Judicial and General Administration

Article 1
(1) The Supreme Court is the highest court of general jurisdiction, and the Supreme Administrative Court is the highest administrative court.  The right to have a case tried by the Supreme Court or by the Supreme Administrative Court may be restricted by law.  A person may serve as a member of the Supreme Court or the Supreme Administrative Court only if that person has been appointed a permanent justice of that court.

(2) A court other than the Supreme Court or the Supreme Administrative Court must be established by law.  Provisions prohibiting the establishment of a court for a particular case are laid down in Chapter 2, Article 2 (1).

(3) There shall be at least one permanent judge in any court under Paragraph (2).  However, with respect to courts which have been set up to try a definite group or definite groups of cases exceptions from this rule may be made by law.
Article 2
Neither a public authority nor the Parliament may determine how a court shall adjudicate a particular case or how a court shall in other respects apply a rule of law in a particular case.
Article 3
A legal dispute between private subjects may not be settled by an authority other than a court except by virtue of law.  Provisions regarding judicial review of deprivation of liberty are laid down in Chapter 2, Article 9.
Article 4
Provisions concerning the functions of the courts relating to the administration of justice, the principal features of the organization of the courts, and legal proceedings shall be laid down by law.
Article 5
(1) A person appointed a permanent judge may be removed from his post only
  1. if through a criminal act or through gross or repeated neglect of his official duties he has shown himself to be manifestly unfit to hold the office; or
  2. if he has reached the relevant age of retirement or is otherwise under a legal obligation to retire on pension.
(2) If a permanent judge has been removed from his office through a decision made by an authority other than a court he shall be entitled to call upon a court to review the decision.  This provision shall likewise apply to any decision as a result of which a permanent judge has been suspended or ordered to undergo medical examination.

(3) If organizational reasons so require, a person appointed a permanent judge may be transferred to any other judicial office of equal status.
Article 6
(1) The Justice Chancellor, the Chief Public Prosecutor, the central administrative boards, and the provincial governments are subordinate to the Government.  Any other administrativeauthority of the State is subordinate to the Government, unless it is an authority under the Parliament under the terms of the present Instrument of Government or under the terms of some other law.

(2) Administrative functions may be entrusted to a local government commune.

(3) Administrative functions may be entrusted to a company, an association, a community, a foundation, or a private individual.  If such a function involves the exercise of public authority, it shall be entrusted to such a body or person by law.
Article 7
Neither any public authority, nor the Parliament, nor the decision making body of a local government commune may determine how an administrative authority shall make its decision in a particular case concerning the exercise of public authority against a private subject or against a commune, or concerning the application of law.
Article 8
No judicial or administrative function may be performed by the Parliament except insofar as this is provided for by a fundamental law or by the Parliament Act.
Article 9
(1) Appointments to a post in a court or in an administrative authority under the Government shall be made by the Government or by an authority designated by the Government.

(2) When making appointments to posts within the State administration attention shall be directed only to objective factors such as merit and competence.

(3) Only a Swedish citizen may hold or exercise the functions of a judicial office, an office directly subordinate to the Government, a post or commission as head of an authority directly subordinate to the Parliament or to the Government, or as a member of such an authority or its board, a post in the Government Chancery immediately subordinate to a Minister or a post as a Swedish envoy.  Also in other cases no one who is not a Swedish citizen may hold an office or carry out a commission, if the holder of such an office or commission is elected by the Parliament.  Swedish nationality may otherwise be made a prerequisite of the right to hold or exercise an office or commission under the State or a local authority only if laid down in law or under conditions prescribed by law.
Article 10
Fundamental provisions concerning the legal status of civil servants in respects other than those covered in the present Instrument of Government shall be set forth by law.
Article 11
Judicial review of a case which is closed, and reinstatement of lapsed time, shall be granted by the Supreme Administrative Court when the case concerns a matter in respect of which the Government, an administrative court or an administrative authority is the highest instance.  In all other cases, judicial review or reinstatement of lapsed time is granted by the Supreme Court or, insofar as this is prescribed by law, by another court which is not an administrative court.
Article 12
(1) The Government may grant exceptions from any provision of a statutory order, or from a provision issued by virtue of a decision by the Government, unless otherwise provided in an Act of law or in a decision on a budget appropriation.

(2) Further details concerning judicial review of a closed case and reinstatement of lapsed time may be laid down in law.
Article 13
(1) The Government may by exercising mercy remit or reduce apenal sanction or other legal effect of a criminal act, and may remit or reduce any other similar intervention affecting the person or property of a private subject made by a public authority.

(2) Where exceptional reasons so warrant, the Government may order that no further action be taken to investigate or prosecute a criminal act.
Article 14
If a court or any other public body considers that a provision conflicts with a provision of a fundamental law or with a provision of any other superior statute, or that the procedure prescribed was set aside in any important respect when the provision was introduced, the provision may not be applied.  However, if the provision has been approved by the Parliament or by the Government, it may be set aside only if the fault is manifest.