Regeringsformen
| Basic data | |
|---|---|
| Title: | Regeringsformen |
| Scope: | Kingdom of Sweden |
| SFS : | 1974: 152 |
| Date of law: | February 28, 1974 |
| Last revision: | 2002 (SFS 2002: 909) |
| Last change by: | SFS 2014: 1385 |
| Please note the information on the applicable legal version ! | |
Regeringsformen ( RF - "the form of government") from 1974 is one of the four basic Swedish laws; see. Constitution of Sweden . The Regeringsform defines the basic rights of the citizens and the political organization.
Content (shortened)
Chapter 1
The first chapter stipulates that the state authority emanates from the people and is exercised representative through the Reichstag (riksdag) . Here it is also stated that Regeringsformen, Successionsordningen , Tryckfrihetsförordningen and Yttrandefrihetsgrundgrund are Sweden's basic laws. The chapter also contains a prohibition of discrimination. It also stipulates the right of the Sami and other ethnic, linguistic and religious minorities to maintain their traditions and stipulates that Sweden is a member of the European Union. It is also stated that the king or the regent determined by the succession order (Successionsordningen) is Sweden's head of state (statschef) .
Chapter 2
This chapter defines the basic rights:
- freedom of speech
- Freedom of movement and the fundamental right to physical integrity
- Legal certainty and equality before the law
- Right to strike
- Inviolability of property and everything
- Intellectual Property Protection
- Compulsory education and the right to free education
- Conditions for any restrictions on these fundamental rights.
In principle, the basic rights also apply to foreigners, but Section 25 allows certain restrictions for people who are not Swedish citizens.
Freedom of expression is regulated in detail in Tryckfrihetsförordningen (for printed documents) and Yttrandefrihetsgrundlagen (for other media).
Chapters 3 and 4
Chapter 3 regulates the election to the Reichstag and contains basic provisions on the work of the Reichstag. Detailed provisions can be found in Chapter 4 and in the working order of the Reichstag. The term of office extends from the first session of the elected Reichstag to the first session of the newly elected Reichstag. The elections to the Reichstag take place every fourth year on the second Sunday in September (the latter is stipulated in the electoral law). The Swedish constitution does not provide for the dissolution of the Reichstag. The government can resolve extraordinary new elections; In this case too, the mandate of the Reichstag deputies does not end until the first session of the new Reichstag. The formal resolution of a new election can be made no earlier than three months after the first session of a newly elected Reichstag.
Further chapters
The fifth chapter deals with the functions of head of state ( statschef, King of Sweden ) and its representation. Chapter 6 regulates the choice and duties of the government. The Prime Minister ( State Minister ) must be confirmed in office after a Reichstag election. The vote of confidence must take place within two weeks of the first session of a newly elected Reichstag. According to the regulations in Regeringsformen, the Prime Minister is in office until he is voted out by a majority in the Reichstag. This regulation explains the phenomenon that is common in Sweden that a minority government can easily survive several mandate periods - most recently the governments under Ingvar Carlsson and Göran Persson from 1994 to 2006 - since the prime minister can only be voted out by unanimous voting of the parties not represented in the government would. If the Prime Minister is voted out, the Reichstag has to elect a successor. The President of the Reichstag (riksdagens talman) proposes a candidate after consulting with representatives of all parties. This is considered elected if less than half of the MPs vote against the candidate. After four unsuccessful election attempts, a new Reichstag election must take place.
The mandatory vote of confidence after a Reichstag election was newly introduced in 2011; the rule came into effect for the first time after the Reichstag election on September 14, 2014.
The chapter also contains a regulation on the Deputy Prime Minister. This is the longest serving minister, unless the prime minister has appointed another minister as deputy. In the case of two ministers with the same length of service, age is decisive. The title vice minister of state does not appear in the constitution and has no practical meaning. However, until 2014 it was customary for the alternate to receive this title. Stefan Löfven has deviated from this practice and has appointed ministers as deputy ministers who were not his deputies.
Changes to the Basic Laws
According to Chapter 8 in Regeringsformen, an amendment to the Basic Law requires two identical Reichstag resolutions, between which a Reichstag election must take place. In addition, the first resolution document must be submitted to the Reichstag no later than nine months before the Reichstag election. In contrast to the German Basic Law, there are no "protected" articles. General human rights and the democratic form of government can therefore be abolished with the normal procedure for changing the Basic Law.
Transfer of decision-making rights to the European Union
Pursuant to Chapter 9, the Reichstag can transfer the right to pass resolutions on issues relating to domestic policy to organs of the European Union. This excludes rules that affect the Swedish political system. There are two procedures for such a transfer of decision-making rights. The Reichstag can resolve the transfer with at least three quarters of the votes cast and at least half of the votes of all members of the parliament. Alternatively, the same resolution can be chosen as for an amendment to the Basic Law.
Ban on influencing administrative authorities
According to Chapter 12 in Regeringsformen, the Reichstag and all authorities (including the government and the individual ministers) are expressly prohibited from exerting influence on decisions by administrative authorities in individual cases ( ministerstyre ). The ministers therefore have no authority to issue instructions or to change the decisions of subordinate authorities.
Web links
literature
- N. Stjernquist, N. Isberg, G. Regner: Vår författning . Norstedts Juridik AB, 2003, ISBN 978-9-13-920334-6 (Swedish).
- B. Lundell, H. Strömberg: Sveriges författning . Student literature AB, 2011, ISBN 978-9-14-407530-3 (Swedish).
Individual evidence
- ↑ Disproportionately easy to vote out Swedish democracy. Dagens Nyheter , March 25, 2018 (Swedish).