$Unique_ID{COW03509}
$Pretitle{441}
$Title{Sweden
Chapter 10. Relations with Other States}
$Subtitle{}
$Author{The Swedish Riksdag}
$Affiliation{Swedish Institute}
$Subject{riksdag
government
international
council
foreign
agreement
art
law
decision
realm}
$Date{1989}
$Log{}
Country:     Sweden
Book:        The Constitution of Sweden 1989 The Swedish Riksdaf
Author:      The Swedish Riksdag
Affiliation: Swedish Institute
Date:        1989

Chapter 10. Relations with Other States

     Art. 1. Agreements with other states or with international organizations
shall be concluded by the Government.

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

     If in a case under the preceding paragraph a special procedure has been
prescribed for the decision of the Riksdag, the same procedure shall be
followed in connection with the approval of the agreement.

     Nor may the Government in cases other than cases under the first
paragraph of this Article without the approval of the Riksdag conclude any
international agreement which is binding upon the Realm, if the agreement is
of major importance. 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 Foreign Affairs
Advisory Council before concluding the agreement.

     Art. 3. The Government may commission an administrative authority to
conclude international agreements in matters in which such agreements do not
require any action on the part of the Riksdag or of the Foreign Affairs
Advisory Council.

     Art. 4. The provisions of Articles 1 to 3 shall apply, mutatis mutandis,
to the commitment of the Realm to any international obligation in any form
other than an agreement and to any denunciation of an international agreement
or obligation.

     Art. 5. Any right of decision-making which is directly based on the
present Instrument of Government and which purports at the laying down of
prescriptions, the use of State property or the conclusion or denunciation of
international treaties or commitments may be entrusted, to a limited extent,
to an international organisation for peaceful cooperation of which Sweden is
a member or is to become a member or to an international court of law. No
right of decision-making relating to matters concerning the enactment,
amendment, or repeal of a fundamental law, of the Riksdag Act or of the Act
concerning elections for the Riksdag, or which regards a limitation of any of
the rights and freedoms referred to in Chapter 2 may be thus delegated. The
provisions relating to the enactment of fundamental laws shall apply in
respect of any decision concerning such delegation. If a decision in
accordance with such provisions cannot be held in suspense, the Riksdag may
approve a delegation of the right of decision-making by a majority of no fewer
than five sixths of those present and voting and no fewer than three fourths
of the total membership of the Riksdag.

     Where it has been laid down in law that an international treaty shall
have the force of Swedish law, the Riksdag may prescribe by a decision taken
in the order laid down in the preceding paragraph that any future amendment to
the treaty, which is binding upon the Realm, shall apply also within the
Realm.

     Any judicial or administrative function not directly based on the present
Instrument of Government may be entrusted to another state, to an
international organisation, or to a foreign or international institution or
community by means of a decision of the Riksdag. The Riksdag may likewise
authorise the Government or any other public authority to decide on such a
delegation of functions in a particular situation. Where the function
concerned involves the exercise of public authority, the Riksdag's decision
shall be taken by a majority of no fewer than three fourths of those present
and voting. A decision to delegate a function of this nature may also be taken
in the manner prescribed for the enactment of a fundamental law.

     Art. 6. The Government shall keep the Foreign Affairs Advisory Council
continuously informed of those matters relating to foreign relations which may
be of importance to the Realm, and shall confer with the Council in these
matters as often as is necessary. In all foreign policy matters of major
importance, the Government shall if possible confer with the Council before
making its decision.

     Art. 7. The Foreign Affairs Advisory Council comprises the Speaker and
nine other members to be elected by the Riksdag from among its members.
Further provisions concerning the composition of the Council are set forth in
the Riksdag Act.

     The Foreign Affairs Advisory Council is convened by the Government. The
Government is obliged to convene the Council if no fewer than four Council
members ask for consultations to take place on a particular matter. Meetings
of the Council are presided over by the Head of State or, in his unavoidable
absence, by the Prime Minister.

     A member of the Foreign Affairs Advisory Council and any person otherwise
connected with the Council shall exercise caution in communicating to others
what he has learnt in such a capacity. Whoever presides over a meeting of the
Council may decide on an unconditional obligation to maintain silence.

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

     Art. 9. The Government may commit the country's defence forces, 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 sent to another
country only if

     1. the Riksdag has assented thereto;

     2. it is permitted under a law which sets out the prerequisites for such
action;

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

     No declaration of war may be made without the consent of the Riksdag,
except in the event of an armed attack against Sweden.

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