Constitutional amendments pending decision
Published:
The Riksdag has voted in favour of several proposals for amendments to the Constitution during the 2022–2026 electoral period. Enhanced protection of democracy and independence of the courts and stronger constitutional preparedness are two examples. For the amendments to come into effect, the Riksdag must adopt another decision with identical wording during the coming electoral period.
The fundamental laws that make up the Constitution take precedence over all other laws. This means that the content of other laws may never conflict with what is stated in the Constitution. Sweden has four fundamental laws:'
- the Instrument of Government
- the Act of Succession
- the Freedom of the Press Act
- the Fundamental Law on Freedom of Expression
In addition, Sweden has a Riksdag Act which has an intermediate position between constitutional and ordinary law.
In order to amend a fundamental law, the Riksdag must adopt two decisions of identical wording with an election to the Riksdag between the two decisions. The first decision means that the proposal for the enactment of fundamental law is pending further decision. The second decision, which is taken by the newly elected Riksdag after an election, means that the constitutional proposal is finally adopted.
The idea behind this procedure is to protect our democracy. There should be time for reflection and ensuring that the consequences have been thoroughly considered before changes are made. The main rule is that amendments to main provisions in the Riksdag Act are decided in the same way as amendments to a fundamental law.
The fundamental laws and the Riksdag Act
Constitutional amendments pending decision
Overview of the office of the Parliamentary Ombudsmen
The Riksdag has adopted amendments pending decision to the Instrument of Government and the Riksdag Act. The amendments mean the introduction to the Constitution of a new decision-making and quorum rule for the dismissal of an Ombudsman who no longer has the confidence of the Riksdag. The purpose of the amendments is to strengthen the constitutional status of the Ombudsmen.
Review of the office of the Parliamentary Ombudsmen, in Swedish (Ku32)
A clearer provision on agitation against a population group
The Riksdag has adopted amendments pending decision to the Freedom of the Press Act in order to clarify the provision on agitation against a population group. The amendments mean, for example, that denial of the Holocaust will explicitly be criminalised.
A clearer provision on agitation against a population group, in Swedish (KU22)
Enhanced protection of democracy and independence of the courts
The Riksdag has adopted amendments pending decision 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 amendments primarily entail that it will be more difficult to amend the fundamental laws and that the independence of the courts and the judiciary will be given long-term protection.
Enhanced protection of democracy and the independence of the courts, in Swedish (KU2)
Stronger constitutional preparedness
The Riksdag has adopted amendments pending decision to the Instrument of Government and the Riksdag Act to improve the conditions for the Riksdag and the Government to fulfil their tasks in times of war or severe crisis and to take necessary decisions on a legal basis.
Stronger constitutional preparedness, in Swedish (KU8)
Accessibility requirements for certain media
The Riksdag has adopted amendments pending decision to the Freedom of the Press Act and the Fundamental Law on Freedom of Expression, with the purpose of ensuring accessibility for people with functional disabilities and to comply with requirements under EU membership.
Accessibility requirements for certain media, in Swedish (KU32)
Access to documents obtained through confiscation and copying in connection with house searches
The Riksdag has adopted amendments pending decision to the Freedom of the Press Act. The amendments mean that digital recordings for automatic processing which have been confiscated or copied in connection with a house search can, in certain cases, not be regarded as official documents.
Constitutional right to abortion and increased opportunities to limit freedom of association and right to citizenship (KU34)
The Riksdag has adopted amendments pending decision to the Instrument of Government. The amendments mean that the right to abortion will be introduced as a new fundamental freedom and right in the Instrument of Government, and that opportunities to limit freedom of association and the right to citizenship will be extended.