Constitution

Sweden 1974 Constitution (reviewed 2012)

Table of Contents

Chapter 8. Certain bodies and officials

Part 1. Election of Speakers

Article 1

Elections of a Speaker and First, Second and Third Deputy Speakers under Chapter 4, Article 2 of the Instrument of Government shall be held at the first meeting of the Chamber in the Riksdag electoral period and are valid until the end of the electoral period. The Speakers are elected individually in the above order.

If the election is held by secret ballot, the candidate who receives more than half the votes cast is elected. If no such majority is obtained, a new election is held. If no candidate receives more than half the votes cast on this occasion either, a third election is held between the two candidates obtaining the highest number of votes in the second election. The person receiving the most votes in the third election is elected.

Part 2. Election of chair and deputy chair of the Election Review Board

Article 2

Rules concerning the election of the chair of the Election Review Board are laid down in Chapter 3, Article 12 of the Instrument of Government.

The Riksdag appoints a deputy for the chair of the Election Review Board by means of a separate election. The rules laid down in Chapter 3, Article 12 of the Instrument of Government concerning the chair apply also to the deputy.

When a chair or deputy chair is elected by secret ballot the procedure laid down in Article 1, paragraph two, is applied.

Part 3. Election of a Regent

Article 3

At an election by secret ballot of a Regent or a Deputy Regent under Chapter 5, Article 5 of the Instrument of Government, or a person qualified to hold office as a Regent ad interim under Chapter 5, Article 7 of the Instrument of Government, the procedure laid down in Article 1, paragraph two, is applied. The election is valid until the Riksdag determines otherwise.

Part 4. The Ministerial Remunerations Board

Article 4

The Ministerial Remunerations Board consists of a chair and two other members. These are elected individually by the Riksdag after each ordinary election to the Riksdag and serve until a new election for the Board has been held. No deputy members are appointed.

If, for reasons of ill health or for any other reason, a member is prevented from performing his or her duties, the Riksdag elects a replacement to serve in his or her place for as long as the problem persists.

Supplementary provision 8.4.1

Elections of members of the Ministerial Remunerations Board are prepared by the Committee on the Constitution.

Part 5. The Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General

Article 5

The Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General consists of a chair and two other members. These are elected individually by the Riksdag after each ordinary election to the Riksdag and serve until a new election for the Board has been held. No deputy members are appointed.

If, for reasons of ill health or for any other reason, a member is prevented from performing his or her duties, the Riksdag elects a replacement to serve in his or her place for as long as the problem persists.

Supplementary provision 8.5.1

Elections of members of the Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General are prepared by the Committee on the Constitution.

Part 6. International delegations

Article 6

If an international agreement has been concluded with effect that the Riksdag shall appoint a delegation to an international organisation from among its members, rules concerning this may be laid down in a supplementary provision of this Article.

Supplementary provision 8.6.1

The Riksdag elects twenty members of the Swedish Delegation to the Nordic Council. The Delegation is elected for each session of the Riksdag. The Delegation shall report annually to the Riksdag on its activities.

Supplementary provision 8.6.2

The Riksdag elects six members of the Swedish Delegation to the Council of Europe. The Delegation is elected for the period from 1 November of the year in which an election to the Riksdag has been held until the corresponding date following the next election. A member or a deputy member of the Swedish Delegation to the Council of Europe who has left the Riksdag in conjunction with an election to the Riksdag may continue to serve for the remainder of the Delegation’s term of office.

The Delegation shall report annually to the Riksdag on its activities.

Supplementary provision 8.6.3

The Riksdag elects eight members of the Swedish Delegation to the Organization for Security and Co-operation in Europe. The Delegation is elected for the electoral period of the Riksdag.

The Delegation shall report annually to the Riksdag on its activities.

Part 7. Election of the General Council of the Riksbank

Article 7

Elections of members of the General Council of the Riksbank under Chapter 9, Article 13 of the Instrument of Government are valid for the electoral period of the Riksdag.

Supplementary provision 8.7.1

A member of the General Council of the Riksbank:

  • may not be a minister;
    may not be a member of the Executive Board of the Riksbank;

    may not be a board member or deputy board member of a commercial bank or other undertaking coming under the supervision of the Financial Supervisory Authority;

    may not hold any other employment or appointment which renders him or her unsuitable for appointment as a member of the General Council.

Nor may a member of the General Council be a minor, an undischarged bankrupt, debarred from trading or placed under administration under Chapter 11, Article 7 of the Parental Code.

If a member accepts an employment or an appointment such that it may conflict with the rules of paragraph one, the Riksdag shall remove the member from his or her appointment to the General Council in response to a proposal from the Committee on Finance. Any employment or appointment accepted by a member of the General Council shall be reported to the Riksdag.

Part 8. The Advisory Council on Foreign Affairs

Article 8

Elections of members of the Advisory Council on Foreign Affairs under Chapter 10, Article 12 of the Instrument of Government are valid for the electoral period of the Riksdag.

A Deputy Speaker shall act as deputy for the Speaker on the Advisory Council on Foreign Affairs. The number of deputy members elected shall be nine.

Article 9

The Advisory Council on Foreign Affairs meets behind closed doors. The Prime Minister may permit also a person other than a member, deputy member, minister or official to be present.

Supplementary provision 8.9.1

A record shall be kept of meetings of the Advisory Council on Foreign Affairs. The Secretary of the Council is appointed by the Government.

Deputy members of the Advisory Council shall always be notified of meetings of the Council.

Supplementary provision 8.9.2

A member, deputy member or official present for the first time at a meeting of the Advisory Council on Foreign Affairs shall affirm that he or she will abide by the duty of confidentiality under Chapter 10, Article 12 of the Instrument of Government.

Article 10

The Advisory Council on Foreign Affairs convenes in response to a summons from the Speaker or, in his or her absence, a Deputy Speaker, or in response to a summons from two other members of the Council, for the purpose of ordering the War Delegation to replace the Riksdag under Chapter 15, Article 2 of the Instrument of Government. The proceedings are conducted by the Speaker, by a Deputy Speaker or, if none is present, by that member among those present who has been a member of the Riksdag longest. If two or more members have been members of the Riksdag equally long, the member who is senior in age has precedence. In the event of a tied vote when a vote is held on a decision, the opinion in which the chair concurs shall prevail.

Part 9. The Parliamentary Ombudsmen

Article 11

The Riksdag elects Ombudsmen under Chapter 13, Article 6 of the Instrument of Government to supervise the application of laws and other statutes in public activities. The Parliamentary Ombudsmen shall be four in number, one Chief Parliamentary Ombudsman, and three Parliamentary Ombudsmen. The Chief Parliamentary Ombudsman shall act as administrative director and shall determine the main thrust of the Ombudsmen’s activities. The Riksdag may in addition elect one or more Deputy Ombudsmen. A Deputy Ombudsman shall have held office previously as a Parliamentary Ombudsman.

The Chief Parliamentary Ombudsman, the other Parliamentary Ombudsmen and the Deputy Ombudsmen are elected individually. When an Ombudsman is elected by secret ballot, the procedure laid down in Article 1, paragraph two, is applied.

A Parliamentary Ombudsman is elected for the period from the date of his or her election, or such later date as the Riksdag may determine, until a new election has been held in the fourth year thereafter and the person then elected has assumed office. The election shall however never be valid beyond the end of that year. A Deputy Ombudsman is elected for a period of two years from the date of his or her election, or such later date as the Riksdag may determine. In response to a proposal from the Committee on the Constitution, the Riksdag may however remove from office prior to that date a Parliamentary Ombudsman or a Deputy Ombudsman who has forfeited the confidence of the Riksdag.

If a Parliamentary Ombudsman retires ahead of time, the Riksdag shall elect a successor without delay to serve for a new four-year period.

Supplementary provision 8.11.1

The Committee on the Constitution shall confer with a Parliamentary Ombudsman on working procedures and other matters of an organisational nature, either on its own initiative, or at the request of one of the Parliamentary Ombudsmen.

Supplementary provision 8.11.2

The election of a Parliamentary Ombudsman or a Deputy Ombudsman is prepared by the Committee on the Constitution.

Part 10. The National Audit Office

Article 12

The Riksdag shall elect three Auditors General, in accordance with Chapter 13, Article 8 of the Instrument of Government.

The Auditors General are elected individually. When an election is held by secret ballot, the procedure laid down in Article 1, paragraph two, is applied. Elections of Auditors General are valid from the date of election, or such later date as the Riksdag may determine, until a new election has been held in the seventh year thereafter and the person then elected has assumed office. The election shall however never be valid beyond the end of that year. An Auditor General may not be re- elected.

One of the Auditors General shall be Auditor General with administrative responsibility and shall be responsible for the administrative direction of the authority. The Riksdag determines which of the Auditors General shall assume this responsibility.

An Auditor General may not be an undischarged bankrupt, debarred from trading, or placed under administration under Chapter 11, Article 7 of the Parental Code. Nor may an Auditor General hold any employment or appointment or engage in any activity which might affect his or her independent status.

Supplementary provision 8.12.1.

Elections of Auditors General are prepared by the Committee on the Constitution.

Supplementary provision 8.12.2.

An Auditor General shall report in writing the following circumstances to the Riksdag:

  • any ownership of and changes regarding ownership of financial instruments under Chapter 1, Section 1 of the Financial Instruments Trading Act (SFS 1991:980);
    any agreement of a financial nature with a former employer, such as an agreement relating to salary or pension benefits paid during a period covered by his or her appointment at the National Audit Office;

    any paid employment which is not of a purely temporary nature;

    any independent income-generating activity pursued alongside his or her appointment as an Auditor General;

    any appointment at a municipality or county council, if the appointment is not of a purely temporary nature; and

    any other employment, appointment or ownership which might be presumed to affect the performance of his or her duties.

Article 13

The Riksdag may remove an Auditor General from office in response to a request from the Committee on the Constitution.

If an Auditor General retires ahead of time, the Riksdag shall elect a successor without delay to serve for a new seven-year period.

Article 14

The Riksdag elects the Parliamentary Council of the National Audit Office for the electoral period of the Riksdag. The Council consists of one member from each party group, which corresponds to a party which obtained at least four per cent of the national vote at the election to the Riksdag. No deputy members shall be appointed.

The Riksdag elects a chair and one or more deputy chairs from among the members of the Council. The chair and each deputy chair are elected individually.

Part 11. The War Delegation

Article 15

The Riksdag shall elect a War Delegation from among its members, in accordance with Chapter 15, Article 2 of the Instrument of Government.

The War Delegation consists of the Speaker as chair, and fifty other members elected by the Riksdag for the electoral period of the Riksdag.

A member of the Riksdag is eligible to be a member of the War Delegation irrespective of whether he or she is also a minister. No deputy members are appointed for the War Delegation. If a member is permanently prevented from attending after the War Delegation has replaced the Riksdag, another member of the Riksdag is appointed to replace him or her as laid down in Chapter 7, Article 12, paragraph one.

Supplementary provision 8.15.1

The chair and deputy chair of the War Delegation prepare the activities of the Delegation in the event of the Delegation replacing the Riksdag.

Supplementary provision 8.15.2

The rules laid down in Chapter 4, Article 13, paragraph one, sentence one, and paragraph two; and Supplementary provisions 4.12.1, paragraph two, 4.12.2 and 4.12.4 apply also to the War Delegation at a time when the Delegation is not acting in place of the Riksdag.

Part 12. Further rules

Article 16

The Riksdag may adopt more detailed rules concerning Riksdag bodies and appoint representatives in certain cases.

Supplementary provision 8.16.1

The Riksdag determines statutes for the Riksbank Tercentenary Foundation and elects twelve members of the Board of the Foundation in accordance with Article 3 of the Foundation’s statutes (RFS 1988:1).

The Foundation shall report annually to the Riksdag on its activities.

Supplementary provision 8.16.2

In accordance with Section 4 of the Act on the appointment of permanent salaried judges (2010:1390), the Riksdag elects two members to represent the public in the Committee on Judges and one personal substitute for each of them.