It follows from the provisions of Chapter 2 concerning Fundamental Rights and Freedoms that rules and regulations with a particular content may not be issued or may be issued only by means of an Act of law and that in certain cases draft legislation shall be dealt with in a particular way.
(1) Provisions relating to the personal status of private subjects or to their mutual personal and economic relations shall be laid down by law.
(2) These provisions include inter alia:
- provisions concerning Swedish citizenship;
- provisions concerning the right to a family name, or concerning marriage and parenthood, wills and inheritance, or family affairs in general; and
- provisions concerning the right to fixed and movable property, concerning contracts, and concerning companies, associations, communities and foundations.
(1) Provisions concerning the relations between private subjects and the public administration which relate to obligations incumbent upon private subjects or which otherwise interfere in the personal or economic affairs of private subjects shall be laid down by law.
(2) These provisions include inter alia provisions concerning criminal acts and the legal consequences of such acts, provisions concerning taxes payable to the State, and provisions concerning requisitions and other such dispositions.
Provisions concerning consultative referenda throughout the whole of the country and concerning the procedure for holding referenda on matters concerning the fundamental laws shall be laid down by an Act of law.
Principles governing changes in the division of the country into local government communes, and governing the organization and working methods of the communes and local taxation shall be laid down by law. Provisions governing the powers and responsibilities of the communes in other respects shall likewise be laid down by law.
(1) When the Parliament is not in session, the Finance and Taxation Committees may. when authorized by a law relating to taxes other than taxes on income, wealth, inheritance or gifts, and at the proposal of the Government, determine tax levels or bring into force or abolish taxes referred to in such a law. Such authority may include the right to distinguish between different kinds of activities and different parts of the Realm. The Finance and Taxation Committees shall exercise their decision-making right in joint session. Any decision shall be made on behalf of the Parliament by law.
(2) Any law approved by the Finance and Taxation Committeesunder Paragraph (1) shall be submitted by the Government to the Parliament within one month of the start of the next Parliament session. The Parliament shall examine the law and make its decision within one month thereafter.
(1) Notwithstanding the provisions of Articles 3 and 5, the Government may, upon authorization by law, issue regulations by statutory instrument concerning matters other than taxes, provided that such regulations relate to any of the following matters:
- the protection of life, health, or personal safety;
- the residence or sojourn in Sweden of foreign nationals;
- the import or export of goods, money or any other assets, manufacture, transport and communications, the granting of credits, business activities, rationing, or the design of buildings, plants, or human settlements;
- game-shooting, fishing, animal protection, or the conservation of nature and the environment;
- the circulation of traffic or public order;
- education and vocational training;
- prohibitions against the disclosure of matters of which a person has acquired knowledge in the public service or while performing compulsory national service.
(2) Authority of the nature referred to in Paragraph (1) does not confer the right to issue provisions regarding legal effects of criminal acts other than the imposition of fines. The Parliament may also prescribe, in a law which contains an authorization under Paragraph (1), legal effects other than the imposition of fines for contraventions of provisions laid down by the Government by virtue of such authority.
The provisions of Articles 2, 3, or 5 notwithstanding, the Government may, upon authorization by law, issue regulations by statutory order regarding the granting of respites for meeting obligations.
(1) The provisions of Article 3 notwithstanding, the Government may, upon authorization by law, issue regulations by statutory order concerning customs duties on the importation of goods.
(2) Upon authorization by the Parliament, the Government or any local government commune may issue regulations concerning charges or fees which shall otherwise be issued by the Parliament under Article 3.
In any matter referred to in Article 7 (1) or 9, the Government may, upon authorization by law, prescribe by statutory order that one or more provisions of such a law shall come into force or cease to apply.
Where under the present chapter the Parliament authorizes the Government to issue regulations in a particular matter, the Parliament may authorize the Government in such a context to delegate the power to issue regulations in the matter to an administrative authority or commune. In such a case the Parliament may also commission an administrative authority under the Parliament to issue such regulations.
Regulations issued by the Government by virtue of an authorization under the present Instrument of Government shall be submitted to the Parliament for examination and approval if the Parliament so decides.
(1) In addition to what follows from Articles 7 to 10 the Government may issue by statutory order
- regulations concerning the enforcement of laws; and
- regulations which under the fundamental laws are not to be issued by the Parliament.
(2) The Government may not by virtue of Paragraph (1) issue any regulations which concern the Parliament or its agencies. Nor may the Government by virtue of Paragraph (1.2) issue regulations which concern local taxation.
(3) The Government may delegate to a subordinate authority the task of issuing regulations in the relevant matter by means of a statutory order under Paragraph (1).
The power conferred on the Government to issue regulations in a particular matter shall not prevent the Parliament from issuing regulations in the same matter by way of law.
(1) A fundamental law shall be adopted by means of two decisions of identical wording. The second decision may not be taken until elections for the Parliament have been held throughout the country following the first decision, and the newly-elected Parliament has been convened. Not less than nine months shall furthermore elapse between the time when the matter was first submitted to the Chamber of the Parliament and the time of the election, unless the Constitutional Committee of the Parliament grants an exemption from this provision by means of a decision taken not later than the Committee stage, and in which no fewer than five sixths of the members concur.
(2) The Parliament may not adopt as a decision in suspense any Bill on a fundamental law which conflicts with any other draft legislation of the same nature which is held in suspense, unless the Parliament at the same time rejects the Bill it first adopted.
(3) A referendum shall be held on a decision held in suspense for an amendment of a fundamental law on a motion to this effect by no fewer than one tenth of the members of the Parliament, provided that no fewer than one third of the members vote in favor of the motion. Such a motion must be made within fifteen days from the date on which the Parliament adopted the Bill held in suspense. Such a motion shall not go for consideration by any Committee of the Parliament.
(4) The referendum shall be held simultaneously with the election for the Parliament referred to in Paragraph (1). All those entitled to vote in the election may declare in the referendum whether or not they accept the Bill on the fundamental law which is pending decision. The Bill shall be deemed to be rejected, if the majority of those taking part in the referendum vote against the proposal, and if the number of voters exceeds half the number of those who registered valid votes in the election. In all other cases the Parliament shall take up the Bill for final consideration.
The Parliament Act shall be adopted as prescribed in Article 15 (1), first and second sentences, and (2). It may also be adopted by means of a single decision, provided that it is approved by no fewer than three fourths of those present and voting and by more than half the members of the Parliament. Supplementary provisions of the Parliament Act shall however be adopted in the same way as ordinary laws.
No law shall be amended or repealed otherwise than by law. Articles 15 and 16 apply mutatis mutandis with respect to any amendment or abrogation of a fundamental law.
(1) A Law Council composed of Justices of the Supreme Court and of Justices of the Supreme Administrative Court shall existto pronounce on draft legislation. The opinion of the Law Council shall be solicited by the Government or, under provisions of the Parliament Act, by a Committee of the Parliament.
(2) The opinion of the Law Council shall be solicited before the Parliament takes a decision on a fundamental law concerning the freedom of the press; on any Act of law limiting the right of access to public documents; on any Act of law under Article 3 (2), 12 (1), 17, 19, or 20 (2), or on any Act of law amending or repealing such an Act; on any Act of law on local government taxation; on any Act of law under Articles 2 or 3; and on any Act of law under Chapter 11, if such an Act is important to private subjects or is important from the point of view of public interest. The foregoing provision shall not however apply, if obtaining an opinion from the Law Council would be without significance because of the nature of the matter, or would delay the handling of legislation in such a way as to cause serious detriment. If the Government submits draft legislation to the Parliament for the making of an Act of law in any matter referred to in the first sentence, and the opinion of the Law Council has not previously been obtained, the Government shall at the same time present its reasons therefor to the Parliament. Failure to obtain the opinion of the Law Council on draft legislation shall never prevent the application of the law.
(3) The Law Council's scrutiny shall relate to
- the way in which the proposal relates to the fundamental laws and to the legal system in general;
- the way in which the different provisions contained in the proposal relate to each other;
- the way in which the proposal relates to the requirement for security before the law;
- whether the proposal is framed in such a manner that the resulting law can be assumed to satisfy the above requirements; and
- what problems are likely to arise in applying the law.
(4) Further provisions concerning the composition and working methods of the Law Council shall be set forth by law.
Any Act of law which has been adopted shall be promulgated by the Government without delay. An Act containing provisions concerning the Parliament or its agencies which shall not be laid down in a fundamental law or in the Parliament Act may, however, be promulgated by the Parliament.
Laws shall be published as soon as possible. This applies equally to statutory instruments, unless otherwise laid down in law.