Chapter 11. Administration of justice

Courts of law

Art. 1. The Supreme Court, the courts of appeal and the district courts are courts of general jurisdiction. The Supreme Administrative Court, the administrative courts of appeal and the administrative courts are general administrative courts. The right to have a case tried by the Supreme Court, Supreme Administrative Court, court of appeal or administrative court of appeal may be restricted in law. Other courts are established in accordance with law. Provisions prohibiting the establishment of a court of law in particular cases are laid down in Chapter 2, Article 11, paragraph one.  

A person may serve as a member of the Supreme Court or the Supreme Administrative Court only if he or she holds currently, or has held previously, an appointment as a permanent salaried justice. Permanent salaried judges serve at other courts. Exceptions to this rule in respect of courts established to try a specific group or specific groups of cases may however be laid down in law.

Art. 2. Rules concerning the judicial tasks of the courts, the main features of their organisation and legal proceedings in respects other than those covered in this Instrument of Government are laid down in law.

Independent administration of justice

Art. 3. Neither the Riksdag, nor a public authority, may determine how a court of law shall adjudicate an individual case or otherwise apply a rule of law in a particular case.  Nor may any other public authority determine how judicial responsibilities shall be distributed among individual judges.

Art. 4. No judicial function may be performed by the Riksdag except to the extent laid down in fundamental law or the Riksdag Act.

Art. 5. A legal dispute between individuals may not be settled by an authority other than a court of law except in accordance with law.

Appointment of permanent salaried judges

Art. 6. Permanent salaried judges are appointed by the Government.
When appointments are made, only objective factors, such as merit and competence, shall be taken into account.
Provisions concerning the grounds for the procedure for appointing permanent salaried judges are laid down in law.

Legal status of permanent salaried judges

Art. 7. A person who has been appointed a permanent salaried judge may be removed from office only if:

1. he or she has shown himself or herself through a criminal act or through gross or repeat¬ed neglect of his or her official duties to be manifestly unfit to hold the office;
2. or he or she has reached the applicable retirement age or is otherwise obliged by law to resign on grounds of protracted loss of working capacity. 

If organisational considerations so dictate, a person who has been appointed a permanent salaried judge may be transferred to another judicial office of equal status. 

Art. 8. Legal proceedings regarding a criminal act committed in the performance of an appointment as a member of the Supreme Court or the Supreme Administrative Court are instituted in the Supreme Court.
The Supreme Administrative Court examines whether a member of the Supreme Court shall be removed or suspended from duty or obliged to undergo medical examination. If such proceedings concern a member of the Supreme Administrative Court, the matter is examined by the Supreme Court.  Proceedings according to paragraphs one and two are initiated by the Parliamentary Ombudsmen or the Chancellor of Justice.
Art. 9. If a permanent salaried judge has been removed from office by means of a decision of a public authority other than a court of law it shall be possible for him or her to call for the decision to be examined before a court of law. A court conducting such an examination shall include a permanent salaried judge. The same applies to any decision as a result of which a permanent salaried judge is sus¬pended from duty, ordered to undergo examination by a medical practitioner or subject to a disciplinary sanction.

Art. 10. Basic provisions concerning the legal status of permanent salaried judges in other respects are laid down in law.

Citizenship requirement

Art. 11. Only a Swedish citizen may be a permanent salaried judge. Swedish nationality may otherwise be stipulated as a condition of eligibility to perform judicial functions only with support in law or in accordance with conditions laid down in law.  Other employees at courts of law

Art. 12. Chapter 12, Articles 5 to 7 apply to other employees at courts of law. Re-opening of closed cases and restoration of lapsed time

Art. 13. Re-opening of closed cases and restoration of lapsed time are granted by the Supreme Administrative Court or, inasmuch as this has been laid down in law, by an inferior administrative court if the case concerns a matter in respect of which the Government, an administrative court or an ad¬ministrative authority is the highest instance. In all other cases, re-opening of a closed case or restoration of lapsed time is granted by the Supreme Court or, inasmuch as this has been laid down in law, by another court of law which is not an administrative court.

More detailed rules concerning the re-opening of closed cases and restoration of lapsed time may be laid down in law. 

Judicial review

Art. 14. If a court finds that a provision conflicts with a rule of fundamental law or other superior statute, the provision shall not be applied. The same applies if a procedure laid down in law has been disregarded in any important respect when the provision was made.
In the case of review of an act of law under paragraph one, particular attention must be paid to the fact that the Riksdag is the foremost representative of the people and that fundamental law takes precedence over other law.