This is how the Committee on the Constitution examines the work of the Government
The Committee on the Constitution is responsible for Sweden’s fundamental laws and examines whether the Government and ministers have observed the rules that apply to the work of the Government.
Two examinations by the Committee on the Constitution every year
The Committee on the Constitution monitors the Government to ascertain whether it has complied with the rules that regulate the work of the Government. The Committee on the Constitution carries out two examinations per year.
- The first is known as a special examination and involves measures to check that the ministers in specific cases 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 when they consider that a minister has acted inappropriately and want the Committee on the Constitution to examine the matter more closely.
- The second examination is known as a general examination and is focused on the administration of the Government’s work. The Committee on the Constitution scrutinises various documents, for example from the Government Offices, to ensure that the Government has complied with existing laws and established practice in its handling of Government business.
Reports to the Committee on the Constitution – members of the Riksdag criticise the Government
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. The Committee then examines whether or not the minister in question has acted inappropriately in a specific situation.
The criticism may, for example, concern a statement by a minister or a high-level appointment in the central government sector. Sometimes a report may involve a case of "ministerial rule". This means that the minister has attempted to influence a matter about which a public agency should decide.
Hearings in the Committee on the Constitution – open to the public and followed by media
Some reports to the Committee on the Constitution lead to the Committee holding a public hearing with ministers and others involved in a scrutiny matter. These hearings are open to the public and the media.
In order to carry out its examination, the Committee has the right to access 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 for information.
The results of the Committee on the Constitution's hearings are presented and debated
When the examination is completed, the Committee on the Constitution presents its findings to the Riksdag. The general examination is presented in the autumn and the special examination in the spring. The findings are presented in a document known as the scrutiny report. In the report, the Committee on the Constitution can highlight shortcomings in a minister’s behaviour, but has no opportunity to punish or demand that the minister resign.
After the special examination has been carried out, the members of the Committee on the Constitution normally hold a press conference, at which they present the main findings of their examination. Before the matter is closed, the scrutiny report is debated in the Chamber. The general examination is also followed by a debate in the Chamber.
- Scrutiny reports – general examinations (in Swedish)
- Scrutiny reports – special examinations (in Swedish)
The examination is not an investigation into possible crime
Examination by the Committee on the Constitution never has the purpose of investigating whether a crime has been committed. However, in addition to its examinations, the Committee can decide to institute proceedings if a minister is suspected of having committed a gross offence in the performance of his or her official duties. The charges are then brought to the Supreme Court. Prosecution of a minister is very rare, however.
The provision on prosecution of a minister can be found in the Instrument of Government from 1974, but charges have not yet been brought against a minister under the current Instrument of Government. During the previous Instrument of Government from 1809, a few charges were brought against ministers. The last time was in 1854.