IPU PARLINE database: SWEDEN (Riksdagen), Oversight

Parliament name (generic / translated)

Riksdagen / Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary / constitutional monarchy

Notes

The King as Head of State has representational duties only. However, he is kept informed by the Prime Minister concerning the affairs of the Realm (Article 5, paragraph 1, of the Instrument of Government (Constitution). The Government convenes as Council of State under the chairmanship of the Head of State when so required.

Head of the executive

Prime Minister

Notes

The Government consists of the Prime Minister and other ministers (Article 6, paragraph 1 of the Instrument of Government). The Government allocates responsibilities among ministries. The Prime Minister appoints the Heads of the respective ministries from among the ministers.

Method for appointing the executive

The royal power can only be hereditary. Should the Royal House become extinct, Parliament appoints a Regent to perform the duties of Head of State until further notice (Article 5, paragraph 4 of the Instrument of Government). If the King has been continuously prevented for six months from performing his duties, or has failed to perform his duties, Government notifies the matter to Parliament. The latter determines whether the King is deemed to have abdicated. Parliament may appoint a person to serve as Regent ad interim under a Government order when no one competent is in a position to serve. The same applies if the King dies or abdicates and the heir to the throne has not yet attained the age of eighteen.

When a Prime Minister is to be appointed, the Speaker summons for consultation representatives from each party group in Parliament (Article 6, paragraph 2 of the Instrument of Government). The Speaker confers with the Deputy Speakers before placing a proposal before Parliament, which proceeds to vote on the proposal no later than the fourth day following the consultation, without prior preparation in committee. If more than half the parliamentarians vote against the proposal, it is rejected. In any other case, it is adopted. If Parliament rejects the Speaker's proposal, the procedure is repeated. If Parliament rejects the Speaker's proposal four times, the procedure for appointing a Prime Minister is abandoned. If no ordinary election is due to be held within three months, an extraordinary election is held within the same period.

When Parliament has approved a proposal for a new Prime Minister, the latter informs Parliament as soon as possible of the names of the ministers he or she has appointed. Government changes hands thereafter at a Council of State before the Head of State or, in his absence, before the Speaker.

Term of office of the executive and coincidence with the term of the legislature

The ordinary term of office of the legislature is four years (Article 3, paragraph 3 of the Instrument of Government).

Incompatibility of the functions of member of the executive and member of Parliament

No

During such time as a parliamentarian is acting as Speaker or is a member of Government, his mandate is exercised by an alternate member (Article 4, paragraph 9 of the Instrument of Government).

Dissolution of Parliament

Yes

Circumstances

Government may order an extraordinary election for Parliament to be held between ordinary elections (Article 3, paragraph 4 of the Instrument of Government).

Modalities

An extraordinary election is held within three months from the issue of a governmental order. After an election for Parliament has been held, Government is debarred from calling an extraordinary election until three months from the date on which the newly elected Parliament first convened. Neither may Government call an extraordinary election while ministers remain at their posts, after all have been formally discharged, pending assumption of office by a new Government. Parliament was not dissolved between 1990 and 2000.

Accountability of Government to Parliament

Yes

Government collectively, and each minister individually, are accountable to Parliament.

Modalities of oversight

Oral and written questions of parliamentarians

Any parliamentarian may submit an interpellation or put a question to a minister on any matter concerning the minister's performance of his official duties (Article 12, paragraph 5 of the Instrument of Government).

Government reports to Parliament

The committee on the Instrument of Government examines ministers' performance of their official duties and the handling of Government business (Article 12, paragraph 1 of the Instrument of Government). The committee is entitled for this purpose to have access to the records of decisions taken in Government matters and to all documents pertaining to such matters. Another parliamentary committee or a member of Parliament is entitled to raise in writing with the committee on the Instrument of Government any issue relating to a minister's performance of his official duties or the handling of Government business. It is incumbent upon this committee to communicate to Parliament, whenever reasons so warrant but at least once a year, any observations it may find worthy of attention in connection with its examination. Parliament may make a formal statement to Government in consequence thereof.

Measures

Vote of confidence on Government programs and/or legislative proposals

Proposals for new laws or amendments to laws that are already in force usually come from the Government in the form of a government bill. A proposal for new legislation can also be submitted by one or more members of the Riksdag in the form of a private member's motion.

For the proposal to be adopted as a law, a majority of the members of the Riksdag must subsequently vote in favour of it. The Riksdag notifies the Government of its decision, and the Government then issues the new law and ensures that it is implemented as intended by the Riksdag.

Motions of censure and votes of no confidence (sub-report)

Circumstances

If Parliament declares that the Prime Minister, or any other minister, no longer enjoys the confidence of Parliament, the Speaker discharges the minister concerned (Article 6, paragraph 5 of the Instrument of Government). If Government is in a position to order an extraordinary election, however, no decision to discharge the minister is announced, provided Government calls an extraordinary election within one week from the declaration of no confidence. A minister is discharged if he or she so requests, that is, the Prime Minister is discharged by the Speaker, and another minister by the Prime Minister. The Prime Minister may also discharge another minister in other circumstances.

Modalites

A declaration of no confidence requires the concurrence of 175 parliamentarians. A motion calling for a declaration of no confidence is taken up for consideration only if raised by at least 35 parliamentarians. It is not taken up for consideration during the period between the holding of an ordinary election, or the announcement of a decision to call an extraordinary election, and the date on which the new Parliament elected in such an election convenes. A motion relating to a minister who has remained at his post, after having been formally discharged, may not in any circumstances be taken up for consideration. A motion calling for a declaration of no confidence may not be prepared in committee.

Consequences

If the Prime Minister is discharged or dies, the Speaker discharges the other ministers. If all members of Government have been discharged, they remain at their posts until a new Government has assumed office. If a minister other than the Prime Minister has been discharged at his or her own request, he or she remains in office until a successor has assumed office, should the Prime Minister so request. Between 1980 and 2001, three motions of no confidence were tabled against the Prime Minister, and one against the foreign minister. Three motions originated from the opposition, one from governing parties, but none was accepted.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The King cannot be prosecuted for his actions (Article 5, paragraph 7 of the Instrument of Government). Neither can a Regent be prosecuted for his actions as Head of State.

A person who is currently, or who has been previously, a minister may be held accountable for a criminal act committed in the performance of his or her ministerial duties only if he or she has grossly neglected his or her official duty (Article 12, paragraph 3 of the Instrument of Government). Criminal proceedings may also be instituted against officials in respect of offences committed in the exercise of their office.

A person who is currently, or who has been previously, a minister may be held accountable for a criminal act committed in the performance of his or her ministerial duties only if he or she has grossly neglected his or her official duty (Article 12, paragraph 3 of the Constitution). Criminal proceedings may also be instituted against officials in respect of offences committed in the exercise of their office.

Modalites and procedure

A decision to institute criminal proceedings against ministers is taken by the committee on the Instrument of Government and the case is tried before the Supreme Court. In the case of a member of the Governing Council of the Riksbank or a member of the executive board of that body, the decision to institute criminal proceedings can only be taken by the committee on finance. In the case of a member of the Riksdag board, the board of the national audit office, the election review board, or the Riksdag appeals board, or against one of the parliamentary Ombudsmen, against one of the auditors general or against the clerk of the Chamber, the decision to institute criminal proceedings can only be taken by the committee on the Instrument of Government.

Consequences

Not applicable

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Government collectively, and each minister individually, are accountable to Parliament.

Means and modalities of oversight

Hearings in Committees

A state authority must furnish information and deliver opinions when so requested by a committee. This obligation applies to Government only in respect of European Union activities falling within the committee's subject area. An authority that is not an authority under Parliament may refer a request from a committee to Government for decision. If, during the consideration of a matter, at least five members of that parliamentary committee so request, the committee may obtain information or an opinion from state authorities. The same applies if such a request has been put forward unconnected with the consideration of a matter, if the question relates to European Union business. The committee may reject a request for information or an opinion if the request is put forward during the consideration of a matter and the committee concludes that the action requested would so delay consideration of the matter that serious detriment would result. In such a case, the committee states in its report its reasons for rejecting the request.

Committees of inquiry and missions to Government departments

Government may choose to appoint a committee of inquiry to examine a particular issue in accordance with guidelines set out by Government. These committees are made up of experts, public officials and politicians who are familiar with the matter concerned. On completion of their work, the committees publish their findings in a final report, sometimes preceded by an interim report. These reports are published in the Government official report series. A committee proposal is first circulated for comment before it is drafted as a Government bill. This gives Government agencies, interest groups and the general public an opportunity to express their views on the matter.

Oral and written questions of parliamentarians

A question may be oral or written and must deal with a specific subject. An oral question is put forward at a special question time arranged in the Chamber. It receives an immediate reply from a minister. The Speaker determines who has the floor at question time. The Speaker may decide to limit interventions to no more than one minute. Question time is held every Thursday in weeks in which the Chamber meets for purposes other than the tabling of business. Should the work situation in Parliament so require, the Speaker may determine that question time be held in a particular week on some day other than Thursday, or that it is cancelled. Government offices must inform the secretariat of the Chamber no later than Friday of the preceding week that ministers will be in attendance at question time. Notice to this effect must be given without delay in the manner determined by the Speaker. Oral questions and answers should be brief and in principle no longer than one minute. A questioner has the right to put another question or comment, and the Speaker may allow further contributions.

A written question may include a brief introductory explanation. The Speaker determines whether a written question may be introduced. If the Speaker considers that a written question conflicts with fundamental law or with the Riksdag act, he or she refuses to allow the question to be introduced, stating the reasons for his decision. If the Chamber requests nevertheless that the question be allowed, the Speaker refers the matter to the committee on the Instrument of Government for decision. The Speaker may not refuse to allow the question if the committee has declared that it does not conflict with fundamental law or with the Riksdag act.

A written question receives a written reply from a minister. It is delivered to the secretariat of the Chamber and must be signed in his or her own hand by the member submitting the question. The Speaker notifies a meeting of the Chamber without delay of his or her decision whether or not to allow the question to be introduced. If the Speaker allows the question to be introduced, he or she forwards it to the minister without delay. The written reply is delivered to the secretariat, which forwards it to the member who submitted the question. Written questions delivered during the week no later than 10 a.m. on Friday receive a reply no later than 12 a.m. on the following Wednesday. The Speaker may determine during a break of more than one month in the work of the Chamber that replies be given within 14 days from the date on which the questions were submitted. The Speaker makes his decision after conferring with the special representatives of the party groups. If no reply is given within this period, the minister informs the secretariat of when the question will receive a reply or that no reply will be given. Written questions are answered in writing and may not lead to a debate.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

The Riksdag board, the Governing Council and executive board of the Riksbank, the parliamentary Ombudsmen, the board of the national audit office and the auditors general may make submissions to Parliament in matters affecting the competence, organisation, personnel or working procedures of the body concerned. Parliament may also require these bodies to make submissions to it in other cases.

Representation of Parliament in governing bodies of the Government administration

To a large degree, members of the boards of Government agencies are recruited from among parliamentarians. However, in these functions, they represent the public and not Parliament, which is why such members are subordinated to Government.

Existence of an ombudsman

Yes

Method for appointing the executive

Parliament elects parliamentary Ombudsmen for four-year terms to supervise the application of laws and other statutes in the public service (Article 12, paragraph 6 of the Instrument of Government). The parliamentary Ombudsmen are four in number, one Chief Ombudsman, and three Ombudsmen. The Chief Parliamentary Ombudsman acts as administrative director and determines the main thrust of the Ombudsmen's activities. Parliament may in addition elect one or more Deputy Ombudsmen. A Deputy Ombudsman will have held office previously as a Parliamentary Ombudsman.

Relationship to Parliament

An Ombudsman is entitled to be present at the deliberations of a court of law or an administrative authority and has access to the records and other documents of such an authority. Public or administrative authorities and any state or local Government officials must provide an Ombudsman with such information and opinions as he or she may request. A similar obligation is incumbent upon any other person coming under such supervision. A public prosecutor assists an Ombudsman if so requested. The Chief Parliamentary Ombudsman and the Parliamentary Ombudsmen may make submissions to Parliament on an issue that has arisen in their supervisory activities. They report annually to Parliament and their report is examined by the committee on the Instrument of Government.

Consultation of Parliament in the preparation of the national budget

Yes

Twice a year, in April and September, the minister of finance delivers governmental plans for using the money at its disposal to the Speaker of Parliament. Parliament takes a decision on the proposals, known as the spring fiscal policy bill and the budget bill. They are the two stages of a process that leads to the Government's proposed budget for the central Government sector. The spring fiscal policy bill contains the Governments proposed broad guidelines for economic and budget policy over the next few years. By the time the budget bill is delivered in the autumn, the plans have been fashioned into a budget for the next year. This budget provides detailed proposals on the allocation of Government expenditures and revenue to different areas, depending on the Government's priorities.

Modalities of oversight

Examination of the budget / finance act by Parliament

The budget year starts on 1 January. Prior to this date, Government submits a bill setting out proposals for state revenue and expenditure for the budget year. This budget bill contains a finance plan and a budget proposal. If Parliament has approved the allocation of state spending to expenditure areas, the budget bill includes an allocation of appropriations accordingly. A bill relating to state revenue or expenditure for the coming budget year may be submitted subsequent to the budget bill only if Government considers that exceptional economic policy grounds exist for such an action. Parliament adopts the national budget for the next budget year or, if special reasons so warrant, for some other budgetary period (Article 9, paragraph 3 of the Instrument of Government). In this connection, Parliament determines estimates of public revenue and makes appropriations for specific purposes. Decisions taken in this connection are incorporated in a national budget. Parliament may decide that a particular appropriation within the national budget be made for a period other than the budgetary period.

Reports on the budget / finance act by Committees

A parliamentary committee is entitled to introduce proposals in Parliament on any matter falling within its remit. Such a committee initiative takes the form of a committee report. The committee on finance is entitled, for purposes of economic policy, to introduce proposals in Parliament also on a matter falling within the remit of another committee. It prepares, more generally, matters concerning the general guidelines for economic policy and the adoption of the national budget, and the activities of the Riksbank. The committee also prepares proposals for expenditure limits for expenditure areas, and for draft estimates of state revenue. All committees deliver reports on all matters which have been referred to them, and which have not been withdrawn.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds. When adopting a budget, Parliament has regard to the need for funds for the defence of the Realm in time of war, danger of war, or other exceptional circumstances.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The spring fiscal policy bill contains the Government's proposed broad guidelines for economic and budget policy over the next few years. By the time the budget bill is delivered in the autumn, the plans have been fashioned into a budget for the next year. This budget provides detailed proposals on the allocation of Government expenditures and revenue to different areas, depending on the Government's priorities.

Parliament's deadline for the examination and adoption of the budget / finance act

The budget bill must be submitted no later than 20 September in years in which there is no election for Parliament in September. In other cases, the bill must be submitted no later than one week after the opening of the parliamentary session. If this is impossible due to a change of Government, the budget bill is submitted within 10 days from the date on which a new Government takes office, but no later than 15 November. A matter relating to the national budget for the next budget year must be settled before the start of the budget year (1 January), if settlement cannot be deferred without detriment to adoption of the national budget.

Consequences of failure by Parliament to adopt the budget / finance act

If time does not permit final adoption of the national budget before the start of the budgetary period, Parliament makes appropriations, as required to cover the period until a budget is adopted for the budgetary period concerned (Article 9, paragraph 4 of the Instrument of Government). Parliament may authorise the committee on finance to take such a decision on its behalf.

Budgetary autonomy of Parliament

No

Not applicable

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Oversight is exercised in connection with the budget process.

Parliamentary oversight of public companies

Yes

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The national audit office is an authority under Parliament whose function is to audit the activities of the state (Article 12, paragraph 7 of the Instrument of Government). The national audit office's audit may extend also to activities other than activities of the state. It is under the direction of three auditors general, who are elected by Parliament. The auditors general decide independently what activities to audit. They determine severally and independently how their audit is to be carried out and formulate their own conclusions on the basis of their audit. In addition to the audit office, the agency for public management helps to develop administrative policy and also ensures that electronic infrastructure in the public sector is open and secure.

Reports of the public auditor's office

The national audit office also has a board, which is appointed by Parliament. The board's task is to monitor audit activities, to put forward to Parliament the proposals and reports which result from the audit activities and audit statements of the auditors general, and to determine draft appropriations under the national budget and the annual reports of the office. The agency for public management provides Government with analyses for decision-making by carrying out cost-effectiveness analyses of state use of premises and making comments on consultative documents circulated to the parties concerned.

Specialised committee

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the committee on foreign affairs.

Powers of the Committee

The committee prepares matters concerning (i) the relations and agreements of the Realm with other States and with international organisations; (ii) development assistance to other countries; and (iii) other foreign trade and international economic cooperation, all insofar as these matters do not fall to any other committee to prepare. Matters concerning appropriations falling within its expenditure areas are also prepared by the committee.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in Parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Sweden's relations with other countries are the subject of the foreign policy debate, which is held in February. The Minister for Foreign Affairs opens the debate with a presentation of the Statement of Government Policy on Foreign Affairs. A large number of foreign diplomats are invited to listen to the debate.

Apart from this debate, there are debates on some of the reports presented by the Committee on Foreign Affairs. After a report has been referred to the chamber, it normally takes one to two weeks before the chamber holds a debate and takes a decision. During the debate, the majority position and reasons for this position are presented by the committee.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

There are a number of parliamentary assemblies in which Sweden is represented by members of the Riksdag, for example IPU Assembly, the the OSCE Parliamentary Assembly, the Assembly of the Nordic Council and the Parliamentary Assembly of the Council of Europe. The International Department of the Riksdag has the main responsibility for assisting members of the Riksdag with their work in these parliamentary assemblies.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

Agreements with other States or with international organisations are concluded by Government (Article 10, paragraph 1 of the Instrument of Government). Government may not conclude an international agreement that is binding upon the Realm without the approval of Parliament, 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 that must be determined by Parliament. Nor may Government conclude an international agreement which is binding upon the Realm without the approval of Parliament, if the agreement is of major significance. Government may however act without obtaining the Parliament's approval of the agreement if the interest of the Realm so requires. In such a case Government confers instead with the advisory council on foreign affairs before concluding the agreement.

Parliament may approve an agreement that is concluded within the framework of European Union cooperation, even if the agreement does not exist in final form. Government may commission an administrative authority to conclude an international agreement in a matter in which the agreement does not require the participation of Parliament or the advisory council on foreign affairs. These rules 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.

Other mechanisms for participation in foreign policy by Parliament

In addition to the oversight mechanisms mentioned above, the advisory council on foreign affairs consists of the Speaker and nine other parliamentarians. It is presided over by the Head of State. The council is intended as body for consultation between Parliament and Government. The latter is under obligation to keep the council informed of any foreign policy developments of importance for the security of the country, and to confer with the council before taking any foreign policy decisions of major importance. The Nordic Council is another forum for cooperation between Parliaments and Governments on Nordic issues.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over national defence policy through the committee on defence.

Powers of the Committee

The committee prepares matters concerning (i) military defence; (ii) civil defence, insofar as these matters do not fall to any other committee to prepare; (iii) coordination within the total defence system; (iv) the peacetime emergency and rescue service; and (v) the coastguard service. Matters concerning appropriations falling within its expenditure area are also prepared by the committee.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in Parliament.

Parliamentary oversight of public arms manufacturing companies

Not available

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

A state of war may not be declared without the consent of Parliament, except in the event of an armed attack upon the Realm. Government may authorise the armed forces to use force in accordance with international law and custom to prevent violation of the national territory in time of peace or during a war between foreign States.

Role of Parliament in sending troops abroad

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 (Article 10, paragraph 9 of the Instrument of Government). The armed forces may otherwise be committed to battle or dispatched abroad only provided (i) Parliament consents thereto; (ii) the action is permitted under an act of law that sets out the prerequisites for such action; and (iii) a duty to take such action follows from an international agreement or obligation which has been approved by Parliament.

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

If the Realm finds itself at war or is exposed to the danger of war, the Government or the Speaker convenes Parliament in session (Article 13, paragraph 1 of the Instrument of Government). Whoever issues that notice may determine the meeting place at some place other than Stockholm. If the Realm is at war or exposed to the danger of war, a war delegation appointed from among parliamentarians replaces Parliament if circumstances so warrant. Such an order is issued by the members of the advisory council on foreign affairs. The Prime Minister is consulted, if possible, before the order is issued. If war conditions prevent the council from convening, the order is issued by Government. If the Realm is exposed to the danger of war, the order is issued by the members of the advisory council and the Prime Minister acting jointly. The issue of such an order requires the concurrence of the Prime Minister and six members of the council in order to be valid. The war delegation and Government may determine, either jointly or severally, that Parliament may resume its powers.

While the war delegation is acting in place of Parliament, it exercises the powers otherwise vested in Parliament. It may not however take certain decisions. If the Realm is at war, and if Government is prevented from carrying out its duties, Parliament may decide on the formation of a Government and determine its working procedures. If neither Parliament nor the war delegation is in a position to carry out its duties, Government assumes its powers to the extent it considers necessary to protect the Realm and bring hostilities to a close. Government may not enact, amend, or abrogate a fundamental law, the Riksdag act, or a law on elections of Parliament. If the Realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from the war or the danger of war to which the Realm has been exposed, Government may, with authority in law, adopt by means of a statutory instrument provisions in a particular matter which might otherwise be laid down in an act of law.

If the Realm is at war or exposed to the immediate danger of war, Government may, with authority from Parliament, determine that a task falling to Government be performed by some other public authority. Such authority may not extend to certain powers. Government may conclude a ceasefire agreement without seeking the approval of Parliament and without consulting the advisory council on foreign affairs, if deferment of the agreement would imperil the Realm. Neither Parliament nor Government may make decisions in occupied territory. Nor may any powers vested in a person in his capacity as a parliamentarian or as a minister be exercised in such territory.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

If the Realm is at war, elections for Parliament may be held only if Parliament so determines. If the Realm is exposed to the danger of war when an ordinary election falls due to be held, Parliament may decide to defer the election. Such a decision is reviewed within one year and at intervals of no more than one year thereafter, and they are valid only if at least three fourths of all parliamentarians concur therein. If any part of the Realm is occupied when an election falls due to be held, Parliament approves any necessary modification of its rules. An ordinary election that is not held at the time prescribed may be held as soon as possible after the war ends or the danger of war has passed. It is incumbent upon Government and the Speaker, jointly or severally, to ensure that the necessary steps are taken. If an ordinary election has been held at a time other than the time at which it would normally have been held, Parliament sets the date of the next ordinary election for that month in the fourth or fifth year following the first-named election in which an ordinary election is due to be held.

Modalities of oversight

Body ruling on the constitutionality of laws

The courts

There is no constitutional court in Sweden. It is for the courts and other public authorities to perform the judicial review of constitutionality.

However, there is a Council on Legislation which includes justices, or, where necessary, former justices of the Supreme Court and the Supreme Administrative Court, which pronounce opinions on draft legislation (Article 8, paragraph 18, of the Instrument of Government).

The Council's scrutiny extends to:
1. the manner in which the draft law relates to the fundamental laws and the legal system in general;
2. the manner in which the different provisions of the draft law relate to one another;
3. the manner in which the draft law relates to the requirements of the rule of law;
4. whether the draft law is framed such that the resulting act of law may be expected to satisfy the stated purposes of the proposed law;
5. what problems are likely to arise in the application of the legal act.

Means and procedures

Regarding the scrutiny of constitutionality, 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 may not be applied (Article 11, paragraph 14 of the Instrument of Government). If the provision has been approved by Parliament or by Government, it is waived only if the error is manifest.

Evaluation of laws

No

Not applicable

Measures

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