Constitution

Sweden 1974 Constitution (reviewed 2012)

Table of Contents

Chapter 3. Introduction of business

Part 1. Government bills

Article 1

The Government submits a proposal to the Riksdag in the form of a Government bill.

A Government bill shall include the Government minutes in the matter, an account of the preparation of the matter and a motivation of the proposal. Bills containing proposals for legislation shall include the opinion of the Council on Legislation, if such exists.

Supplementary provision 3.1.1

A Government bill is delivered to the Secretariat of the Chamber. It is notified by the Speaker to a meeting of the Chamber after copies have been made available to members in printed form.

Part 2. The Budget Bill

Article 2

The budget year starts on 1 January. Prior to this date, the Government shall submit a bill setting out proposals for State revenue and expenditure for the budget year (the Budget Bill).

The Budget Bill shall contain a budget statement and a budget proposal. If the Riksdag has approved the allocation of State spending to expenditure areas under the rules laid down in Chapter 5, Article 12, the Budget Bill shall include an allocation of appropriations according to these expenditure areas.

A bill relating to State revenue or expenditure for the coming budget year may be submitted subsequent to the Budget Bill only if the Government considers that exceptional economic policy grounds exist for such action.

A bill containing proposals for a new or significantly increased appropriation, or guidelines under Chapter 9, Article 6 of the Instrument of Government for State activities covering a period exceeding that to which the appropriation for the activity relates, should contain an estimate of future costs connected with the activity to which the proposal relates. If a proposal concerning an appropriation is based on a plan covering a period exceeding the period for which the appropriation has been calculated in the bill, the plan should be described.

Supplementary provision 3.2.1

The Budget Bill shall be submitted no later than 20 September in years in which there is no election to the Riksdag in September. In other cases, the Budget Bill shall be submitted no later than one week after the opening of the Riksdag session. If this is impossible due to a change of Government, the Budget Bill shall be submitted within ten days from the date on which a new Government takes office, but no later than 15 November.

Supplementary provision 3.2.2

The Government shall submit a bill no later than 15 April each year setting out proposals for guidelines for future economic and budgetary policy (the Spring Fiscal Policy Bill).

Supplementary provision 3.2.3

Further rules concerning the budget process are laid down in the Act on the National Budget (SFS 1996:1059).

Part 3. Times for submission of bills

Article 3

In response to a proposal from the Speaker, the Riksdag determines the latest date on which bills which, in the Government’s view, should be considered during the current session may be submitted. If a particular date is prescribed in this Act, that date however applies.

Article 4

A decision under Article 3 does not apply:

  • in respect of a bill whereby, pursuant to law, the Government seeks the approval of the Riksdag for a statutory instrument which has already been issued; or
    if the Government considers that exceptional grounds exist for submitting a bill at a later date.

Article 5

The Government should time the submission of its bills so as to prevent, if possible, an accumulation of business in the Riksdag. The Government shall confer with the Speaker in this connection.

Part 4. Written and oral information from the Government

Article 6

The Government may communicate information to the Riksdag by means of a written communication or an oral statement delivered by a minister at a meeting of the Chamber.

Supplementary provision 3.6.1

A written communication is delivered to the Secretariat of the Chamber. It is notified by the Speaker to a meeting of the Chamber after copies have been made available to members in printed form.

Supplementary provision 3.6.2

If a minister intends to deliver an oral statement at a meeting of the Chamber, a note to this effect should be entered in the order paper for the meeting concerned.

Supplementary provision 3.6.3

The Government shall report to the Riksdag in a written communication delivered each year no later than 1 March concerning the work of the commissions appointed by Government decision.

Part 5. Committee initiatives

Article 7

A Riksdag committee is entitled to introduce proposals in the Riksdag on any matter falling within its remit (committee initiative). A committee initiative takes the form of a committee report.

The Committee on Finance is entitled, for purposes of economic policy, to introduce proposals in the Riksdag also on a matter falling within the remit of another committee.

Part 6. Submissions and reports from Riksdag bodies

Article 8

The Riksdag Board, the General Council and Executive Board of the Riksbank, the Parliamentary Ombudsmen and the Auditors General may make submissions to the Riksdag in matters affecting the competence, organisation, personnel or working procedures of the body concerned.

The Riksdag may prescribe that the Riksdag Board, the General Council and Executive Board of the Riksbank and the Parliamentary Ombudsmen may make submissions to the Riksdag also in other cases.

Special provisions concerning reports to the Riksdag by a Riksdag body other than a committee are laid down in law.

The provisions of paragraph one apply also to each individual Auditor General at the National Audit Office. Further provisions concerning such submissions are laid down in the Act with Instructions for the National Audit Office (SFS 2002:1023).

Supplementary provision 3.8.1

A submission or a report from a Riksdag body is delivered to the Secretariat of the Chamber. It is notified by the Speaker to a meeting of the Chamber after copies have been made available to members in printed form.

Supplementary provision 3.8.2

The Riksdag Board may make submissions to the Riksdag on issues concerning the conduct of Riksdag business or other questions coming within the Board’s remit. The Board may also in other cases make submissions to the Riksdag on issues concerning the Riksdag or Riksdag bodies, if the submissions are based on proposals emanating from commissions appointed by the Board on instructions from the Riksdag.

Supplementary provision 3.8.3

The General Council and Executive Board of the Riksbank may make submissions to the Riksdag within their areas of competence.

Supplementary provision 3.8.4

The Chief Parliamentary Ombudsman and the Parliamentary Ombudsmen may make submissions to the Riksdag on account of an issue which has arisen in their supervisory activities. Further provisions concerning such submissions are laid down in the Act with Instructions for the Parliamentary Ombudsmen (SFS 1986:765).

Supplementary provision 3.8.5

Each individual Auditor General may make submissions to the Riksdag on account of the audit statements relating to the annual accounts of the State, the Riksbank and the Riksbank Tercentenary Foundation.

Part 7. Audit reports from the Auditors General

Article 8a

Each individual Auditor General delivers his or her audit reports on the performance audit to the Riksdag.

The Auditors General deliver the annual report with the most significant observations from the performance audits and the annual report to the Riksdag.

Supplementary provision 3.8a.1

An audit report and the annual report are delivered to the Secretariat of the Chamber. They are notified by the Speaker to a meeting of the Chamber after copies have been made available to members in printed form.

Supplementary provision 3.8a.2

The annual report is delivered in the form of a report.

Part 8. Private members’ motions

Article 9

A member of the Riksdag submits a proposal to the Riksdag in the form of a private member’s motion.

Proposals on matters of varying nature shall not be combined in one and the same private member’s motion.

Supplementary provision 3.9.1

A private member’s motion is delivered to the Secretariat of the Chamber no later than 4.30 p.m. on the last day on which motions may be submitted. Private members’ motions should indicate the party to which the member submitting the motion belongs.

Private members’ motions are notified to the Chamber by the Speaker.

Part 9. General period for the introduction of private members’ motions

Article 10

Private members’ motions may be introduced once a year on any question falling within the jurisdiction of the Riksdag (the general period for the introduction of private members’ motions).

Unless otherwise determined by the Riksdag in response to a proposal from the Speaker, the general period for the introduction of private members’ motions runs from the start of a Riksdag session which opens in August, September or October and continues as long as private members’ motions may be introduced on account of the Budget Bill.

Part 10. Private members’ motions arising out of a Government bill etc.

Article 11

Private members’ motions arising out of a Government bill, a written communication from the Government, a submission or a report from a Riksdag body other than a committee may be introduced within fifteen days from the date on which the bill, written communication, submission or report was notified to the Chamber. If a bill or a submission must be dealt with promptly, the Riksdag may, if it finds that there are exceptional grounds for so doing, decide to curtail the period during which private members’ motions may be introduced, in response to a proposal from the Government or the Riksdag body which made the submission. If there are special grounds, the Riksdag may decide, in response to a proposal from the Speaker, to extend the period during which private members’ motions may be introduced.

Supplementary provision 3.11.1

A proposal to extend the period during which private members’ motions may be introduced must be submitted no later than the second meeting following the meeting at which the bill, written communication, submission or report was notified to the Chamber. A decision in favour of an extension is taken no later than the next following meeting.

Part 11. Private members’ motions arising out of a deferral

Article 12

If consideration of a Government bill, a written communication from the Government or a submission or a report from a Riksdag body other than a committee has been deferred from one electoral period to the next, private members’ motions arising out of the bill, written communication, submission or report may be introduced within seven days from the start of the new electoral period.

Part 12. Private members’ motions arising out of an occurrence of major significance

Article 13

Private members’ motions arising out of an occurrence of major significance may be introduced jointly by at least ten members, if the event could not have been foreseen or taken into account during the general period for the introduction of private members’ motions, or any other period for the introduction of private members’ motions set out in this Chapter.

Part 13. Notification of decisions held in abeyance and exceptions from a respite

Article 14

The Committee on the Constitution shall notify to the Chamber for final approval decisions on matters of fundamental law or relating to the Riksdag Act which have been held in abeyance over an election. If, under provisions of the Instrument of Government, the procedure laid down for the amendment of fundamental law or of the Riksdag Act shall be applied in any other case, the decision which is being held in abeyance shall be notified to the Chamber by the committee within whose remit the matter falls.

The Committee on the Constitution shall furthermore notify the Chamber of a decision concerning an exception from the respite prescribed for the introduction of a proposal which shall be taken in accordance with the procedure laid down in Chapter 8, Article 14 of the Instrument of Government.

Part 14. Documents from the EU

Article 14a

Green and white papers that are forwarded to the Riksdag shall be considered by the Riksdag in accordance with the provisions laid down in Chapter 10, Article 5. The same applies to such other documents from the European Union, other than draft legislative acts, whose consideration in this manner shall be determined by the Speaker, after consultation with the special representatives of the party groups. In accordance with Chapter 10, Article 6, the Riksdag shall examine whether draft legislative acts conflict with the principle of subsidiarity.

In the manner laid down in Chapter 10, Article 8, the Riksdag shall approve or reject initiatives from the European Council to decide on an authorisation for the Council to amend the decision-making procedure in a particular area or in a particular case from unanimity to a qualified majority or from a special legislative procedure to the ordinary legislative procedure. In the same manner, the Riksdag shall approve or reject proposals from the European Commission to specify aspects of family law that have cross-border consequences and that can be the subject of legislative acts adopted in accordance with the ordinary legislative procedure.

Part 15. Motions calling for a referendum on a matter of fundamental law or for a declaration of no confidence

Article 15

A motion calling for a referendum on a matter of fundamental law or for a declaration of no confidence shall be put forward at a meeting of the Chamber. The motion shall be delivered in writing as soon as it has been put forward.

Part 16. Application for consent to prosecution or deprivation of liberty

Article 16

If a prosecutor calls for the consent of the Riksdag under Chapter 4, Article 12, paragraph one of the Instrument of Government to take legal action against a member of the Riksdag or deprive him or her of his or her personal liberty, the prosecutor shall make a written application to the Speaker to this effect. The same procedure shall apply if any other person seeks the consent of the Riksdag to the prosecution of a member of the Riksdag on grounds of his or her actions.

If the application document is so incomplete that it cannot be used as a basis for consideration by the Riksdag, or if the applicant has failed to demonstrate that he or she is competent to raise charges or apply for such action to be taken by a public authority, the Speaker shall reject the application. In any other case the Speaker shall notify the matter to a meeting of the Chamber.

Supplementary provision 3.16.1

An applicant shall state in the application document the circumstances on which the application is based.

Part 17. Withdrawals

Article 17

A Government bill, a written communication from the Government, a submission or a report from a Riksdag body other than a committee or a private member’s motion may be withdrawn until a committee report has been presented on the matter. A draft law held in abeyance for a minimum of twelve months under Chapter 2, Article 22, paragraph one of the Instrument of Government may be withdrawn until a new committee report has been presented under Chapter 4, Article 9, paragraph four of this Act.

If a bill, a written communication, a submission or a report has been withdrawn, private members’ motions arising out of the bill, written communication, submission or report shall lapse.

If a bill, a written communication, a submission or a report has been withdrawn, private members’ motions arising out of the withdrawal may be introduced within seven days from the date on which the withdrawal was notified to the Chamber.

Supplementary provision 3.17.1

Withdrawal of a bill, a written communication, a submission or a report shall take the form of a written communication containing a statement of withdrawal, which is delivered to the Secretariat of the Chamber. A withdrawal of a private member’s motion is delivered in writing to the Secretariat of the Chamber. The Speaker cancels bills, written communications, submissions, reports and private members’ motions which have been withdrawn, or which have lapsed as a result of a withdrawal, and notifies the Chamber accordingly. If the bill, written communication, submission, report or private member’s motion has been referred to a committee, the committee shall be informed of its cancellation.

Part 18. Calculation of statutory time limits

Article 18

The provisions generally applying to the calculation of statutory time limits shall apply also to time limits within which action shall be taken under a provision of this Chapter.