Constitution

Sweden 1974 Constitution (reviewed 2012)

Table of Contents

Chapter 10. Conduct of European Union business

Part 1. Information from the European Union

Article 1

The Riksdag receives written information about the work of the European Union from the Union’s institutions in accordance with the protocols to the treaties.

Part 2. Government’s obligation to inform the Riksdag of EU work

Article 2

In accordance with Chapter 10, Article 10 of the Instrument of Government, the Government shall keep the Riksdag continuously informed concerning developments within the framework of European Union cooperation.

The Government shall account to the Riksdag concerning its actions at the European Union and shall submit a written communication annually to the Riksdag reporting activities at the European Union.

Part 3. Government’s obligation to inform the Riksdag of its position regarding documents from the European Union

Article 3

The Government shall inform the Riksdag of its position regarding the documents put forward by the institutions of the European Union to the Riksdag and which the Government deems significant.

Part 4. Committees’ work with EU business

Article 4

The committees shall monitor activities at the European Union within the subject areas laid down for each committee in Chapter 4, Articles 4 to 6, and associated supplementary provisions.

The Government shall deliberate with the committees in matters concerning European Union business decided by the committees. The committees may decide that these deliberations are to be open to the public. Otherwise the provisions on meetings open to the public and meetings behind closed doors under Chapter 4, Article 13, and associated supplementary provisions shall apply.

If so requested by at least five members of a committee, the committee shall decide to hold deliberations with the Government under paragraph two. The committee may reject such a request if such action would so delay consideration of the matter that serious detriment would result. In such a case, the committee shall enter in the record its reasons for rejecting the request.

Rules concerning the obligation of the Government and other State authorities to furnish information concerning European Union business to the committees are laid down in Chapter 4, Article 11.

Part 5. Consideration of EU documents

Article 5

The Riksdag shall consider green papers and white papers which are forwarded to the Riksdag in the manner laid down in this paragraph. After conferring with the special representatives of the party groups, the Speaker may determine that other documents from the European Union, other than draft legislative acts, shall also be considered in this manner. In accordance with Chapter 4, Articles 1 and 7, the Chamber shall refer such a document to the relevant committee under Chapter 4, Articles 4 to 6, and associated supplementary provisions for examination.

The provisions of Chapter 4, Article 8, apply to the committee’s examination of the document. The committee shall obtain any necessary information from the Government.

The committee shall give an account of its examination in a statement to the Chamber. Chapter 4, Articles 15 and 16, apply to the decision regarding the statement.

The Chamber takes a decision on the statement in accordance with the rules laid down in Chapter 4, Article 10; Chapter 5, Articles 1, 3 to 7 and 10; and associated supplementary provisions.

Rules concerning the obligation of the Government and other State authorities to furnish information concerning European Union business to the committees are laid down in Chapter 4, Article 11.

Part 6. Subsidiarity control

Article 6

The Riksdag shall examine whether draft legislative acts conflict with the principle of subsidiarity.

In accordance with the provisions laid down in Chapter 4, Articles 1 and 7, the Chamber shall refer a draft to the relevant committee under Chapter 4, Articles 4 to 6, and associated supplementary provisions, for examination.

Chapter 4, Article 8 is applicable to the committee’s examination. Within two weeks from the day the committee so requests, the Government shall inform the committee of its assessment regarding the application of the principle of subsidiarity to the current draft.

If the committee considers that the draft conflicts with the principle of subsidiarity, the committee shall deliver a statement to the Chamber with a proposal that the Riksdag should send a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission. The committee shall also deliver a statement to the Chamber if so requested by at least five members of the committee. Otherwise the committee shall report to the Chamber by means of an extract from the minutes that the draft legislative act does not conflict with the principle of subsidiarity.

The provisions of Chapter 4, Articles 15 and 16 apply to the committee’s decision to deliver a statement. The Chamber makes a decision on the statement in accordance with the rules laid down in Chapter 4, Article 10; Chapter 5, Articles 1, 3 to 7 and 10; and associated supplementary provisions.

The Committee on the Constitution shall monitor the application of the principle of subsidiarity and shall inform the Chamber annually of its observations.

Part 7. Members of a convention for treaty amendments in the European Union

Article 7

From among its members the Chamber shall elect members and deputy members to conventions set up to prepare treaty amendments in the European Union. If an election to the Riksdag takes place while a convention is deliberating, the Riksdag shall elect new members and deputy members to the convention after the election to the Riksdag.

Otherwise the provisions of Chapter 7, Articles 2 to 5 and 7 apply to the election of convention members and Chapter 7, Article 9 to the duties of their deputies. Convention members shall present information about the work of the convention at meetings of the Chamber.

Part 8. Approval of certain initiatives from the European Union

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. The Riksdag shall similarly 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.

In accordance with Chapter 4, Articles 1 and 7, the Chamber shall refer initiatives to the relevant committee under Chapter 4, Articles 4 to 6, and associated supplementary provisions, for examination.

The provisions of Chapter 4, Article 8 apply to the committee’s consideration. The committee shall obtain the necessary information from the Government. The committee shall present its proposals for a decision in a statement to the Chamber.

The provisions of Chapter 4, Articles 15 and 16 apply to the decision to deliver a statement.

The Chamber makes a decision on the statement in accordance with the rules laid down in Chapter 4, Article 10; Chapter 5, Articles 1, 3 to 7 and 10; and associated supplementary provisions.

The Riksdag shall inform the Presidents of the European Council, the Commission and the Council of its decision to reject an initiative or a proposal by means of a written communication.

Part 9. The Committee on EU Affairs

Article 9

The Riksdag shall appoint from among its members for each electoral period a Committee on European Union Affairs (the Committee on EU Affairs) to confer with the Government under Chapter 10, Article 10 of the Instrument of Government.

The Committee on EU Affairs shall consist of an odd number of members, but no fewer than fifteen.

At meetings of the Committee on EU Affairs, each party group represented on the Committee has the right to substitute for one member of the Committee a member of the parliamentary committee whose field of responsibility is affected by the issues under consideration at the Committee’s deliberations with the Government. This right does not, however, apply to a party group which already has a member or deputy member on the Committee who is also a member of the parliamentary committee concerned.

Supplementary provision 10.9.1

The size of the Committee on EU Affairs is determined by the Riksdag in response to a proposal from the Nominations Committee.

Part 10. Government’s obligation to inform and consult the Committee on EU Affairs

Article 10

The Government shall inform the Committee on EU Affairs of matters which are to be decided by the Council of the European Union. The Government shall also consult the Committee regarding the conduct of negotiations in the Council prior to decisions in the Council.

The Government shall deliberate with the Committee on EU Affairs concerning other matters associated with the work of the European Union, if so requested by the Committee on special grounds. The Government shall consult the Committee prior to meetings of the European Council.

Part 11. Meetings of the Committee on EU Affairs

Article 11

The Committee on EU Affairs shall meet behind closed doors. The Committee may, however, determine that a meeting shall be open to the public, in whole or in part. The Committee may permit a person other than a member, deputy member, minister, official accompanying a minister or official of the Committee also to be present at a meeting behind closed doors.

A representative of a State authority shall not be obliged, during a public part of a meeting, to furnish information which is subject to secrecy rules at the authority.

Supplementary provision 10.11.1

The Committee on EU Affairs convenes for the first time within two days from its election in response to a summons from the Speaker. The Committee is convened thereafter by its chair. The chair shall convene the Committee if so requested by at least five members of the Committee.

A personal summons shall be sent to all members and deputy members. The summons should be posted, if possible, in the premises of the Riksdag no later than 6 p.m. on the day prior to the meeting.

Supplementary provision 10.11.2

Pending the election of a chair, that member from among those present who has been a member of the Riksdag longest presides. If two or more members have been members of the Riksdag equally long, the member who is senior in age has precedence.

Supplementary provision 10.11.3

Sound or video recordings may be made of a public part of a meeting of the Committee on EU Affairs unless otherwise determined by the Committee.

Supplementary provision 10.11.4

Special places shall be provided for the general public at a public part of a meeting of the Committee on EU Affairs. A member of the public who creates a disturbance may be ejected forthwith. In the event of disorder developing among the general public, the chair may have all the members of the public ejected.

A visitor attending a public part of a meeting of the Committee shall surrender, on request, his or her outdoor clothing, carrying bags, and any objects capable of being used to create a disturbance at the meeting. A person who fails to comply with such a request may be refused admission to the meeting. Personal possessions thus surrendered shall be stored in special accommodation for the duration of the visit.

Rules concerning security controls are laid down in the Act on Security Controls in the Riksdag (SFS 1988:144).

Part 12. Duty of confidentiality in the Committee on EU Affairs

Article 12

A member, deputy member, or official of the Committee on EU Affairs may not without authority disclose any matter which the Government, or the Committee, has determined shall be kept secret, with regard to the security of the Realm or for any other reason of exceptional importance arising out of relations with another state or an international organisation.

Part 13. Record of meetings of the Committee on EU Affairs

Article 13

A record shall be kept at meetings of the Committee on EU Affairs. A shorthand record shall be kept of statements made at meetings at which the Committee confers with the Government.

Transitional provisions

Part 1. Transitional provisions 1974

  1. This Riksdag Act supersedes the previous Riksdag Act.

Part 2. Transitional provisions relating to 2010 amendments

This Act comes into force on 1 July 2011 as regards supplementary provisions 4.6.9 and 4.6.11 and otherwise on 1 August 2010.

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