Government Proposes Bill to Enhance Court Independence and Constitutional Stability

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Government Proposes Bill to Enhance Court Independence and Constitutional Stability
Photo: Lars Schröder/TT

More difficult to change the constitution and more independent courts. These are the proposals in a bill that is now being submitted to the parliament.

We see how the free open society is being questioned or challenged in other countries, it is not possible to take for granted that our future will be characterized by the same stability as before, says Minister of Justice Gunnar Strömmer (M) at a press conference.

The purpose of the bill that is being submitted to the Riksdag today is to strengthen the protection of democracy.

It builds on the proposals submitted by the 2020 parliamentary constitutional committee, where all eight Riksdag parties were involved.

Strengthen Independence

The bill consists of two parts. One part deals with the process when a constitutional law is changed. The first decision, made before a Riksdag election, can still be made with a simple majority in the Riksdag.

But the second decision after the election will require a qualified majority of two-thirds.

The second part of the bill aims to strengthen the independence of the courts from the government and to strengthen the independence of each individual judge.

Among other things, the number of justices in the Supreme Court will be written into the constitution, with a range of between 12 and 20.

Just manipulating the number of judges can be a way to create space to appoint judges you like, or, for that matter, reducing the number of judges can be a way to get rid of judges you dislike, says Gunnar Strömmer.

According to the proposal, a special paragraph will also be introduced in the Instrument of Government on the independence of the courts.

In addition, only authorities under the Riksdag will be able to exercise supervision over the courts' activities. The Chancellor of Justice, which is an authority under the government, will no longer have that role.

Board to Lead Authority

Furthermore, it is proposed that the authority responsible for the administration of the courts, currently the Swedish Courts Administration, will have a more independent role vis-à-vis the government.

It's about increasing the distance from the executive power, i.e. the government, says Strömmer.

According to the proposal, the authority will be led by a board, where a majority will be or have been ordinary judges. The authority will still receive appropriations from the government.

When the committee turned and twisted this issue, they came to the conclusion that there was no other practical order, says Strömmer.

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By TTEnglish edition by Sweden Herald, adapted for local and international readers

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