The Riksdag has voted in favour of an amendment to the Instrument of Government. The amendment concerns the Parliamentary Ombudsmen (JO) and the rules on the dismissal of an Ombudsman who no longer has the confidence of the Riksdag. Dismissal means that the Ombudsman must terminate his or her assignment. The decision concerns a constitutional matter pending decision, which means that the Riksdag has taken a previous decision on the same matter.
The amendment to the Instrument of Government involves the introduction of a new rule – a decision-making and quorum rule – for the dismissal of an Ombudsman who no longer has the confidence of the Riksdag. According to the new rule, three-quarters of the members voting, and more than half of the members of the Riksdag, need to agree on a decision to dismiss a Parliamentary Ombudsman or Deputy Ombudsman who no longer has the confidence of the Riksdag. The regulation is an exception to the main rule in Ch.4, Sec.7 of the Instrument of Government that the majority principle should apply to votes.
The purpose of a special decision-making and quorum rule is to strengthen the constitutional status of the Ombudsmen.
The Riksdag also voted in favour of an amendment to the Riksdag Act involving a reference to the proposed regulation in the Instrument of Government.
The amendments will come into force on 1 January 2027.
Since the decision concerns an amendment to the Instrument of Government which is one of the fundamental laws making up the Constitution, the Riksdag is required to vote twice on the proposal with the same outcome, and with a parliamentary election between the two votes. In this case, the same rules apply to the amendment to the Riksdag Act. The first decision on the proposal was taken on 21 June 2023, when the Riksdag voted in favour of the proposal. A parliamentary election has since been held.