Sweden | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

No specific provisions

2. Provisions concerning International Treaties

Chapter 10. Relations with other states and international organisations

Art. 1 Agreements with other states or with international organisations are concluded by the Government.

Art. 2 The Government may not conclude an international agreement which is binding upon the Realm without Riksdag approval, if the agreement presupposes the amendment or abrogation of an act of law or the enactment of a new act of law, or if it otherwise concerns a matter which it is for the Riksdag to determine.

If, in a case under paragraph one, a special procedure has been prescribed for the Riksdag decision which is presupposed, the same procedure shall be applied in approving the agreement.

Nor may the Government, in cases other than cases under paragraph one, conclude an international agreement which is binding upon the Realm without Riksdag approval, if the agreement is of major significance. The Government may however act without obtaining the Riksdag's approval of the agreement if the interest of the Realm so requires. In such a case the Government shall confer instead with the Advisory Council on Foreign Affairs before concluding the agreement.

The Riksdag may approve an agreement under paragraphs one and three which is concluded within the framework of European Union cooperation, even if the agreement does not exist in final form.

Art. 3 The Government may commission an administrative authority to conclude an international agreement in a matter in which the agreement does not require the participation of the Riksdag or the Advisory Council on Foreign Affairs.

Art. 4 The rules laid down in Articles 1 to 3 apply in like manner to the commitment of the Realm to an international obligation in a form other than an agreement, and to the denunciation of an international agreement or obligation.

Art. 5 The Riksdag may transfer a right of decision-making which does not affect the principles of the form of government within the framework of European Union cooperation. Such transfer presupposes that protection for rights and freedoms in the field of cooperation to which the transfer relates corresponds to that afforded under this Instrument of Government and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Riksdag approves such transfer by means of a decision in which at least three fourths of those voting concur. The Riksdag's decision may also be taken in accordance with the procedure prescribed for the enactment of fundamental law. Transfer cannot be approved until after the Riksdag has approved the agreement under Article 2.

A right of decision-making which is directly based on the present Instrument of Government and which purports at the laying down of provisions, the use of assets of the State or the conclusion or denunciation of an international agreement or obligation, may in other cases be transferred, to a limited extent, to an international organisation for peaceful cooperation of which Sweden is a member, or is about to become a member, or to an international court of law. No right of decision-making relating to matters concerning the enactment, amendment or abrogation of fundamental law, the Riksdag Act or a law on elections for the Riksdag, or relating to the restriction of any of the rights and freedoms referred to in Chapter 2 may be thus transferred. The provisions laid down for the enactment of fundamental law apply in respect of a decision relating to such transfer. If time does not permit a decision in accordance with these provisions, the Riksdag may approve transfer by means of a decision in which at least five sixths of those voting and at least three fourths of members concur.

If it has been laid down in law that an international agreement shall have validity as Swedish law, the Riksdag may prescribe, by means of a decision taken in accordance with the procedure laid down in paragraph two, that also any future amendment of the agreement binding upon the Realm shall apply within the Realm. Such a decision shall relate only to a future amendment of limited extent.

Any judicial or administrative function not directly based on this Instrument of Government may be transferred, in a case other than a case under paragraph one, to another state, international organisation, or foreign or international institution or community by means of a decision of the Riksdag. The Riksdag may also in law authorise the Government or other public authority to approve such transfer of functions in particular cases. Where the function concerned involves the exercise of public authority, Riksdag approval shall take the form of a decision in which at least three fourths of those voting concur. The Riksdag's decision in the matter of such transfer may also be taken in accordance with the procedure prescribed for the enactment of fundamental law.

Art. 6 The Government shall keep the Riksdag continuously informed and confer with bodies appointed by the Riksdag concerning developments within the framework of European Union cooperation. More detailed rules concerning the obligation to inform and consult are laid down in the Riksdag Act.

The Government shall keep the Advisory Council on Foreign Affairs continuously informed of those matters relating to foreign relations which may be of significance for the Realm, and shall confer with the Council concerning these matters as necessary. In all foreign policy matters of major significance, the Government shall confer with the Council, if possible, before making its decision.

Art. 7 The Advisory Council on Foreign Affairs consists of the Speaker and nine other members elected by the Riksdag from among its members. More detailed rules concerning the composition of the Council are laid down in the Riksdag Act.

The Advisory Council on Foreign Affairs is convened by the Government. The Government is obliged to convene the Council if at least four members of the Council request consultations on a particular matter. Meetings of the Council are presided over by the Head of State or, in his absence, by the Prime Minister.

A member of the Advisory Council on Foreign Affairs and any person otherwise associated with the Council shall exercise caution in communicating to others matters which have come to his knowledge in this capacity. The person presiding over a meeting of the Council may rule that a duty of confidentiality shall apply unconditionally.

Art. 8 The head of the ministry responsible for foreign affairs shall be kept informed whenever a matter arises at another State authority which has significance for relations with another state or an international organisation.

Art. 9 The Government may commit the armed forces of the Realm, or any part of them, to battle in order to repel an armed attack upon the Realm. Swedish armed forces may otherwise be committed to battle or dispatched abroad only provided

1. the Riksdag consents thereto;

2. the action is permitted under an act of law which sets out the prerequisites for such action;

3. a duty to take such action follows from an international agreement or obligation which has been approved by the Riksdag.

A state of war may not be declared without the consent of the Riksdag, except in the event of an armed attack upon the Realm.

The Government may authorise the armed forces to use force in accordance with international law and custom to prevent violation of Swedish territory in time of peace or during a war between foreign states.

Chapter 13. War and danger of war

Art. 10 Neither the Riksdag nor the Government may make decisions in occupied territory. Nor may any powers vested in a person in his capacity as a member of the Riksdag or as a minister be exercised in such territory.

It shall be incumbent upon any public body in occupied territory to act in the manner that best serves the defence effort and resistance activities, as well as the protection of the civilian population and Swedish interests at large. In no circumstances may a public body make any decision or take any action which, in contravention of international law, imposes on a citizen of the Realm the duty of rendering assistance to the occupying power.

Elections for the Riksdag or for decision-making local government assemblies may not be held in occupied territory.

3. Provisions concerning constitutional reform

Chapter 8 Laws and Other Regulations

Art. 15 (1) A fundamental law shall be adopted by means of two decisions of identical wording. The second decision may not be taken until elections for the Parliament have been held throughout the country following the first decision, and the newly-elected Parliament has been convened. Not less than nine months shall furthermore elapse between the time when the matter was first submitted to the Chamber of the Parliament and the time of the election, unless the Constitutional Committee of the Parliament grants an exemption from this provision by means of a decision taken not later than the Committee stage, and in which no fewer than five sixths of the members concur.

(2) The Parliament may not adopt as a decision in suspense any Bill on a fundamental law which conflicts with any other draft legislation of the same nature which is held in suspense, unless the Parliament at the same time rejects the Bill it first adopted.

(3) A referendum shall be held on a decision held in suspense for an amendment of a fundamental law on a motion to this effect by no fewer than one tenth of the members of the Parliament, provided that no fewer than one third of the members vote in favor of the motion. Such a motion must be made within fifteen days from the date on which the Parliament adopted the Bill held in suspense. Such a motion shall not go for consideration by any Committee of the Parliament.

(4) The referendum shall be held simultaneously with the election for the Parliament referred to in Paragraph (1). All those entitled to vote in the election may declare in the referendum whether or not they accept the Bill on the fundamental law which is pending decision. The Bill shall be deemed to be rejected, if the majority of those taking part in the referendum vote against the proposal, and if the number of voters exceeds half the number of those who registered valid votes in the election. In all other cases the Parliament shall take up the Bill for final consideration.

4. Provisions concerning referendums

Chapter 8 Laws and Other Regulations

Art. 4 Provisions concerning consultative referenda throughout the whole of the country and concerning the procedure for holding referenda on matters concerning the fundamental laws shall be laid down by an Act of law.