Enhanced protection of democracy and the independence of the courts

Published:

The Riksdag has voted in favour of adopting the Government's proposal for amendments to the Instrument of Government and the Riksdag Act with the purpose of strengthening institutional protection of Sweden as a democratic state governed by the rule of law.

The main point of the proposals is to make it more difficult to amend the fundamental laws and to ensure that the protection of the courts and the independence of judges will be strengthened in the long term. This entails, for example, requiring that at least half of the members of the Riksdag vote in favour of a decision to adopt a proposal concerning fundamental law to be held in abeyance and at least two thirds of the members of the Riksdag vote in favour of the second decision to adopt the proposal – after parliamentary elections have been held.

Since the proposal applies to an amendment to the Constitution, the Riksdag is required to vote twice on the proposal with the same outcome, and there must be a parliamentary election between them. The first decision means that the proposal for the enactment of fundamental law is held in abeyance. With the second decision, the proposal is then permanently adopted. Amendments to main provisions in the Riksdag Act are decided in the same way.

It is proposed that the amendments come into force on 1 April 2027.