The Swedish Council on Legislation

1. The Swedish Council on Legislation Instrument of government Chapter 8 article 18

2. A Council on Legislation which includes justices, or, where necessary, former justices of the Supreme Court and the Supreme Administrative Court, shall exist to pronounce an opinion on draft legislation.

3. The opinion of the Council on Legislation is obtained by the Government or, under more detailed rules laid down in the Riksdag Act, by a committee of the Riksdag.

4. The opinion of the Council on Legislationshould be • obtainedbefore the Riksdag takes a decision • on fundamental lawrelating to the freedom of the press or the corresponding freedom of expression on sound radio, television and certain like transmissions and technicalrecordings; • on an act of lawrestricting the right of access to officialdocuments; • on act of law under Chapter 2, Article 3, paragraphtwo, Article 12, paragraphone, Articles 17 to 19 or Article 22, paragraphtwo, or an act of lawamending or abrogatingsuch an act; • an act of lawrelating to local taxation; • an act of law under Article 2 or 3; or • an act of law under Chapter 11, ifsuch an act has significance for private subjects, or havingregard to the public interest.

5. However, the opinion of the Council on Legislation must not necessarily be obtained, if obtaining the opinion of the Council on Legislation would be without significance having regard to the nature of the matter, or would delay the handling of legislation in such a way that serious detriment would result. If the Government submits a proposal to the Riksdag for the making of an act of law in any matter referred to in sentence one, and there has been no prior consultation of the Council on Legislation, the Government shall at the same time inform the Riksdag of the reason for the omission. Failure to obtain the opinion of the Council on Legislation on a draft law never constitutes an obstacle to application of the law.

6. If the Governmentsubmits a proposal to the Riksdag for the making of an act of law in anymatterreferred to in sentenceone, and there has been no prior consultation of the Council on Legislation, the Governmentshall at the same time inform the Riksdag of the reason for the omission. Failure to obtain the opinion of the Council on Legislation on a draft lawneverconstitutes an obstacle to application of the law.

7. The Council’sscrutinyshallrelate to 1. the manner in which the draft lawrelates to the fundamental laws and the legal system in general; 2. the manner in which the different provisions of the draft lawrelate to oneanother; 3. the manner in which the draft lawrelates to the requirements of the rule of law; 4. whether the draft law is so framed that the resultingact of lawmay be expected to satisfy the statedpurposes of the proposedlaw; 5. what problems are likely to arise in applying the act of law.

8. Instrument of governmentChapter 11 article 14 • If a court or other public body finds that a provision conflicts with a rule of fundamental law or other superior statute, or finds that a procedure laid down in law has been disregarded in any important respect when the provision was made, the provision shall not be applied. If the provision has been approved by the Riksdag or by the Government, however, it shall be waived only if the error is manifest.

9. Thank You for Your participation Former Justice Bo Svensson Chairman of The Swedish Council on Legislation End of presentation