The Committee on the Constitution monitors the Government to ascertain whether it has observed current rules in the handling of Government business. All members of the Riksdag have the right to report ministers to the Committee on the Constitution.
The Committtee on the Constitution examines the Government's work on an annual basis. Its examination consists of two parts. The first involves ensuring that the ministers have complied with the rules that regulate the work of the Government and that their behaviour has been appropriate in other ways. It is based on reports from members of the Riksdag.
The other comprises a more general examination. For this purpose the Committee on the Constitution scrutinises various documents from the Government Offices to ensure that the Government has complied with existing laws and established practice in its handling of Government business.
Members of the Riksdag can report instances of what they consider to be inappropriate behaviour to the Committee on the Constitution at any time during the year. Their reports often attract considerable media attention. The Committee then examines whether or not the minister in question has acted inappropriately in a specific situation.
The reports may, for example, involve a case of "ministerial rule", i.e., that a minister has tried to intervene in a matter that should be determined by a public agency. Other instances could include a comment made by a minister, the prime minister's relation to a member of the press, a trip at the expense of the state or an appointment to a top position in a public agency.
In order to carry out its examination, the Committee has the right of access to all Government documents, even if they contain classified information. If the Committee needs more information it may address written questions to the Government or it can summon both ministers and officials to supply oral information. Private individuals can also be called for questioning, but only if they agree to do so.
Occasionally the Committee on the Constitution holds public hearings with the minister and other individuals involved. These hearings are open to the public and the media, and have attracted considerable attention in the past.
Every spring the Committee on the Constitution submits a report to the Riksdag on its scrutiny of matters that have been reported during the year. The report is known as the Scrutiny Report and is used as the basis of a debate in the Chamber. The debate normally lasts a whole day.
In its report, the Committee can criticise, but not formally reprimand or dismiss a minister from office. The underlying purpose is to give the Government cause to reconsider its work procedures so as to avoid making the same mistake in the future. The attention generated by the report and the annual debate can also play a major role.
The debate always closes with the report being added to the record, which means that no further decisions are taken.
If, in the course of its examination, the Committee finds that a minister has committed an offence in the performance of his duties, it can institute criminal proceedings in the Supreme Court. However, this is very uncommon and has never been known to happen in modern times.
In its general examination, the Committee on the Constitution scrutinises various documents from the Government Offices such as records of Cabinet meetings. A common criticism from the Committee is that the Government issues laws and ordinances too close to the date on which they are to come into force. It is the Government's duty to issue the laws and ordinances adopted by the Riksdag. If the Government does this too late it means that the citizens or public agencies affected by these laws do not have the opportunity to become acquainted with them before they begin to apply.
The general examination is presented in a separate report in the autumn.