Sweden

   

Horizontal Accountability

#1
Key Findings
Sweden is the SGI 2024’s top performer (rank 1) in the category of horizontal accountability.

The independent National Audit Office has the authority to audit all state finances. The Swedish Authority for Privacy Protection audits both public and private organizations. Its reports can be used as evidence in court, and are reported in the media.

Judicial review is mainly carried out by the government and public agencies, with courts traditionally serving as tools of political executive power. However, courts are independent. Civil rights and legal certainty are strongly protected. Instances of discrimination, especially against Muslims, are on the rise.

Transparency systems including low administrative discretionary power, strong press freedoms and an autonomous judiciary lead to very low levels of corruption. The parliament has sufficient resources and powers to monitor the executive and help to shape policy effectively.

Independent Supervisory Bodies

#1

Is there an independent audit office? To what extent is it capable of exercising effective oversight?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is somewhat limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There is no independent and effective audit office.
Effective Public Auditing
10
Riksrevisionen, the Swedish National Audit Office (Swedish NAO), is the independent auditing body.
It is an independent public agency under the Riksdag charged with auditing public agencies and operations. Established after a 2003 reform, its purpose is to oversee the financial operations of Swedish public agencies and ensure that resources are used according to the decisions made in the Riksdag.

It is the only body with the authority to audit all state finances. The Swedish NAO also has significant international operations, with a mandate to help developing countries build better auditing practices (Riskrevisionen, n.d.,a; n.d.,b). It issues numerous audit reports available on its website, many also in English. A search in the Retriever database (covering print and digital media, radio, and TV) conducted in January 2023, with the keyword “Riskrevisionen,” returned 13,671 hits for the two-year period 2022 – 2023. The amount, diversity, and relevance of the reports result in considerable media attention.

Citations:
Riskrevisionen. (n.d.a). “About the Swedish NAO.” https://www.riksrevisionen.se/en/about-the-swedish-nao.html

Riskrevisionen. n.d., b. “International Operations.” https://www.riksrevisionen.se/en/international-operations.html

Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is somewhat limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are considerably limited.
 2
 1

There is no effective and independent data protection office.
Effective Data Protection
10
The public agency tasked with protecting individual privacy in Sweden is the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, IMY in Swedish). The data protection regulatory reform associated with the implementation of the EU’s General Data Protection Regulation (GDPR) in 2018 expanded the agency’s remit, which includes protecting citizens’ personal information, such as health and financial data (IMY, 2024a). Consequently, the IMY has seen significant growth in budget allocation and staff in recent years. By December 2023, the number of employees had reached 132 (109 full-time equivalents), compared to just over 30 employees in 2007 (IMY, 2022, 2024b).

The agency audits both public and private sector organizations – from municipalities to H&M – at all levels of governance. These reports are independent, used as legitimate evidence in court decisions, and reported as such in the media (IMY, 2024c).

Citations:
IMY. 2022. “Integritetsskyddsmyndighetens budgetunderlag 2023–2025.” https://www.imy.se/globalassets/dokument/ovrigt/imys-budgetunderlag-2023-2025.pdf

IMY. 2024a. “Our Mission.” https://www.imy.se/en/about-us/swedish-authority-for-privacy-protections-assignment/

IMY. 2024b. “Integritetsskyddsmyndighetens budgetunderlag 2025–2027.” https://www.imy.se/globalassets/dokument/ovrigt/imys-budgetunderlag-2025-2027.pdf

IMY. 2024c. “Audit reports and decisions.” https://www.imy.se/tillsyner/

Rule of Law

#3

To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?

10
 9

The judiciary effectively ensures that the government and legislature act in accordance with the law.
 8
 7
 6


The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
 5
 4
 3


The judiciary fails to ensure effective legal compliance in some crucial cases.
 2
 1

The judiciary fails to ensure effective legal control.
Effective Judicial Oversight
10
The Council on Legislation (Lagrådet) has the mandate to advise and provide an overall assessment of the quality of all legislation that could relate to constitutional issues.

The council has a purely advisory (non-binding) role. Judicial review is mainly carried out by the government and public agencies, with Swedish courts traditionally serving as tools of political executive power rather than as a means of balancing power (Ahlbäck Öberg and Wockelberg 2016). In the consensus-oriented corporatist Swedish system, agreements are typically reached by political parties and other actors, rendering judicial intervention less important than in the United States, where the courts are commonly used as adjudicators. Supreme Court justices are appointed by the cabinet by simple majority. These appointments shall be meritocratic and not guided by political allegiances. The findings of a landmark commission of inquiry titled Enhanced Protection for Democracy and the Independence of the Courts (Förstärkt skydd för demokratin och domstolarnas oberoende) were released in 2023. This report concerns a series of proposed legislative changes, including constitutional amendments, aimed at further protecting the independence of courts and justices.

The commission posits that the current system effectively ensures the independence of courts and judges but proposes proactive changes to safeguard this independence in the long term. One key recommendation is a constitutional amendment explicitly stating that “justice is administered by independent courts” (SOU 2023, 47).

Additionally, the commission calls for the establishment of a new, autonomous central court administration agency named Domstolsstyrelsen, or the Board of Courts. The leadership of this agency would be selected by a board, with a majority of its members being permanent judges, thus ensuring independence from the government.

The commission further suggests amendments related to the appointment and removal of justices. These amendments would limit governmental influence in the appointment procedure and include formal rules to ensure diversity and broad representation on the Judges Proposal Board, which handles the nomination process.

Further recommendations include changes in the oversight and accountability of courts, the number of justices, and, if necessary, the special composition of the Supreme Court. These proposals are consolidated in a joint act, the Law about Courts and Justices (lag om domstolar och domare).

In summary, this commission of inquiry recommends sweeping and fundamental changes in a proactive attempt to strengthen institutions against potential future misuse. As of January 2024, these changes are in the process of being legislated.

Citations:
Ahlbäck Öberg, Shirin and Helena Wockelberg. 2016. “The Public Sector and the Courts.” In Jon Pierre, ed., The Oxford Handbook of Swedish Politics. Oxford: Oxford University Press, 130-146.

SOU (Statens Offentliga Utredningar). 2023. Förstärkt skydd for demokratin och domstolarnas oberoende. SOU 2023:12 https://www.regeringen.se/rattsliga-dokument/statens-offentliga-utredningar/2023/03/sou-202312/

How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?

10
 9

There are no limits or constraints on the realization of civil rights.
 8
 7
 6


There are no significant limits or constraints on the realization of civil rights.
 5
 4
 3


There are some significant limits or constraints on the realization of civil rights.
 2
 1

There are multiple significant limits or constraints on the realization of civil rights.
Universal Civil Rights
9
Civil rights and an egalitarian society are core Swedish values. The constitution has a chapter devoted to human rights, and legal certainty is a governing principle for public administration.

However, there are increasing causes for concern. Although discrimination based on sex, transgender identity or expression, religion or other beliefs, disability, sexual orientation, or age is illegal, the Discrimination Ombudsman (DO) reported an upward trend in incidents in 2021, with high numbers continuing in 2022 (DO 2022; 2023). The DO suggests that discrimination occurs in all segments of society, with discrimination based on sex, ethnicity, or age being the most prevalent. The DO also reports a high number of incidents against Muslims or people perceived to be Muslim.

In 2022, the constitution was amended to limit the right to associate with groups that support terrorism, have military operations, or persecute people on the basis of ethnic origins or skin color (Sveriges Riksdag, 2022).

The de facto segregation of suburbs in large metropolitan areas continues, and gang violence remains a significant challenge in some regions, infringing upon citizens’ personal freedom of movement. This societal fracturing is cause for concern and an issue that has remained unresolved for quite some time.

Citations:
DO (Diskrimineringsombudsmannen). 2023. “Förekomst av diskriminering, 2023.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2023/forekomst-av-diskriminering-2023

DO ([Diskrimineringsombudsmannen). 2022. “Statistik över anmälningar som inkom till DO 2015–2021.” https://www.do.se/kunskap-stod-och-vagledning/publikationer-om-diskriminering/2022/statistik-over-anmalningar-som-inkom-till-do-2015-2021

Sveriges Riksdag. 2022. “Kungörelse (1974:152) om beslutad ny regeringsform.” https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/kungorelse-1974152-om-beslutad-ny-regeringsform_sfs-1974-152/

To what extent are public officeholders prevented from abusing their position for private interests?

10
 9

Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
 8
 7
 6


Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 5
 4
 3


Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 2
 1

Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Effective Corruption Prevention
9
Corruption is addressed by a special unit within the Swedish Prosecution Authority (Åklagarmyndigheten, n.d.). Sweden’s transparency systems, characterized by low power discretion within the administration, high freedom of the press, and an autonomous judiciary, result in the country having one of the lowest levels of corruption globally. It ranks 5th out of 143 countries. The country excels in both de facto and de jure transparency. However, there has been concern in the past decade regarding attempts by Swedish companies conducting transactions abroad to gain a competitive advantage (Corruption Risk, 2023).

The Government Offices issued an action plan to combat corruption in public administration for 2021 – 2023. The strategies include better controls integrated into organizational operations, risk analyses, increased knowledge and ethical practices, routines for handling suspected corruption, and collaboration for experience sharing (Government Offices, 2020). A report evaluating this action plan and the efforts of public agencies against corruption was expected on December 31, 2023, but was not yet available at the time of writing this report.

Citations:
Corruption Risk. 2023. “Sweden.” https://www.corruptionrisk.org/country/?country=SWE

Government Offices of Sweden. 2020. “Ett utvecklat arbete mot korruption i den offentliga förvaltningen. Handlingsplan mot korruption 2021-2023.” https://www.regeringen.se/regeringsuppdrag/2020/12/uppdrag-att-framja-arbetet-mot-korruption-i-den-offentliga-forvaltningen/

Åklagarmyndigheten. n.d. “Korruptionsbrott.” https://www.aklagare.se/om-brottsligheten/olika-brottstyper/Korruptionsbrott/

Legislature

#1

Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?

10
 9

As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
 8
 7
 6


As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
 5
 4
 3


As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
 2
 1

The resources provided to legislative members are not suited for any effective monitoring of the government.
Sufficient Legislative Resources
10
The Riksdag Administration (Riksdagsförvaltningen) has a staff of about 700 employees and is a public agency tasked with providing administrative support and services to the members of the Swedish parliament (Sveriges Riksdag 2023). These services include providing expert knowledge as a basis for policy decisions. The agency is also mandated to ensure that the Riksdag constitutes a good work environment.

Riksdagsförvaltningen is responsible for a range of tasks, including communicating the Riksdag’s work to the public and maintaining the buildings and artifacts it houses. Reports drafted by Riksdagsförvaltningen are available upon request.

Citations:
Sveriges Riksdag. 2023. “The Riksdag Administration.” https://www.riksdagen.se/en/how-the-riksdag-works/the-riksdag-administration/#the-council-for-members-affairs-02

Are legislative committees able to exercise oversight of government activities in practice?

10
 9

The legislature is able to exercise its oversight function.
 8
 7
 6


The legislature is able to exercise its oversight function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its oversight function in a significant number of cases.
 2
 1

The legislature’s oversight function is frequently and severely compromised.
Effective Legislative Oversight
10
Parliamentary committees have the right to review all public documents, with the exception of those that are classified or part of an ongoing decision-making process. The Parliamentary Committee on Constitutional Affairs (KU) is responsible for reviewing the work of members of parliament. The committee has the mandate to weigh in on any issue raised by members of parliament, including EU subsidiarity issues, which have been on the rise in 2023 (Sveriges Riksdag 2023). KU also has the authority to summon parliamentarians and access documents. While this access to documents has been an issue in past years, current reports do not indicate the continuation of this problem.

Citations:
Sveriges Riksdag. 2023. “Uppföljning av riksdagens tillämpning av subsidiaritetsprincipen.” https://www.riksdagen.se/sv/dokument-och-lagar/dokument/betankande/uppfoljning-av-riksdagens-tillampning-av_hb01ku5/

Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?

10
 9

The legislature is able to exercise its investigation function.
 8
 7
 6


The legislature is able to exercise its investigation function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its investigation function in a significant number of cases.
 2
 1

The legislature’s investigation function is frequently and severely compromised
Effective Legislative Investigations
10
Oversight and legislative investigations are conducted by the Parliamentary Committee for Constitutional Affairs (KU). Any member of parliament can initiate an investigation by petitioning the committee. This holds true both de jure and de facto. KU includes members of all political parties in proportion to the seats they hold in parliament. Furthermore, the current chair belongs to the Social Democrats, a party currently in the opposition.

A vote of no confidence can be initiated by any party, as long as 35 members of parliament support it. For a vote of confidence to pass, a simple majority of 175 MPs is required. The Riksdag has voted on this issue 14 times in total (Sveriges Riksdag 2024).

In 2021 an unprecedented vote took place, partly demonstrating the increasing power of the radical right Sweden Democrats in Swedish politics. The Sweden Democrats initiated a vote of no confidence against the then Social Democratic Prime Minister Stefan Löfven. The vote passed for the first time in Sweden’s history, with 181 for, 51 against, 51 abstaining, and 8 MPs absent (Sveriges Riksdag 2024). This event threw the government into turmoil since what is common practice in countries such as the UK or Greece – snap elections – is never done in Sweden. They are not unconstitutional, as in Norway, but they are not part of the normally stable Swedish political environment.

The result of the vote of no confidence was the Social Democrat Margareta Andersson replacing Stefan Löfven, leading a largely caretaker government until the 2022 elections. In those elections, the social democratic coalition lost to the right-wing alliance led by the Moderate Party.

Citations:
Sveriges Riksdag. 2024. “Misstroendeförklaring.” https://www.riksdagen.se/sv/sa-fungerar-riksdagen/riksdagens-uppgifter/kontrollerar-regeringen/#misstroendeforklaring-60

To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?

10
 9

The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
 8
 7
 6


The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
 5
 4
 3


The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
 2
 1

The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
Legislative Capacity for Guiding Policy
10
Parliamentary work takes place in 15 committees and one Committee on European Union Affairs. These roughly align with the ministries in the Government Offices. If there are issues cutting across two committees, a joint committee is formed. For example, if work needs to be performed across the Committees on Foreign Affairs and Defense, a joint committee would be created. Each committee has 17 members, proportionally divided according to the seats parties have in parliament. Committee chairs can – and often do – belong to opposition parties. The allocation of committee chairs is a bargaining process among political parties (Sveriges Riksdag, 2024).

In a rare public glimpse into parliamentary committee work, this bargaining was highlighted after the 2022 election. The radical right-wing Sweden Democrats had sufficient voter backing to negotiate the leadership of committees, including the chair of the Committee on Justice and the vice chair of the Committee on Defense.

Citations:
Sveriges Riksdag. 2024. “Så arbetar utskotten.” https://www.riksdagen.se/sv/sa-fungerar-riksdagen/utskotten-och-eu-namnden/sa-arbetar-utskotten/
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