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$Unique_ID{COW03507}
$Pretitle{441}
$Title{Sweden
Chapter 8. Laws and Other Regulations}
$Subtitle{}
$Author{The Swedish Riksdag}
$Affiliation{Swedish Institute}
$Subject{law
riksdag
government
provisions
concerning
art
regulations
act
paragraph
first}
$Date{1989}
$Log{}
Country: Sweden
Book: The Constitution of Sweden 1989 The Swedish Riksdaf
Author: The Swedish Riksdag
Affiliation: Swedish Institute
Date: 1989
Chapter 8. Laws and Other Regulations
Art. 1. It follows from the provisions of Chapter 2 concerning
Fundamental Rights and Freedoms that rules and regulations with a particular
content may not be issued or may be issued only by means of an Act of law and
that in certain cases draft legislation shall be dealt with in a particular
way.
Art. 2. Provisions relating to the personal status of private subjects or
to their mutual personal and economic relations shall be laid down by law.
These provisions include inter alia:
1. provisions concerning Swedish citizenship;
2. provisions concerning the right to a family name, or concerning
marriage and parenthood, wills and inheritance, or family affairs in general;
and
3. provisions concerning the right to fixed and movable property,
concerning contracts, and concerning companies, associations, communities and
foundations.
Art. 3. Provisions concerning the relations between private subjects and
the public administration which relate to obligations incumbent upon private
subjects or which otherwise interfere in the personal or economic affairs of
private subjects shall be laid down by law.
These provisions include inter alia provisions concerning criminal acts
and the legal consequences of such acts, provisions concerning taxes payable
to the State, and provisions concerning requisitions and other such
dispositions.
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.
Art. 5. Principles governing changes in the division of the country into
local government communes, and governing the organization and working methods
of the communes and local taxation shall be laid down by law. Provisions
governing the powers and responsibilities of the communes in other respects
shall likewise be laid down by law.
Art. 6. When the Riksdag is not in session, the Finance and Taxation
Committees may, when authorised by a law relating to taxes other than taxes on
income, wealth, inheritance or gifts, and at the proposal of the Government,
determine tax levels or bring into force or abolish taxes referred to in such
a law. Such authority may include the right to distinguish between different
kinds of activities and different parts of the Realm. The Finance and Taxation
Committees shall exercise their decision-making right in joint session. Any
decision shall be made on behalf of the Riksdag by law.
Any law approved by the Finance and Taxation Committees under the
preceding paragraph shall be submitted by the Government to the Riksdag within
one month of the start of the next Riksdag session. The Riksdag shall examine
the law and make its decision within one month thereafter.
Art. 7. Notwithstanding the provisions of Articles 3 and 5, the
Government may, upon authorisation by law, issue regulations by statutory
instrument concerning matters other than taxes, provided that such regulations
relate to any of the following matters:
1. the protection of life, health, or personal safety;
2. the residence or sojourn in Sweden of foreign nationals;
3. the import or export of goods, money or any other assets, manufacture,
transport and communications, the granting of credits, business activities,
rationing, or the design of buildings, plants, or human settlements;
4. game-shooting, fishing, animal protection, or the conservation of
nature and the environment;
5. the circulation of traffic or public order;
6. education and vocational training;
7. prohibitions against the disclosure of matters of which a person has
acquired knowledge in the public service or while performing compulsory
national service.
Authority of the nature referred to in the first paragraph does not
confer the right to issue provisions regarding legal effects of criminal acts
other than the imposition of fines. The Riksdag may also prescribe, in a law
which contains an authorisation under the first paragraph, legal effects other
than the imposition of fines for contraventions of provisions laid down by the
Government by virtue of such authority.
Art. 8. The provisions of Articles 2, 3, or 5 notwithstanding, the
Government may, upon authorisation by law, issue regulations by statutory
order regarding the granting of respites for meeting obligations.
Art. 9. The provisions of Article 3 notwithstanding, the Government may,
upon authorisation by law, issue regulations by statutory order concerning
customs duties on the importation of goods.
Upon authorisation by the Riksdag, the Government or any local government
commune may issue regulations concerning charges or fees which shall otherwise
be issued by the Riksdag under Article 3.
Art. 10. In any matter referred to in Article 7, first paragraph, or in
Article 9, the Government may, upon authorisation by law, prescribe by
statutory order that one or more provisions of such a law shall come into
force or cease to apply.
Art. 11. Where under the present Chapter the Riksdag authorises the
Government to issue regulations in a particular matter, the Riksdag may
authorise the Government in such a context to delegate the power to issue
regulations in the matter to an administrative authority or commune. In such
a case the Riksdag may also commission an administrative authority under the
Riksdag to issue such regulations.
Art. 12. Regulations issued by the Government by virtue of an
authorisation under the present Instrument of Government shall be submitted to
the Riksdag for examination and approval if the Riksdag so decides.
Art. 13. In addition to what follows from Articles 7 to 10 the Government
may issue by statutory order
1. regulations concerning the enforcement of laws; and
2. regulations which under the fundamental laws are not to be issued by
the Riksdag.
The Government may not by virtue of the preceding paragraph issue any
regulations which concern the Riksdag or its agencies. Nor may the Government
by virtue of sub-paragraph 2 of the preceding paragraph issue regulations
which concern local taxation.
The Government may delegate to a subordinate authority the task of
issuing regulations in the relevant matter by means of a statutory order under
the present Article, first paragraph.
Art. 14. The power conferred on the Government to issue regulations in a
particular matter shall not prevent the Riksdag from issuing regulations in
the same matter by way of law.
Art. 15. 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 Riksdag have been held throughout the country following the first
decision, and the newly-elected Riksdag 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 Riksdag and the time of the election, unless
the Constitutional Committee of the Riksdag 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.
The Riksdag 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 Riksdag at the same time rejects
the Bill it first