamental law, the Riksdag that the decisions are democratic. This means that must vote in favour of the proposal for amendment they must be based on democratic ideas, such as the on two separate occasions. A parliamentary election equal value of all people. must be held between these two occasions. In con- nection with the parliamentary election, the Riksdag Fundamental aims can hold a referendum on the proposal. However, this Public power shall be exercised with respect for all possibility has never been made use of to date. people’s equal value and the liberty and dignity of the The Riksdag Act occupies an intermediate posi- individual. tion between fundamental law and ordinary law. It contains provisions on the organisation and working procedures of the Riksdag. The Sami Sweden’s membership of the European Union (EU) is enshrined in the Instrument of Government. As a result of Sweden’s EU membership, the Riksdag The Sami Parliament was established in 1993. has transferred some of its decision-making powers It has as its goal to safeguard, develop and to the EU. This is possible in matters not relating to coordinate all matters concerning Sami areas the principles for how the country is governed and of interest. It does not have power of taxation that do not conflict with the European Convention on and cannot adopt laws. Human Rights. 2 Facts about the Riksdag The fundamental laws

The fundamental aims are the personal, economic The equality of all persons before the law and cultural welfare of the individual. The right of Sweden is a state governed by the rule of law. This the individual to work, housing and education is also means that everyone shall be treated equally before highlighted. Society shall also promote social care the law and the courts and administrative authorities and social services as well as favourable conditions shall be objective and impartial. The courts, adminis- for good health. Promoting sustainable development trative authorities, Riksdag and Government are also for a good environment is another goal. obliged to follow the law. Society shall also work to combat all forms of Neither the Riksdag nor the Government may discrimination. intervene in the decisions of the courts. Nor may they The Sami people, as well as ethnic, linguistic and intervene in decisions by administrative authorities religious minorities in Sweden shall have the oppor- regarding matters relating to individuals or local tunity to preserve and develop a cultural and social authorities. life of their own. One example of this is the Sameting, The Government submits certain legislative pro- which is the Sami parliament. posals for legal review to the Council on Legislation. This is an independent body which examines the Citizens’ rights and compliance of the proposals with the fundamental freedoms laws and with the judicial system in general. A funda- mental Representative democracy right in a The Instrument of Government emphasises the fact democracy that Sweden is a representative democracy. This is that citizens can means that the people choose their representatives express themsel- in the Riksdag, and municipal and county councils ves freely in speech, at general elections. The elected representatives – the writing and in pictu- politicians – are accountable to the voters for their res. They must also decisions. The work of the politicians is carried out in be entitled to convey the public eye and their actions can be examined. information and express The principle of all power proceeding from the thoughts, opinions and people is realised by means of our parliamentary feelings in other ways. system of government. At the centre of this system is Everyone must also be the Swedish parliament – the Riksdag. The Riksdag entitled to procure and adopts laws, and determines central government taxes receive information. They must have the right to and how central government funding shall be used. organise and participate in demonstrations in public The Government governs the country and is places and to join associations and organisations. It accountable to the Riksdag. The Government must must also be permitted to practise one’s religion, alone enjoy the confidence of the Riksdag or at least be or together with others. accepted by the Riksdag in order to remain in power. The Instrument of Government contains a list This is known as the principle of parliamentary of the freedoms and rights that all Swedish citizens government. and others enjoy. Many of these rights and freedoms are absolute and can only be changed by means of 349 members of the Riksdag elected amendments to fundamental law. It is, for example, every four years only possible to abolish the ban on capital punish- Every four years, 349 members are elected to the ment or corporal punishment by amendments to Riksdag in free and secret elections, in accordance fundamental law. One right that can be changed by with the Instrument of Government. This means that means of ordinary legislation is the protection against the elections shall be held without external pressure secret monitoring of telephone conversations etc. In and that voters cast their vote behind a screen where most cases, the rights and freedoms set out in the nobody can see how they vote. All Swedish citizens fundamental laws also apply to foreign citizens who who have reached the age of 18 are entitled to vote are resident in Sweden. and are also eligible for election to the Riksdag. The fundamental laws Facts about the Riksdag 3

The Prime Minister appoints thority under the Riksdag which examines all central the Government ministers government activities and ensures that these are car- The Government consists of the Prime Minister and a ried out efficiently. number of ministers. To be a minister, it is necessary to be a Swedish citizen. International relations After an election, it is the Speaker of the Riks- It is the Government that enters into international dag who consults the party leaders and proposes a agreements with other countries and international candidate for Prime Minister. When the Riksdag has organisations. The Government discusses and seeks approved the Speaker’s proposal, the Prime Minister support for its foreign policy from the members of appoints the other Government ministers. the Riksdag in the Advisory Council on Foreign According to the Instrument of Government, Affairs. Many agreements require a decision from the Sweden is a monarchy where the head of state is a Riksdag, for example when an amendment to law or a king or queen without political power. new law is required.

Central government income and expenditure Freedom of the press and It is the Riksdag that makes decisions concerning freedom of expression central government taxes, and every autumn it deter- mines the central government budget for the coming Sweden was the first country year. The Government is responsible for and controls in the world to include free- central government assets. However, the Govern- dom of the press and free- ment is always obliged to act in accordance with the dom of expression in its Riksdag’s decisions. fundamental laws. This The Riksbank is an authority under the Riksdag. occurred as early as The Riksbank is the central bank of Sweden and is the 18th century. Our thus responsible for monetary policy and has the current Freedom of exclusive right to issue coinage and banknotes. the Press Act dates from 1949. Local self-governance In order to pro- Decisions in municipalities, county councils and re- tect the freedom of expression in radio, TV, film and gions are also made by elected politicians. Municipa- sound recordings, a new fundamental law, the Funda- lities, county councils and regions deal with regional mental Law on Freedom of Expression, was adopted matters that are of public interest or decided in law. in 1991. This law also applies to digital media. They also have the right to levy tax. The rules on freedom of the press and freedom of expression exist to enable people to freely express Control of political power what they feel and think, to discuss and spread their The Government is accountable to the Riksdag, and opinions. This is a precondition for the free exchange the Riksdag examines how the country is run and of information. A condition is, however, that this is managed. It carries out its control by means of the done without insulting or offending anyone. Committee on the Constitution which examines how the ministers perform their official duties and how A common foundation the Government deals with its business. The Riksdag Both the Freedom of the Press Act and the Funda- can decide on a declaration of no confidence in a mental Law on Freedom of Expression contain a ban minister. If crime is suspected, the Committee on the on censorship. However, based on the Fundamental Constitution can consider whether criminal proceed­ Law on Freedom of Expression, a special law has ings should be instituted. been adopted stipulating that all films to be shown The opportunity for members of the Riksdag to to children under the age of 15 at a public screening put questions to the ministers is another way for the must first be classified by the Swedish Media Council. Riksdag to scrutinise the work of the Government. The Freedom of the Press Act and Fundamental The Parliamentary Ombudsmen examine how Law on Freedom of Expression also provide a protec- laws and other statutes are applied in public sector tion of sources. This means that a person providing activities. The National Audit Office is another au­ information for publication has the right to be anon­ 4 Facts about the Riksdag The fundamental laws

Officials and others working for central or local Amendments to the Constitution government have the right to disclose what they know to outsiders. They also have the right to provide Here are some examples of major amendments information to the media (freedom to communicate that have been made to the fundamental laws: information). Public sector employees have a duty of confiden- 1866 The Riksdag of the Estates becomes the tiality as regards secret material. They do, however, two-Chamber Riksdag have the right to provide information to the media 1909 The majority of men are given the right for publication, with certain exceptions. to vote Local authority activities are increasingly being 1921 Women are given the right to vote run in corporate form. The rules on the freedom to 1921 Capital punishment in times of peace is communicate information have therefore also been abolished extended to apply to employees at municipal founda- tions, companies and associations. 1973 Capital punishment in times of war is Court proceedings are open to the public. This abolished means that the public and the media have the right 1975 The King loses all political power to attend. However, some proceedings may be held 2000 The Church is separated from the State behind closed doors when they concern information 2010 A vote on the Prime Minister is to be that is subject to secrecy, or when the court makes a held after each election decision. Some documents are secret ymous. Journalists are therefore bound by a duty of In certain cases, official documents may be kept se- confidentiality and are not permitted to disclose who cret, for example in the interests of national security has provided information to them. It is also forbidden or in relation to another state. Protection of Sweden’s for authorities to try to find out who the source is and financial, monetary or currency policy, or prevention threaten with reprisals. or punishment of crime are other examples of matters that may be kept secret. Abuse leads to legal action A person who abuses the freedom of the press can be The Act of Succession sentenced for a freedom of the press offence. The Act of Succession from 1810 Offences against the security of the realm and regulates who may succeed to agitation against a population group are freedom of the throne. Since 1979, both sons the press offences. In certain cases, defamation and and daughters of the King have insults against a specific individual may also be consi- had this right. A condition for dered freedom of the press offences. a prince or princess to retain During a trial of a freedom of the press case, a the right to the throne is that group of individuals who are not lawyers – a jury they have the Government’s – normally takes part. If the jury acquits, the court consent when they get married. must accept the outcome. Another condition is that the royal family professes the Protestant faith on which the Right to transparency is based. The public and the media are entitled to an unim­ peded view of central and local government activities. Read more Fact sheet six of a series • March 2019 This right is set out in the Freedom of the Press Act and anyone is free to access the authorities’ official • The fundamental laws are available in full text on documents on paper or in another format. the Riksdag website • The Constitution of Sweden

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