COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Sweden Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

EN EN
EUROPEAN
COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 527 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Sweden
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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1
ABSTRACT
An all-party Committee of Inquiry has been, since 2020, examining how to strengthen the
independence of the judiciary in Sweden and is expected to deliver its report by February
2023. The Government has proposed a higher, multi-year budgetary allocation to the Swedish
courts in response to an increased caseload, which has addressed some of stakeholders’
concerns. To further improve the level of digitalisation, a new system of case management of
criminal cases will be introduced in 2022 and the Council on Digitalisation of the Judicial
System has adopted a Strategic Plan for 2023-2027. Even though the number of
administrative cases continues to rise, the efficiency of the Swedish justice system has been
maintained.
As in previous years, Sweden’s perceived corruption levels remain among the lowest in the
EU and the world. Transparency is the cornerstone of Sweden’s anti-corruption approach.
Some anti-corruption related legal provisions are under review. An interim report in the
framework of the National Anti-Corruption Plan for 2021-2023 from the Agency for Public
Management showed that most institutions have corruption prevention tools in place,
although additional work remains. Institutions fighting corruption are generally well
resourced. Corruption related to infiltration of organised crime groups into the public service
and/or licit economy is a concern. Rules on ‘revolving doors’ cover top executive functions
in the Government, but are overall limited in scope. The Government launched an inquiry to
evaluate these rules in June 2022 which should be completed by August 2023. The
Government is updating the overall Ethical Guidelines for the Government Offices. Lobbying
continues to be unregulated. Foreign bribery remains an area of concern with only moderate
levels of prosecution and final judgments, and shortcomings in its legislative definition.
Sweden has a strong legal framework guaranteeing media freedom and pluralism with
safeguards stemming both from the Constitution and from legislation. No media-specific
legislation concerning transparency of media ownership exists in Sweden; however, the
Government has proposed amendments to the Radio and Television Act aiming at enhancing
the transparency of media ownership. It is reported that Swedish journalists continue to
benefit from among the most favourable working conditions in the world, though online
harassment is on the rise. The Government has taken further steps to improve journalists’
protection, not least as part of an ongoing review of the protection afforded by criminal law
to certain vital functions in the society.
Following several extensions of the legislation empowering the Government to take more
restrictive measures in the context of the COVID-19 pandemic, the legislation in question has
ceased to apply as of April 2022. The Parliament no longer relies on informal agreements
between the Speaker and the party leaders to ensure its functioning, and returned to its
ordinary working procedures in February 2022. The experience of the COVID-19 pandemic
underlined the need for a comprehensive legal framework to deal with similar severe
peacetime crises and led to the task for a committee of inquiry to examine a possible need to
amend the Constitution. A National Human Rights Institution has been established and
commenced its operations in January 2022. The civil society space in Sweden remains open
and the framework rules under which civil society organisations operate, notably related to
funding, are being reviewed. While the review has been generally welcomed, stakeholders
have expressed some concerns on potential limitations that could have an impact on civil
society engagement.
2
RECOMMENDATIONS
It is recommended to Sweden to:
 Continue the work of the Committee of Inquiry on strengthening the protection of
democracy and the independence of the judiciary, taking into account European standards
on judicial independence.
 Evaluate the scope, impact and implementation of the rules relating to revolving doors
that cover top executive functions in the government.
 Strengthen the fight against foreign bribery, including through amending existing legal
definitions and improving on prosecution and final judgments of cases.
 Ensure that on-going reforms to the legal framework for the funding and operation of
civil society organisations do not unduly affect civil society engagement.
3
I. JUSTICE SYSTEM
The Swedish justice system has two branches: the general courts, consisting of 48 district
courts, six courts of appeal and the Supreme Court; and the administrative courts with 12
administrative courts, four administrative courts of appeal and the Supreme Administrative
Court. There are also two special courts1
. The National Courts Administration, an agency
operating under the Ministry of Justice, is responsible for the overall management of the
Courts, including allocation of resources, staffing levels and equipment. The independent
Judges’ Proposal Board2
prepares proposals for all judicial appointments3
, based on which
judges are appointed by the Government4
. The Swedish Prosecution Service5
is independent
and separate from the Government. Sweden is undertaking steps for joining the European
Public Prosecutor’s Office (EPPO) as the Government intends to present a government bill to
the Parliament in 20226
. The Swedish Bar Association is an independent and self-governing
association established by law and is responsible for supervision of the professional activities
of advocates and taking disciplinary measures against its members7
.
Independence
The level of perceived judicial independence in Sweden continues to be high both among
the general public and companies. Overall, 74% of the general population and 70% of
companies perceive the level of independence of courts and judges to be ‘fairly or very good’
in 20228
. According to data in the 2022 EU Justice Scoreboard, no clear trend can be
identified in the evolution of the perceived level of independence since 2016. The perceived
judicial independence among the general public has increased in comparison to 2021 (71%),
but it remains lower than in 2016 (77%). For companies, the situation is the opposite: it has
slightly decreased in comparison with 2021 (71%) but is higher than in 2016 (66%).
The Committee of Inquiry on strengthening the protection of democracy and the
independence of the judiciary has continued its work and will present its report by
February 2023. The all-party committee has been meeting regularly and has intensified its
work, including by setting up two external expert groups to support it in its tasks, one in
1
The Labour Court and the Defence Intelligence Court. Input from Sweden for the 2021 Rule of Law Report.
For a description of the judicial structure, see CEPEJ (2021), Study on the functioning of judicial systems in
the EU Member States.
2
The Judges’ Proposal Board is composed of nine members: five current or former judges proposed by the
courts, two law graduates working outside the court system (one lawyer proposed by the Bar Association,
the other proposed by the Swedish Association of Local Authorities and Regions and the Swedish Agency
for Government Employers) and two representatives of the public. The members of the public are appointed
by Parliament (and are usually members of Parliament), while the seven other members are appointed by the
Government.
3
The Judges’ Proposal Board, following an assessment of the applicants’ qualifications, submits a motivated
proposal (ranked list, in general three candidates) to the Government, which appoints the judge. If the
Government intends to select a candidate not included in the proposal of the Judges’ Proposal Board, the
Board is to have an opportunity to submit an opinion on the candidate. In practice, since 2011, when the
current system came into force, the Government has always followed the proposal.
4
Act on the Appointment of Permanent Judges (2010:1390).
5
Instrument of Government, Chapter 12, Section 2.
6
Input from Sweden for the 2022 Rule of Law Report, p. 1.
7
Code of Judicial Procedure, Chapter 8.
8
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
4
relation to the constitutional amendments and another dealing with independence of the
judiciary9
. The Committee has been carrying out comparative research on judicial
independence and constitutional amendments, notably by looking at Member States with
similar characteristics10
. It was set up in February 2020 and will deliver its report in February
202311
. Key issues will include the retirement age and number of Supreme Court judges, the
status and independence of the National Courts Administration and the process for amending
the Constitution. While this is not part of the Committee’s mandate, stakeholders have also
raised the issue of the Swedish Chancellor of Justice, who is appointed by the Government
and tasked with supervising courts and judges, and initiating disciplinary procedures against
judges, which could raise concerns in view of judicial independence12
. As noted in the 2021
Rule of Law Report, salaries of newly appointed judges continue to be set based on a
collective agreement between the judges and the National Courts Administration and within
this framework they are revised annually between the judge and the responsible Court
President13
.
Quality
In response to an increased caseload in the Swedish courts, the Government has
proposed a higher, multi-year budgetary allocation to the National Court
Administration. In the Budget Bill for 2022, the Government allocated to the Swedish courts
for their activities in the period 2022-2024 approximately EUR 623 million (SEK 6.7
billion)14
, which is an increase of almost 5 percent compared to 202115
. As noted in the 2021
Rule of Law Report, the stakeholders and the National Courts Administration had stressed the
need for increasing the resources on a longer-term instead of a year-by-year basis to ensure
predictability and allow courts to cope with increasing numbers of criminal cases16
. The
National Courts Administration submitted to the Government its response on the proposed
budgetary allocations on 28 February 2022. It has asked for additional resources on certain
specific allocation items, including approximately EUR 10.7 million (SEK 115 million) for
9
The expert group examining the question of constitutional amendments is composed of two professors of
political science, a judge of the Supreme Administrative Court and a former head of the secretariat for the
Constitution Committee. The expert group that is dealing with the topic of the independence of the judiciary
is composed of representatives for the Judges’ Association, the Swedish Bar Association and the National
Courts Administration, as well as a senior lecturer of political science and a law professor. The inquiry
committee has also set up a separate group consisting of three justices from each of the two supreme courts,
which is looking at questions from the committee’s assignment that specifically concern the supreme courts
(e.g. whether the number of the justices should be regulated in the Constitution). Information received from
the Secretariat of the inquiry committee.
10
The work of the committee is taking into account relevant European standards, in particular
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe and relevant
Venice Commission opinions. See 2021 Rule of Law Report, Country Chapter on the rule of law situation in
Sweden, p. 3.
11
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, pp. 2-3 for a detailed
overview of the Committee’s mandate. In March 2021, the Committee delivered a report on the first part of
its mandate, namely relating to possible restrictions to the freedom of association for terrorist associations.
12
Contribution from Civil Liberties Union for the 2022 Rule of Law Report, p. 3.
13
According to the Judges’ Association, there has been no changes on the salary system in the period under
observation. See also Rule of Law Report 2021, Country Chapter on the rule of law situation in Sweden,
p. 3.
14
Input from Sweden for the 2022 Rule of Law Report, p. 5; Contribution from the National Courts
Administration for the 2022 Rule of Law Report, p. 11.
15
As noted in the 2021 Rule of Law Report, the allocation in 2020 was approximately EUR 585 million (SEK
6 billion) and approximately EUR 625 million in 2021 (SEK 6.4 billion).
16
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 4.
5
the operation of the courts in 202517
. While the increased allocation was broadly welcomed
by stakeholders, the Judges Association pointed out that the increase in allocations to courts
needs to be compared with the even greater increase of allocations to the Prosecution
Authority and the Police18
. The recruitment of judges is an important challenge for the
Swedish courts19
. Sweden has been spending around 0.27% of its GDP on law courts at a
stable level since 2012, and in particular for the period 2018-202020
.
Digitalisation of justice is addressing some of the gaps and the Council on Digitalisation
of the Judicial System has adopted the Strategic Plan for 2023-2027. The use and
availability of digital technology in Swedish courts is overall good21
. During 2021 more than
180 000 videoconference calls to and from court rooms were made, which represents an
increase of 40% (127 000 in 2020) 22
. However, shortcomings in accessing first instance court
judgments online and arrangements for their machine readability remain23
. While there has
been some improvement on digital solutions to conduct and follow criminal proceedings,
notably concerning the possibility for victims and defendants to submit written statements
online, the available digital tools remain limited24
. The digital case management of criminal
cases at first instance will be operational by the end of September 202225
. The new system for
digital court judgments in criminal proceedings is expected to lead to significant
improvements in the accessibility to first instance digital court judgments and their machine
readability26
. After the completion of that project in autumn 2022, the system will be
gradually integrated with other authorities and developed to handle also other types of
proceedings and judgments27
. In February 2022, the Council on Digitalisation of the Judicial
System28
adopted the new Strategic Plan for Digitalisation of the Judicial System for 2023-
202729
. That Plan focuses on joint efforts between the authorities and cooperation on
17
National Courts Administration (2022) Budget Support 2023-2025, pp. 7-9.
18
Opinion published in Svenska Dagbladet (2022), Unstable funding hits court, and information received from
the Judges Association in the context of the virtual country visit to Sweden.
19
National Courts Administration (2022) Budget Support 2023-2025, p. 7. The Judges Association has also
referred to problems with filling vacancies in certain courts the during the country visit.
20
Figure 35, 2022 EU Justice Scoreboard.
21
Figures 42 and 43, 2022 EU Justice Scoreboard.
22
Contribution from the National Courts Administration for the 2022 Rule of Law Report, p. 12.
23
Figures 48 and 49, 2022 EU Justice Scoreboard.
24
Figure 47, 2022 EU Justice Scoreboard.
25
This project involves the development of a new judgment in criminal cases with a structured information
flow throughout the legal chain, electronic signature of the judgment, digital original judgments and built-in
data protection. National Courts Administration (2022), Annual report 2021, p. 89.
26
Written contribution from the National Council for Crime Prevention in the context of the country visit to
Sweden.
27
Written contribution from the National Council for Crime Prevention in the context of the country visit to
Sweden.
28
A Secretariat to the Council was set up within the structure of the National Council for Crime Prevention in
September 2020. The Council consists of the heads of eleven different authorities: National Council for
Crime Prevention, Crime Victim Compensation and Support Authority, National Courts Administration,
Economic Crime Authority, Prison and Probation Service, Coast Guard, Police, National Board of Forensic
Medicine, Tax Agency, Customs Authority and Prosecution Authority. See also 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Sweden, p. 4.
29
The different authorities within the judiciary have their own individual strategic plans and strategies for
digitalisation that exist in parallel to the new strategic plan. The previous strategic planning phase of the
cooperation on digitalisation of the judiciary will be concluded in 2022. By the end of that phase, all major
information flows between the authorities within the criminal proceeding process will have been digitalised.
Written contribution from the National Council for Crime Prevention in the context of the country visit to
Sweden.
6
digitalisation of the judiciary; a roadmap will further outline the main activities and initiatives
to implement the plan’s strategic goals30
.
Efficiency
Notwithstanding a continued increase in the number of administrative cases, the
efficiency of the Swedish justice system is maintained. The number of incoming civil and
commercial litigious cases has remained comparatively low in 2020, while incoming
administrative cases have continued their rising trend31
. However, the estimated time needed
to resolve administrative cases at first instance is short (107 days in 2020) and has continued
to decrease (125 days in 2019)32
. The clearance rate has improved for both civil and
commercial litigious cases (from 97.5% in 2019 to 102.8% in 2020) and for administrative
cases (from 101.7% in 2019 to 102.3% in 2020)33
. The number of pending civil, commercial,
administrative and other cases in 2020 remains comparatively low and has slightly decreased
compared to 201934
. In general, the courts have continued to remain open during the COVID-
19 pandemic and decisions on postponing hearings were taken at the level of individual
courts. According to the National Courts Administrations data35
, the rate of postponed
hearings has overall decreased in 2021 (being at 19.9% in 2021 compared to an average of
20.9% in 2020)36
.
Sweden has introduced new rules aimed at improving the efficiency of its court
procedures. In November 2021, the Code of Judicial Procedure was amended to allow the
courts to decide certain criminal and civil cases without a hearing37
. The aim of the
amendment was to improve the efficiency in handling and deciding cases, while respecting
the rights of the parties38
. In addition, since October 2021, a pilot scheme for fast-track
criminal legal proceedings was extended to 27 of the 48 district courts, including six of
30
The strategic plan foresees four strategic goals, namely: a digital and structured information flow throughout
the criminal proceeding process, the communication with natural and legal persons is digital and coordinated
where relevant, the right digital preconditions for following up and analysing the judiciary, and an efficient
cooperation that supports innovation. Written contribution from the National Council for Crime Prevention
in the context of the country visit to Sweden.
31
Figures 3 and 5, 2022 EU Justice Scoreboard.
32
Figure 9, 2022 EU Justice Scoreboard.
33
Figures 12 and 13, 2022 EU Justice Scoreboard.
34
Figure 14, 2022 EU Justice Scoreboard.
35
According to the National Courts Administration’s data, in 2021 the number of incoming and decided cases
has slightly decreased (by 2,3% for incoming and 1,9% for decided cases compared to 2020), while the
number of cases pending at end of the year has continued to decrease (158 245 in 2021 compared to 164 499
in 2020). The Supreme Court saw the highest increase in percentage for incoming cases, with a 16 %
increase from 2020 to 2021 (6 982 cases in 2020 compared to 8 113 cases in 2021) and a 29% increase in
cases pending at end of year (1 041 cases in 2020 compared to 1 346 cases in 2021). National Courts
Administration (2022), Annual report 2021, pp. 16, 17 and 19.
36
National Courts Administration (2022), Annual report 2021, p. 83. The figure for cancelled hearings reports
the proportion of cancelled meetings in relation to total number of meetings for all Swedish courts. The
figures per court may vary significantly.
37
Swedish Government (2021), Extended possibilities to decide cases on the merits in the general courts.
38
In criminal cases, the District Courts may decide a case without a hearing if the sentence is not more severe
than a fine or a conditional sentence combined with a fine. Previously it was only possible if the sentence
was a fine. The court must still arrange a hearing at the request of a party. In civil cases, the Court of Appeal
may decide a case without a hearing if it is unnecessary. Previously the condition was that the hearing was
manifestly unnecessary. The amendment aligned the rules concerning the civil procedure with the
corresponding rules on criminal cases in the procedures at the Court of Appeal. Information received from
the Ministry of Justice in the context of the country visit to Sweden.
7
Sweden’s largest cities39
. A special inquiry has proposed to the Government that this practice
should be made permanent and used in all Swedish courts from January 2023 onwards40
.
II. ANTI-CORRUPTION FRAMEWORK
Sweden has the legislative and institutional framework to combat and prevent corruption
broadly in place. The National Anti-Corruption Unit is the specialised prosecution agency
within the Swedish Prosecution Authority responsible for all criminal investigations related
to corruption and bribery, including foreign bribery. As part of the Swedish Police Authority,
the National Anti-Corruption Police Unit is tasked with both investigating corruption crimes
and preventing corruption by supporting different public authorities in the drafting of anti-
corruption policies. The Special Investigation Department of the Police Authority handles
internal investigations of police officers and prosecutors (including as regards corruption
offences). The Swedish Economic Crime Authority organised under the Ministry of Justice
has the mandate to investigate and prosecute serious financial crimes, including the recovery
of proceeds of crime. Other agencies, such as the National Audit Office, the National
Competition Authority, the National Council for Crime Prevention and the Financial
Intelligence Unit of the Swedish Police, are in charge of the prevention and investigation of
corruption, and of forensics and auditing.
The perception among experts and business executives is that Sweden is one of the least
corrupt countries in the world. In the 2021 Corruption Perception Index by Transparency
International, Sweden scores 85/100 and ranks second in the European Union and fourth
globally41
. This perception has been relatively stable over the past 5 years42
. The 2022
Special Eurobarometer on Corruption shows that 32% of respondents consider corruption
widespread in their country (EU average 68%) and 9% of respondents feel personally
affected by corruption in their daily lives (EU average 24%)43
. As regards businesses, 38% of
companies consider that corruption is widespread (EU average 63%) and 14% consider that
that corruption is a problem when doing business (EU average 34%)44
. Furthermore, 36% of
respondents find that there are enough successful prosecutions to deter people from corrupt
39
Between January and October 2021, close to 11 000 cases were decided under that scheme, It has also been
proposed by a special inquiry commissioned that the Government should make this scheme permanent as of
2023 and used throughout the country. Contribution from the National Courts Administration for the 2022
Rule of Law Report, p. 13.
40
Contribution from the National Courts Administration for the 2022 Rule of Law Report, p. 13.
41
Transparency International (2022), Corruption Perceptions Index 2021, pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between
59-50), high (scores below 50).
42
In 2017 the score was 84, while, in 2021, the score is 85. The score significantly increases/decreases when it
changes more five points; improves/deteriorates (changes between 4-5 points); is relatively stable (changes
from 1-3 points) in the last 5 years.
43
Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption
perception and experience is updated every second year. The previous data set is the Special Eurobarometer
502 (2020).
44
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
8
practices (EU average 34%)45
, while 43% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 29%)46
.
The implementation of the first National Anti-Corruption Plan for the public
administration, adopted in December 2020, is ongoing. The aim of the Action Plan is to
provide public agencies with tools and best practices on the prevention of corruption47
. The
Plan has overall been welcomed, including by the Council of Europe’s Group of States
against Corruption (GRECO)48
. Some stakeholders had previously expressed concerns,
including on the absence of provisions on the integrity of top executive functions within the
Government49
and a lack of clarity and ambition, although some dialogue with civil society
has taken place since then50
. As a major milestone under the National Anti-Corruption Plan,
the Agency for Public Management published an interim report on the Government’s
corruption prevention policy, surveying 209 governmental authorities. Overall, about 80% of
the authorities have risk analysis related to corruption in place and 65% of those surveyed
have also set up a procedure to report irregularities. The interim report highlights three
factors for improvement: the various authorities’ understanding of the concept of corruption,
the role of the management and the availability of the necessary resources and expertise. The
Agency will follow-up on the results of the report, in line with the Anti-Corruption Plan, and
report by the end of 202351
.
Some legislative provisions related to anti-corruption are under review. As reported in
the 2020 and 2021 Rule of Law Reports52
, a wide range of corruption offences are
criminalised in Sweden and legislative reviews on some specific issues are under way. A
committee of inquiry tasked with reviewing the statute of limitations has proposed to extend
this statute as applied to serious crimes, including the offences of ‘gross taking of a bribe’
and ‘gross giving of a bribe’ from 10 years to 15 years. This proposal is now under
consultation within the Government53
. A committee of inquiry into corruption in the
gambling sector has also identified a number of potential measures to reduce risks of
corruption. Such potential measures include improving the detection of and the fight against
match-fixing and unlicensed gambling activities, as well as reforms of the gambling and
money laundering legislation54
.
Institutions fighting corruption are generally well resourced, while an audit identified
some shortcomings in the Economic Crime Authority. While the prosecution and the
police confirmed that resources were overall sufficient55
, issues were raised in the area of
economic crime. The Swedish National Audit Office made a number of critical remarks with
45
Special Eurobarometer 523 on Corruption (2022).
46
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
47
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 6.
48
GRECO Fifth Evaluation Round – Compliance Report, recommendation i, paras. 7-11.
49
GRECO Fifth Evaluation Round – Compliance Report, recommendation i, paras. 7-11.
50
Information received from Transparency International in the context of the country visit to Sweden.
51
Agency for Public Management (2022), Work against corruption is under development, pp. 1-9 and input
from Sweden for the 2022 Rule of Law Report, p. 1 and pp. 9-10.
52
2020 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 5 and 2021 Rule of
Law Report, Country Chapter on the rule of law situation in Sweden, p. 6.
53
Input from Sweden for the 2022 Rule of Law Report, pp. 14-15.
54
Input from Sweden for the 2022 Rule of Law Report, p. 12 and Swedish Government (2021), Measures
against match-fixing and unlicensed gaming activities, pp. 9-15.
55
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 7 and information
received from the Police and Prosecution Service in the context of the country visit to Sweden.
9
regard to the functioning of the Economic Crime Authority, in particular regarding internal
control, information sharing within the organisation and the management, prioritisation and
focus of its activities (including the use of different IT systems, the conduct of investigations
and the prioritisation of preventive activities)56
. The Authority indicated it has taken a
number of measures to address the shortcomings since 2020, which is the last year the
Auditors examined57
. Data of the National Council for Crime Prevention indicates a sharp
increase in reported bribery cases in 2021 compared to 202058
. In 2021, prosecutions were
initiated for 81 bribery-related crimes and 35 convictions were obtained, including two prison
sentences (both for gross bribery)59
.
Corruption relating to infiltration of organised crime groups into the public service
and/or licit economy is a concern. Several government authorities, in their most recent
threat assessment, concluded that gaps exist in the fight against organised crime, including as
regards its influence through corruption on the public sector60
. In particular, responsibilities
spread out over many institutions and a largely trust-based culture combined with a lack of
control tools, make detection of organised crime and links with corruption difficult.
Authorities and businesses seem to be vulnerable to corruption, criminal infiltration and
unauthorised influence linked to organised crime61
. Concerns at local level, including a
reluctance of local officials to report potential misconduct, have also been noted62
, in
particular in the area of social welfare fraud63
. The Government has announced an extensive
inquiry into the issue, to start in 202264
.
Foreign bribery remains an area particularly exposed to risks of corruption due to
insufficient legal provisions and enforcement efforts to hold companies liable. Despite
being a global export country and having a high concentration of multinational companies,
Sweden’s efforts to prosecute and reach final judgments on foreign bribery have been
characterised as moderate65
. The OECD has repeatedly urged Sweden to reform its laws to
56
National Audit Office (2021), The Economic Crime Authority ‘The work towards the organized economic
crime’, pp. 5-7.
57
Information received from the Economic Crime Authority in the context of the country visit to Sweden and
Economic Crime Authority, Annual Report 2021, pp. 6-7.
58
Data submitted on bribery includes 309 reported cases of receiving a bribe, 82 reported cases of offering a
bribe, and 9 reported cases of trading in influence and negligent financing of bribery in 2021 (in total, 400
reported cases compared to 152 reported cases in 2020).
59
Official crime statistics of the National Council for Crime Prevention.
60
Common government authority (2021), Situation assessment of organised crime 2021, p. 3.
61
Common government authority (2021), Situation assessment of organised crime 2021, p. 3, pp. 22-26.
62
Ekström, Anna (Investigative Report for the city of Göteborg) (2021), Is there a culture of silence in
Göteborg city? and information received in the context of the country visit to Sweden.
63
Sweden’s Municipalities and Regions (2021), Welfare offences and unauthorised influences, p. 5: ‘The
problem of unauthorized influence seems to be increasing. Sometimes the attempts to influence are linked to
welfare crimes, sometimes to other decisions made by municipal officials and politicians. The interviews
from officials who work in socio-economically vulnerable areas show that unauthorized influence from
criminals can be present in daily work and lead to self-censorship and a culture of silence. Many officials
interviewed describe this not only in terms of a work environment issue, but also as a threat to our
democratic system’.
64
Svenska Dagbladet (2021), Government wants to map corruption crimes: ‘We will take the initiative for a
broad review of the existence of unauthorized influence on authorities and administrations and also in the
private sector, says [Minister of Justice] Morgan Johansson’.
65
According to information retrieved by the National Anti-Corruption Unit, during 2021 it initiated two
preliminary investigations and saw one indictment in foreign bribery cases (and no final decisions in court
cases); written contribution received from the Prosecution Authority. See also 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Sweden, pp. 7-8.
10
make sure that companies that bribe foreign public officials to obtain advantages in
international business are properly investigated and prosecuted66
. As noted in the 2021 Rule
of Law Report and by the OECD Working Group on Bribery, it remains difficult to
successfully attain convictions in cases of foreign bribery due to difficulties with mutual legal
assistance and the difficulty to gather evidence in such cases67
. The legislative definition of
foreign bribery continues to have shortcomings68
, which remains a concern, in particular due
to a lack of corporate criminal liability under Swedish law69
.
Sweden relies on a strong culture of transparency in dealing with potential conflicts of
interests and ethical breaches. The fundamental law, various rules and codes of conduct
apply to civil servants and decision-makers70
. The Government Offices are currently updating
the content and form of the Ethical Guidelines, which aims to increase access and user-
friendliness and raise awareness about existing laws, rules and codes of conduct provisions.
The document, which would not be legally binding71
, is expected to be adopted before the
general elections in September 202272
. The proposed overarching guidelines would still lack
a supervisory mechanism and there is uncertainty to what extent ministers will be subject to
them, as also noted by GRECO (the exact scope of the guidelines remains to be decided).
Furthermore, there is currently no training on conflicts of interest for top executive functions,
nor is there any advisory committee for ethical issues in place73
. The authorities are planning
to present a digital training offer from autumn 2022 onwards74
. Overall, it remains unclear if
the revised guidelines will adequately address the existing fragmentation of rules.
Public officials’ asset declaration rules remain incomplete. While GRECO welcomed the
introduction of the amended guidelines on asset declarations for public officials75
, its broader
66
OECD (2019), Sweden must urgently implement reforms to boost the fight against bribery.
67
OECD (2017), OECD says Swedish progress combatting foreign bribery insufficient to warrant Phase 4
evaluation, OECD (2019), Sweden must urgently implement reforms to boost the fight against bribery and
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, pp. 7-8, and information
received in the context of the country visit to Sweden.
68
Swedish criminal law does not allow for corporate criminal liability, as only natural persons can be held
criminally responsible. As such, neither Swedish nor foreign companies can be prosecuted. However, a
corporation may be subject to a system of ‘corporate fines’ if a crime has been committed in the framework
of the company’s operations. Company profits linked to foreign bribery cases can be subject to forfeiture.
While the Swedish Government passed some revisions of the laws at the end of 2019 with the aim of
implementing OECD recommendations, concerns and issues remain in practice to effectively obtain final
convictions in foreign bribery cases. In addition, the requirement for dual criminality (i.e. the offence must
be criminally liable under both Swedish and foreign law) hampers prosecution of foreign bribery cases.
69
In the context of its country specific monitoring in relation to the OECD Anti-Bribery Convention, the
OECD has called on Sweden multiple times since 2014 to address issues with its framework on foreign
bribery, including as regards corporate criminal liability, dual criminality and others. For a full overview, see
https://www.oecd.org/daf/anti-bribery/sweden-oecdanti-briberyconvention.htm. See also OECD (2019),
Sweden must urgently implement reforms to boost the fight against bribery and information received in the
context of the country visit to Sweden.
70
GRECO Fifth Evaluation Round – Compliance Report, recommendation ii, paras. 13-23.
71
While the Guidelines will not be legally binding in themselves, the objective of the Ethical Guidelines is to
put the legal framework applicable to civil servants and decision-makers in context and give examples of
situations in which certain laws and rules apply.
72
Information received from the Ministry of Justice and the Agency for Public Management in the context of
the country visit to Sweden and written contribution received by the Ministry of Justice in the context of the
country visit to Sweden.
73
GRECO Fifth Evaluation Round – Compliance Report, recommendation ii and iii, paras. 13-29.
74
Written contribution received by the Ministry of Justice in the context of the country visit to Sweden.
75
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 8.
11
recommendation to introduce a general requirement of declaration of significant liabilities by
ministers and state secretaries, as well as by their spouses and dependents, remains
unaddressed76
.
While lobbying remains unregulated in Sweden, the country’s culture of transparency
and disclosure of information underpins its approach to prevent corruption. In
particular, recommendations from GRECO on introducing rules on guidance for decision-
makers on how to engage with lobbyists and on disclosure of lobbying contacts have not been
implemented77
. No such binding lobbying rules are planned in the near future78
. Nevertheless,
overall, the general culture of disclosure of information to the public, transparency and access
to information remains the cornerstone in Sweden’s corruption prevention approach79
.
Rules on ‘revolving doors’ that cover top executive functions in the Government
continue to be implemented, and an evaluation was launched in June 2022. The rules on
‘revolving doors’ cover ministers, cabinet members and state secretaries who move to
employment and assignments in organisations other than the Government or public sector, as
well as the financial supervisory authority (Auditor-General)80
. The authorities consider that
it appears that the law so far has had the appropriate preventative effect, but that its
implementation period has been too short to properly evaluate its functioning81
. Nevertheless,
Sweden’s post-employment rules remain overall limited in scope and impact82
. Between the
entry into force of the relevant rules in 2018 and the end of May 2022, 21 notices by
ministers or state secretaries were made to the Board for the Examination of Transitionary
Restrictions for Ministers and State Secretaries83
; however, the Board has not instituted any
such transitory measures84
. The Government appointed an inquiry committee in June 2022,
which aims to submit further proposals for transitionary restrictions in the event of a transfer
from certain employment or assignments in the public sector. The inquiry will also evaluate
the existing rules on ‘revolving doors’ for top executive functions in the government, and
should be finalised by the end of 2023.85
Proper rules on political party financing are in place. Reporting obligations for political
parties are clearly defined. National, municipal and local political parties are obliged to
disclose the source of their revenues but not their expenditure to the Legal, Financial and
76
GRECO Fifth Evaluation Round – Compliance Report, recommendation vii and viii, paras. 46-53.
77
GRECO Fifth evaluation Round – Evaluation Report, paras. 51-52 and GRECO Fifth Evaluation Round –
Compliance Report, recommendation v, para. 37.
78
Written contribution received from the Ministry of Justice in the context of the country visit to Sweden.
79
See also section III; 2020 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p.
10.
80
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 8.
81
Written contribution received from the Ministry of Justice in the context of the country visit to Sweden and
GRECO Fifth Evaluation Round – Compliance Report, recommendation vi, paras. 40-45.
82
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 8.
83
One in 2018, nine in 2019, two in 2020, two in 2021 and seven in 2022 (until the end of May 2022).
84
Written contribution received from the Ministry of Justice in the context of the country visit to Sweden and
Activity Report of the Board for the Examination of Transitionary Restrictions for Ministers and State
Secretaries 2021.
85
Swedish Government (2022), The Government appoints an inquiry into transitional restrictions after certain
employments and assignments in the public sector.
12
Administrative Services Agency (Kammarkollegiet)86
. The Agency publishes the finance
reports in a timely manner each July for the previous year87
.
A new Whistleblowers Act was adopted in October 2021. The Act aims to transpose the
EU Whistleblower Directive88
and applies to private and public organisations89
. The Agency
for Public Management has published guidelines to assist government institutions in
implementing the law90
. Stakeholders commended the scope of the law, which will also
include smaller institutions and municipalities, and facilitate the identification of possible
corruption cases91
.
Risks of corruption related to the COVID-19 pandemic are being assessed. The 2021
Rule of Law Report highlighted potential risks in the area of public procurement92
. The
Government appointed a committee of inquiry in September 2021 to, among others, analyse
the need for changed and strengthened regulation to prevent incorrect payments and abuse93
,
and to increase the possibilities of prosecuting suspected crimes; the committee of inquiry
will deliver an interim report by 31 May 202294
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
The Swedish legal framework concerning media pluralism is established by the
Constitution95
and secondary law96
. Freedom of expression is guaranteed by the Instrument of
Government, the Fundamental Law on Freedom of Expression and the Freedom of the Press
Act. The Swedish media regulator, the Press and Broadcasting Authority, functions according
to the Constitution97
and the Radio and Television Act. The Government has proposed
86
Law (2018: 90) on transparency in the financing of parties. See also 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Sweden, p. 9.
87
Legal, Financial and Administrative Services Agency, Report Revenue.
88
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
89
Input from Sweden for the 2022 Rule of Law Report, p. 1 and 11 and written contribution received from the
Ministry of Justice in the context of the country visit to Sweden.
90
Information received from the Agency for Public Management in the context of the country visit to Sweden.
91
Information received from Transparency International in the context of the country visit to Sweden.
92
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, pp. 9-10.
93
In particular, criticism has been raised about the role of the Swedish Agency for Economic and Regional
Growth (Tillväxtverket) in paying out short-term support to companies affected by the pandemic without
having sufficient safeguards to prevent fraud or the appropriate tools to respond to suspicious cases. While
fraud with short-term support funds appeared present, the Swedish Agency for Economic and Regional
Growth did not have the necessary know-how or tools to either prevent or respond adequately to such cases.
See Swedish Government (2020), Assignment on the prevention of crimes linked to the support measures
with government financial and socio-economic consequences taken as a result of the new Coronavirus - final
report, pp.22-23.
94
Swedish Government (2021), Review of support for short-term work, pp. 1 and 9.
95
The Swedish Constitution consists of four fundamental laws: the Instrument of Government, the Act of
Succession, the Freedom of the Press Act and, the Fundamental Law on Freedom of Expression.
96
Radio and Television Act.
97
Relevant parts of the Constitution: the Instrument of Government and the Fundamental Law on Freedom of
Expression.
13
amendments to the Radio and Television Act98
, which will aim at increasing the transparency
of media ownership and update the licensing system99
.
Sweden has in place effective regulatory safeguards for the independence of the media
regulator. The independent Press and Broadcasting Authority100
has an obligation to support
freedom of expression, diversity, independence and accessibility. In accordance with the
Instrument of Government, the Authority houses and serves as a preparatory body for the
Swedish Broadcasting Commission and the Media Subsidies Council, both bodies are
independent from the Authority when acting in their decision-making capacity. The 2022
budget of the Press and Broadcasting Authority was increased by approximately EUR
146 405 (approximately SEK 1.5 million)101
. The Media Pluralism Monitor 2022 (MPM
2022) continues to report a very low risk with regard to the independence and effectiveness
of the Swedish media regulatory authority102
. As also confirmed by stakeholders103
, Sweden
has a well-functioning self-regulatory framework for the media sector, which covers both
private and public media104
. The system has also a good participation105
.
The Government has taken steps to increase transparency of media ownership. The
Swedish legal system does not provide for any media specific legislation concerning
transparency of media ownership. Therefore the MPM 2022 assesses a medium risk for the
indicator on transparency of media ownership. Following an assessment in the context of the
transposition of the Audiovisual Media Services Directive106
, the Government has proposed
amendments to the Radio and Television Act, which would provide for the disclosure of
more information concerning media ownership for all audiovisual media and radio service
providers. The additional information includes also the provision of the ownership structure
and in some cases the corporate identity number. The amendments would be reinforcing the
requirement of the Radio and Television Act to provide accessible information of the name
and contact details of the service providers. Sweden has no sector-specific legislation on
media concentration107
and the market is constituted by a high level of concentration,
particularly in the audiovisual sector108
. Due also to the lack of a specific legislation, MPM
2022 reports a high risk on the indicator for news media concentration109
.
Sweden has in place solid safeguards against governmental or political interference in
public service media. Media independence for electronic media, such as radio and
98
Input by Sweden for the 2022 Rule of Law Report, p. 19, and Swedish Government (2021), Greater
transparency in the ownership of broadcasters.
99
Sweden ranks 3rd in the 2022 Reporters without Borders World Press Freedom Index compared to 3rd in the
previous year.
100
The independence of the Swedish media regulator is stemming from the Constitution (IG Chapter 12,
Section 2).
101
Government Decision 13 concerning the Swedish Press and Broadcasting Authority’s budget,
https://www.esv.se/statsliggaren/regleringsbrev/?RBID=22410.
102
2022 Media Pluralism Monitor, country report for Sweden, p. 11.
103
Information provided by the Swedish Media Publisher’s association in the context of the country visit to
Sweden 2022.
104.
As reported in the 2020 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 8.
105
Information provided by the Media Ombudsman in the context of the country visit to Sweden 2022.
106
As reported in the 2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 11.
107
General competition rules apply to media concentration and mergers.
108
As reported by the Reporters Without Borders country specifics, the Swedish audiovisual market is
dominated by few players, four television and three radio groups (this includes publicly owned media),
https://rsf.org/en/country/sweden.
109
2022 Media Pluralism Monitor, country report for Sweden, p. 13.
14
television, is guaranteed by the Fundamental Law on Freedom of Expression, both for the
private and the public media. Sweden has three public media companies: Swedish Radio
(SR), Swedish Television (SVT) and Swedish Educational Radio (UR)110
. The Parliament
decides on the general remit, the organisational framework as well as the allocation of
funding for the three public companies ahead of each new licensing period. This is based on a
dedicated Government bill, which in turn is based on proposals by a committee of inquiry and
a public consultation. The public media companies decide on the operational fulfilment of
such remit, without the involvement of the Government or the Parliament. However, the
public media companies are required to annually and publicly report on the fulfilment of the
remit’s terms and conditions. The reports are assessed by the Broadcasting Commission111
.
Concerning the governance structure of the public service media companies, the owning
foundation appoints and dismisses the members of their board of directors, in line with the
legal system for private limited companies. The foundation has no possibility to influence the
operation and neither the foundation nor the members of the boards can influence the
editorial decisions of the three companies. As the appointment procedures are well defined
and provide for the independence of the Swedish public service media boards and
management, the MPM 2022 reports a low risk concerning the indicator for independence of
public service media governance and funding112
Following some criticism to the system of
pre-assessment by the Government of significant new services for public service media,
mainly concerning its inherent risk of affecting media freedom, the Government has launched
an inquiry in March 2021 to review the system. The licensing process in Sweden is regulated
by the Radio and Television Act113
. The licensing period for the public media companies was
recently extended to 8 years114
. Further amendments to the Radio and Television Act were
proposed in order to extend to 8 years the licensing period for the terrestrial network for
commercial television, analogue and digital commercial radio115
. These changes would set
more operational independence and predictable conditions for both the public and the private
companies116
.
A recent inquiry has confirmed that the framework on access to information continues
to work well. Sweden has a robust framework for access to information117
. Following some
instances in the early stages of the COVID-19 pandemic, where media and the public were
unable to access decisions on the short-time work allowance, in 2021 the Government
launched an independent inquiry to investigate the situation of public’s access to information,
especially related to the pandemic. In spite of identifying some examples of direct and
indirect restrictions, the inquiry findings were overall positive and confirmed that the system
works well118
. The MPM 2022 assesses a low risk on the indicator for the protection of the
110
The Swedish public service media are private limited companies. They are owned by a non-profit
foundation, the Förvaltningstiftelsen för Sveriges Radio AB, Sveriges Television AB och Sveriges
Utbildningsradio AB.
111
An independent decision-making body within the Press and Broadcasting Authority.
112
2022 Media Pluralism Monitor, country report for Sweden, p.15.
113
Radio and Television Act (2010:696).
114
Chapter 4, section 12 and Chapter 11, section 4.
115
Swedish Government (2021), Greater transparency in the ownership of broadcasters.
116
According to the Swedish authorities, the proposal is foreseen for adoption in July; input from Sweden for
the 2022 Rule of Law Report.
117
As assessed in the 2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 11.
118
Swedish Government (2022), The principle of openness under COVID-19-pandemic.
15
right to information, this is considered a positive change compared to MPM 2021 when the
risk was higher due to the temporary restrictions for the COVID-19 pandemic119
.
Swedish journalists continue to work in overall favourable conditions. Recurring
challenges for journalists are the declining numbers of permanent employment, increased
threats and harassment, particularly online; such threats in particular could in some cases
result in self-censorship120
. Since July 2021, two alerts have been recorded on the Council of
Europe Platform to promote the protection of journalism and safety of journalists121
. The
MPM 2022 reports a low risk for the indicator on the protection and standards of the
journalistic profession, and that journalists continue to operate under favourable conditions,
however it also reports that Swedish journalists are exposed to hatred and insults122
. The
inquiry chair appointed in 2020 to review the criminal law protection for certain vital
functions in society, including journalists123
, has completed its assessment and concluded that
the journalistic profession is highly vulnerable and therefore proposed enhanced criminal
protection for journalists and persons closely related to them124
. The Government’s
assignment to the ‘Fojo Media Institute’ to develop support for journalists and editors
subjected to threats and hatred has been extended for 2022125
. As a further step for the
protection of journalists, the Swedish Crime Victim Authority received approximately
480 000 EUR (approximately 5 million SEK) in 2021 to carry out a major information
campaign against online hate speech126
. In 2021, it was deemed unnecessary to provide
specific media support linked to the COVID-19 pandemic. However, the normal funding
allocated to media was reinforced in some cases as a consequence of the pandemic127
. During
2021, the Government allocated in addition approximately EUR 20 million (SEK 200
million) to media subsidies128
.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Sweden has a unicameral, parliamentary system of governance, in which a Council of
Legislation ensures ex-ante constitutional review, while courts can carry out an ex-post
constitutional review in concrete cases. Legislative proposals can be submitted by Parliament
or the Government, with the latter submitting the vast majority of proposals in practice. The
Chancellor of Justice, the Parliamentary Ombudsmen, the Equality Ombudsman and the
newly established Swedish Human Rights Institute play an important role in the system of
checks and balances and for upholding fundamental rights.
119
2022 Media Pluralism Monitor, country report for Sweden, p. 10.
120
Swedish Government (2022), Report on the inquiry into enhanced criminal law protection for certain
functions of public benefit and some other criminal matters.
121
The alerts concern harassments and intimidation of journalists. Both have been addressed by the Swedish
authorities and one of them is an update of an ongoing trial. Council of Europe, Platform to promote the
protection of journalism and safety of journalists, Sweden.
122
2022 Media Pluralism Monitor, country report for Sweden, p. 11.
123
2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 12.
124
Swedish Government (2022), Report on the inquiry into enhanced criminal law protection for certain
functions of public benefit and some other criminal matters.
125
Input from Sweden for the 2022 Rule of Law Report, p. 19.
126
Input from Sweden for the 2022 Rule of Law Report, pp. 19 and 20.
127
In particular by supporting local journalism and reinstating subsidies to free newspapers and the commercial
radio, written contribution from the Swedish Press and Broadcasting Authority for the 2022 Rule of Law
Report, p. 16.
128
Written contribution from the Swedish Press and Broadcasting Authority for the 2022 Rule of Law Report,
p. 16.
16
The legislation empowering the Government to take more restrictive measures in the
context of the COVID-19 pandemic has ceased to apply. As noted in the 2021 Rule of
Law Report129
, in January 2021, the legislative amendments empowering the Government to
adopt ordinances introducing restrictive measures to combat the COVID-19 pandemic130
entered into force as well as, in July 2020, a temporary act on communicable disease control
measures at eating and drinking establishments131
. The Constitution Committee highlighted
the ad hoc nature of the legislation, which had entailed disagreement on relevant measures to
be included in the framework and uncertainty on the appropriate level of decision-making
between the Parliament, Government and administrative authorities132
. This legislative
framework has been extended, first until 31 January 2022133
and then until 31 May 2022134
.
While Parliament approved the extension of this legislative framework until 31 May 2022, it
also requested the Government to return with a proposal that the legislative framework
applies only until 31 March 2022135
. On 23 March 2022, the Parliament approved the
Government's proposals to repeal the legislative framework with effect as of 1 April 2022
and that the coronavirus disease should no longer be classified as a danger to society or a
threat to public health136
.
A committee of inquiry will examine a possible need for amending the Constitution to
deal with severe peacetime crises. The experience of the COVID-19 pandemic underlined
the need for a comprehensive legal framework to deal with future similar crises and allow for
expedited adoption of legislation137
. In the absence of any constitutional provisions on severe
peacetime crises comparable to those on war and threat of war in Chapter 15 of the
Instrument of Government, in September 2021, an all-party committee of inquiry was
appointed. Its task is to assess whether there is a need to extend the Government’s
competence to take measures in severe peacetime crises138
. The Committee will present its
report by latest 15 November 2023. In addition, a committee of inquiry was established to
examine the existing disease-prevention legislation and the need for new provisions in view
129
See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, pp. 2-3.
130
Act (2021:4) on special restrictions to prevent the spread of the disease Covid-19.
131
Act (2020:526) on communicable disease control measures at eating and drinking establishments.
132
Information received from the Constitution Committee in the context of the country visit to Sweden.
133
In approving the extension, the Parliament called on the Government to inform it no later than 12 November
2021 on its views on the continued validity of the Acts. If Parliament’s Social Affairs Committee would
have considered that there were no longer grounds for the laws to remain in force, it would take the initiative
and propose that Parliament repeal them. Swedish Parliament (2021) Continued validity of the COVID-19
law and the law on temporary infection control measures in catering establishments.
134
Both extensions were subject to a public consultation. While the second extension was also referred to the
Council of Legislation, the first extension was not.
135
Swedish Parliament (2022) Continued preparedness through the extension of the validity of the covid-19 law
and the law on temporary infection control measures in catering establishments; information received from
the Constitution Committee in the context of the country visit to Sweden.
136
Swedish Parliament (2022) COVID-19 Act and Act on temporary communicable disease control measures at
venues serving food and drink to be repealed.
137
Input from Sweden for the 2022 Rule of Law Report, p. 21, and information received from the Constitution
Committee in the context of the country visit to Sweden.
138
The Committee shall examine a number of aspects, including whether the arrangement of the so-called ’war
delegation’ is still an appropriate way of organising the work of the Parliament in times of war and threat of
war; the composition, function and powers of the war delegation; and whether there is a need to extend the
government's rule-making powers in serious peacetime crises. The Committee can make proposals for
constitutional and other amendments. Swedish Government (2021) Committee terms of reference – A review
of the regulations on the war delegation, where the national meeting is held and the government's norm-
setting powers in serious peacetime crises.
17
of future pandemics with due respect to the fundamental rights and freedoms139
. In parallel,
the independent commission appointed to examine the Government’s handling of the
pandemic in June 2020 delivered its final and comprehensive report in February 2022, in
which it also noted difficulties in obtaining documents from the Government140
; the
Constitution Committee issued clear criticism of the Government for not providing that
commission with relevant documents and on parts of its crisis management during the
pandemic141
. Measures taken in the context of the pandemic have also continued to be
reviewed by the Parliamentary Ombudsmen based on complaints received142
. The Supreme
Administrative Court did not review on substance any cases related to the restrictions linked
to the COVID-19 pandemic143
.
Following a period of special working conditions due to the pandemic, the Parliament
has returned to its ordinary working procedures. On 11 February 2022, the Speaker of
Parliament and the party leaders agreed to return to the normal working procedures and
terminate the special procedures introduced in response to the COVID-19 pandemic144
. The
parliamentary inquiry into how Parliament had functioned during the pandemic presented its
findings in December 2021145
. The all-party inquiry concluded that overall the Parliament
was able to work well during the pandemic, which was to a large extent due to informal
agreements between the Speaker and the party group leaders. It also noted that the Parliament
could consider adopting internal decision-making rules for the event of a crisis and for
ensuring a more systematic follow up on the authorisations given to the Government to
facilitate its handling of a crisis146
.
The opinions of the Council on Legislation have been followed by the Government in a
majority of cases. The Government is obliged to refer draft legislation in most areas to the
Council on Legislation, which consists of members from the Supreme Court and the Supreme
Administrative Court. The examination by the Council on Legislation constitutes an
139
Swedish Government (2021) Legislative preparedness for future pandemics.
140
The report presents a comprehensive analysis of Sweden’s handling of the pandemic in a number of areas.
Among other, it noted that, to an important extent, already disadvantaged groups have been hardest hit by the
COVID-19 pandemic. The commission found, among other, that while the choices on the path for the
disease prevention and control, as well as on mitigating the economic crisis were overall correct, the
measures taken on disease prevention and control should have come sooner and the Government ought to
have assumed leadership on crisis management and communication with the public. The commission also
found that the Government was overly dependent on assessments made by the Public Health Agency of
Sweden, which the commission considered was not a satisfactory arrangement for decision-making during a
serious crisis in society. Swedish Government (2022), English summary of the final Report - Sweden during
the pandemic SOU 2022:10, pp. 2-4.
141
Altinget (2022), KU chairman: ‘The government's handling of the corona pandemic is most serious’,
Göteborgs-Posten (2022), KU criticises the Government.
142
A high number of complaints, about 11 500, concerned the introduction of vaccination certificates.
Parliamentary Ombudsmen (2021), Complaints to the Ombudsmen about vaccination certificates;
information received from the Parliamentary Ombudsmen’s office in the context of the country visit to
Sweden.
143
In a decision of 22 December 2021, the Supreme Administrative Court rejected an application for judicial
review on the grounds that the Government's decision in relation to the use of vaccination certificates
constitutes a normative decision and that it is therefore not subject to judicial review brought by individuals.
Supreme Administrative Court (2021) Government's decision on vaccination certificate cannot be appealed.
144
Swedish Parliament (2022) Return to ordinary work procedures for the Riksdag.
145
Swedish Parliament (2022), The Parliament during the corona pandemic 2020, Inquiry from the Parliament
Administration 2021/22: URF.
146
Swedish Parliament (2021) Final report from the Inquiry on the Parliament during the COVID-19 pandemic
2020.
18
important ex-ante constitutionality check of draft legislation. The Government and the
Parliament may choose not to follow its opinion, but courts may take this into account when
subsequently assessing the norm in question147
. In 2021, the Government submitted 123
legislative proposals to the Council on Legislation and the latter could not endorse 8
proposals148
. In one case where the Council of Legislation could not endorse the
Government’s proposal149
, the Government nevertheless submitted that proposal to the
Parliament, which adopted it150
.
On 1 January 2022, Sweden had 2 leading judgments of the European Court of Human
Rights pending implementation151. At that time, Sweden’s rate of leading judgments from
the past 10 years that remained pending was only at 13% and the average time that the
judgments had been pending implementation was 3 years and 1 month152
. The oldest leading
judgment, pending implementation for 6 years, concerns the failure of Swedish courts to
exercise jurisdiction in respect of defamation proceedings concerning a television broadcast
from a foreign country153
. On 1 July 2022, the number of leading judgments pending
implementation remains at 2154
.
The National Human Rights Institution has commenced work. Following the adoption of
the law on establishing the National Human Rights Institution in June 2021155
, the Institute
commenced its activities on 1 January 2022. The independent institute has a broad mandate
to monitor, investigate and report on how human rights are respected and exercised in
Sweden156
. While the Institute will not examine individual complaints related to human rights
violations, it will submit non-binding proposals to the Government for measures needed to
protect human rights157
. The Institute is currently in the process of recruiting further staff,
appointing an advisory board and mapping the human rights situation in Sweden158
. At the
147
2020 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 11.
148
Information received from the Prime Minister’s Office in the context of the virtual country visit to Sweden.
149
The Council of Legislation considered the proposal contrary to the generality requirement for legislation laid
down in the Constitution as it aimed at addressing the outcome of an individual case dealt with by the courts.
Council on Legislation (2021), Extract from minutes of meeting of 2021/09/16, p. 9.
150
Swedish Parliament (2021), Government approval of limestone quarries in exceptional cases.
151
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
152
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 74.
153
Judgment of the European Court of Human Rights of 1 March 2016, Arlewin v. Sweden, 22302/10, pending
implementation since 2016.
154
Data according to the online database of the Council of Europe (HUDOC).
155
See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Sweden, p. 15.
156
Section 1-2 of Act (2021:642) on the National Human Rights Institute (lag (2021:642) om Institutet för
mänskliga rättigheter).
157
Section 2 of Act (2021:642) on the National Human Rights Institute (lag (2021:642) om Institutet för
mänskliga rättigheter).
158
National Human Rights Institute (2022), The Institute commences dialogue with civil society, and
information received from the National Human Rights Institute in the context of the country visit to Sweden.
19
earliest in 2023, the Institute will be eligible to seek an accreditation under the UN Paris
Principles159
.
The framework rules on the operation and funding of civil society organisations in
Sweden are being reviewed. In May 2022, the Government submitted a proposal to the
Council of Legislation160
, which also included introduction of so-called ‘democracy
conditions’161
to the support from the General Inheritance Fund and to the support for
religious communities162
. Also related to the democracy conditions, the report of the special
inquiry into the review of financial support to civil society was presented on 21 December
2021163
and proposed, among other, a new support function within the Swedish Centre for
Prevention of Violent Extremism to assist decision-making bodies that provide public
funding164
. In November 2021, the Government proposed an amendment to the Swedish
Constitution to extend the possibilities to restrict freedom of association by law in the case of
associations that engage in or support terrorism, for example, by means of a broader
criminalisation of participation in a terrorist organisation or a ban on terrorist
organisations165
. In April 2022 the Parliament held the first of the two votes needed166
to pass
the amendment to the Constitution. Civil society organisations expressed concern that the
amendment could enable undue interference with the freedom of association167
. In a parallel
159
Information received from the National Human Rights Institute in the context of the country visit to Sweden.
160
Swedish Government (2022), State support to religious communities and democratic conditions.
161
The democracy conditions aim to prevent distributing public funding to activities which are not compatible
with society's fundamental values. Swedish Government (2019), Democratic conditions for contributions to
civil society.
162
The General Inheritance Fund is an important source of funding for organisations working with children,
young people, persons with disabilities, and older persons. In October 2021, an inquiry report on democracy
conditions for funding from the General Inheritance Fund was published. Swedish Government (2021),
Democratic conditions for support from the General Inheritance Fund. Civil society organisations have been
generally positive, but cautioned against potential risks for civil society engagement, such as a lack of clarity
on responsibility for action of organisations’ representatives and the need to preserve the organisations’
ability to engage in civil disobedience. Franet (2022), Country research - Legal environment and space of
civil society organisations in supporting fundamental rights – Sweden, p. 4.
163
Swedish Government (2021), Minister of Culture has received the final report from the inquiry into a review
of support for civil society.
164
The support function would assist decision-making bodies that provide public funding (e.g. agencies) with
consultation through in-depth reviews of grant-seeking organisations or other publicly funded activities and
investigate if there are any connections to violent extremism or other anti-democratic environments in a way
that gives the decision-making body reasons to take special measures. Swedish Government (2021), Final
report of the Inquiry on review of support to civil society, and Swedish Government (2022), Referral SOU
2021:99, The right recipient – Scrutiny and integrity. As part of the same inquiry, an interim report on issues
of personal data processing and confidentiality in cases of support to civil society had been published in
August 2021. Swedish Government (2021), Referral SOU 2021:66 The right recipient – Democratic
conditions and integrity.
165
Swedish Government (2021), Government proposal 2021/22:42 – Freedom of association and terrorist
organisations.
166
The Swedish Constitution is composed of four fundamental laws. In order to amend the Constitution, the
Parliament must adopt two decisions of identical wording with a general election between the two decisions.
Swedish Parliament (2022), The Constitution.
167
For example, the National Forum for Voluntary Organizations considers that the amendment would pose a
risk that organisations with democratic aims or individuals engaged in international oppositional groups
could be wrongly classified as terrorist organisations. Contribution by the National Forum for Voluntary
Organizations for the 2022 Rule of Law Report (as part of the contribution by the European Civic Forum). In
their responses on the public consultation, Amnesty International Sweden and Civil Rights Defenders also
pointed out that the proposed scope of the amendment could present risks to impact also legitimate civil
20
process, the committee of inquiry on the ban on racist organisations has proposed to ban such
organisations through new criminal legislation168
, on which civil society organisations have
expressed concerns that it is not well-suited to the objective pursued169
. In a separate process,
the Government had tasked the Swedish Agency for Youth and Civil Society to carry out an
analysis during a one-year period on the extent and consequences of the harassment, threats
and violence faced by civil society organisations. In its report from April 2022, the agency
found that more than one in five civil society representatives have at some point been
subjected to violence, vandalism, theft, threats or harassment170
. In order to mitigate the
impact of the COVID-19 pandemic, the Government proposed in February 2022171
an
enhanced financial support to civil society, notably for child and youth organisation and civil
society organisations working with particularly vulnerable groups172
.
society activities in the future. See the responses to the Referral of SOU 2021:15 Freedom of association and
terrorist organisations.
168
Swedish Government (2021), Government proposal 2021/27 – A ban on racist organisations.
169
In September 2021, a group of 24 organisations, including Amnesty International Sweden and Civil Rights
Defenders, came out against the ban of racist organisations. In their view, it is not possible to design a ban
that is both strong enough to safeguard the right of all vulnerable groups not to be subjected to racism and
narrow enough not to threaten fundamental freedoms. Instead, they have advocated for a better use of
existing legal instruments. Position published in Svenska Dagbladet (2021), No to banning racist
organisations. See also the contribution by the National Forum for Voluntary Organizations for the 2022
Rule of Law Report (as part of the contribution by the European Civic Forum) and contribution by the Civil
Rights Defenders for the 2022 Rule of Law Report (as part of the contribution by the Civil Liberties Union
for Europe).
170
Between October and December 2021, the agency conducted a survey of 4 000 non-profit organisations and
registered religious communities. The survey was responded by 43% of organisations, out of which 22%
reported to have been at some time subjected to violence, damage, theft, threats or harassment linked to their
involvement in the organisation, and 13% in the past year. The report found that most vulnerable are those
who speak out on LGBTIQ issues (47%), followed by opinions on racism and anti-racism (41%), feminism
(40%), on religion and beliefs (39%) or on children and/or young people’s rights (39%). Swedish Agency
for Youth and Civil Society (2022), Unique report from MUCF: ‘Harassment, threats and violence silence
civil society’ and Swedish Agency for Youth and Civil Society (2022), Mapping threats and hatred against
civil society, p. 21.
171
Swedish Government (2022), Enhanced support to civil society.
172
Sweden’s civic space remains ‘open’ according to the rating by CIVICUS. Ratings are on a five-category
scale defined as: open, narrowed, obstructed, repressed and closed.
21
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law Report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en
Agency for Public Management (2022), Work against corruption is under development – The
situation picture of the Agency of Public of Management of the authorities work against corruption
2021 (Arbete mot corruption är under utveckling - Statskontorets lägesbild av myndigheternas arbete
mot korruption 2021) https://www.statskontoret.se/publicerat/publikationer/publikationer-
2021/arbete-mot-korruption-ar-under-utveckling/?publication=true#.
Altinget (2022), KU chairman: ‘The government's handling of the corona pandemic is most serious’
(KU:s ordförande: ‘Regeringens hantering av coronapandemin är mest allvarligt’)
https://www.altinget.se/artikel/kus-ordforande-regeringens-hantering-av-coronapandemin-ar-mest-
allvarligt.
Board for the Examination of Transitionary Restrictions for Ministers and State Secretaries (2022),
Activity Report of the Board for the Examination of Transitionary Restrictions for Ministers and State
Secretaries 2021 (Verksamhetsredogörelse för Nämnden för prövning av statsråds och vissa andra
befattningshavares övergångsrestriktioner 2021) https://data.riksdagen.se/fil/CD042B32-B108-48F3-
A13A-6DF4E845BDDE.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country
report on Sweden.
CEPEJ (2021), Study on the functioning of judicial systems in the EU Member States.
Civicus, Monitor tracking civic space – Sweden https://monitor.civicus.org/country/sweden/.
Civil Liberties Union for Europe (2022), Contribution from Civil Liberties Union for the 2022 Rule of
Law Report.
Common government authority (2021), Situation assessment of organised crime 2021 (Lägesbild
Organiserad Brottslighet 2021)
https://polisen.se/contentassets/5063c5e34f9c4414beb676583eae4ef4/bq_pol045_rapport_myndighete
r-i-samverkan_ta_pf.pdf.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe, Platform to promote the protection of journalism and safety of journalists –
Sweden https://fom.coe.int/en/pays/detail/11709586.
Council on Legislation (2021), Extract from minutes of meeting of 2021/09/16 (Utdrag ur protokoll
vid sammanträde 2021-09-16) https://www.lagradet.se/wp-
content/uploads/2021/09/Regeringspr%C3%B6vning-av-kalkstenst%C3%A4kter-i-undantagsfall.pdf.
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
Directorate-General for Communication (2019), Flash Eurobarometer 482: businesses' attitudes
towards corruption in the EU.
Directorate-General for Communication (2020), Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
Economic Crime Authority (2022), Annual Report 2021 (Årsredovisning 2021)
https://www.ekobrottsmyndigheten.se/wp-content/uploads/2022/02/ekobrottsmyndigheten-
arsredovisning-2021-21feb.pdf.
22
Ekström, Anna (Investigative Report for the city of Göteborg) (2021), Is there a culture of silence in
Göteborg city? (Finns Det En Tystnadskultur I Göteborg Stad?)
https://goteborg.se/wps/PA_Pabolagshandlingar/file?id=33784.
European Civic Forum (2022), Contribution from the European Civil Forum for the 2022 Rule of Law
Report.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Sweden.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Sweden.
European Commission (2022), 2022 EU Justice Scoreboard.
European Court of Human Rights, judgment of 1 March 2016, Arlewin v. Sweden, 22302/10.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Franet, Raoul Wallenberg Institute of Human Rights and Humanitarian Law (2022), Country research
- Legal environment and space of civil society organisations in supporting fundamental rights –
Sweden, Vienna, EU Agency for Fundamental Rights, https://fra.europa.eu/en/publication/2022/civic-
space-2022-update#country-related.
GRECO (2019), Fifth Evaluation round – Evaluation Report on Sweden on Preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
GRECO (2021), Fifth Evaluation Round – Compliance Report on Sweden on preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
Göteborgs-Posten (2022), KU criticises the Government (KU kritiserar regeringen)
https://www.gp.se/nyheter/sverige/ku-kritiserar-regeringen-1.73988270.
Legal, Financial and Administrative Services Agency, Report Revenue (Redovisa intäkter)
https://www.kammarkollegiet.se/vara-tjanster/partiinsyn/redovisa-intakter/det-har-ska-du-redovisa.
National Courts Administration (2022), Annual report 2021 (Årsredovisning 2021)
https://www.domstol.se/domstolsverket/om-sveriges-domstolar/statistik-styrning-och-
utveckling/arsredovisning/arsredovisning-2021/.
National Courts Administration (2022), Budget Support 2023-2025 (Budgetunderlag 2023-2025)
https://www.domstol.se/globalassets/filer/gemensamt-innehall/styrning-och-
riktlinjer/budgetunderlag/budgetunderlag_20232025_sverigesdomstolar.pdf.
National Courts Administration (2022), Contribution from the National Courts Administration for the
2022 Rule of Law Report.
National Council for Crime Prevention (2022), Written contribution from the National Council for
Crime Prevention in the context of the country visit.
National Human Rights Institute (2022), The Institute commences dialogue with civil society
(Institutet inleder dialog med civilsamhället) https://mrinstitutet.se/institutet-inleder-dialog-med-
civilsamhallet/.
OECD (2017), OECD says Swedish progress combatting foreign bribery insufficient to warrant
Phase 4 evaluation https://www.oecd.org/corruption/oecd-says-swedish-progress-combatting-foreign-
bribery-insufficient-to-warrant-phase-4-evaluation.htm.
OECD (2019), Sweden must urgently implement reforms to boost the fight against bribery
https://www.oecd.org/corruption/sweden-must-urgently-implement-reforms-to-boost-fight-against-
foreign-bribery.htm.
23
Parliamentary Ombudsmen (2021), Complaints to the Ombudsmen about vaccination certificates
(Anmälningar till JO om vaccinationsbevis (s.k. vaccinpass) https://www.jo.se/PageFiles/33436/9136-
2021.pdf.
Reporters without Borders – Sweden https://rsf.org/en/country/sweden.
Prosecution Authority (2022), Contribution from the Prosecution Authority for the 2022 Rule of Law
Report.
Supreme Administrative Court (2021) Government’s decision on vaccination certificate cannot be
appealed (Regeringens beslut om vaccinationsbevis kan inte rättsprövas)
https://www.domstol.se/nyheter/2021/12/regeringens-beslut-om-vaccinationsbevis-kan-inte-
rattsprovas/.
Svenska Dagbladet (2021), Government wants to map corruption crimes (Regeringen vill kartlägga
korruptionsbrotten) https://www.svd.se/regeringen-vill-kartlagga-korruptionsbrotten.
Svenska Dagbladet (2021), No to banning racist organisations (Nej till förbud mot rasistiska
organisationer) https://www.svd.se/a/7dVo5W/nej-till-forbud-mot-rasistiska-organisationer.
Svenska Dagbladet (2022), Unstable funding hits court (Ryckig finansiering slår mot domstolar)
https://www.svd.se/a/OrXmOq/sveriges-domareforbund-ryckig-finansiering-slar-mot-domstolarna.
Sweden’s Municipalities and Regions (2021), Welfare offences and unauthorised influences – From
grant fraud to systemic crime (Välfärdsbrott och otillåten påverkan - Från bidragsfusk till
systemhotande brottslighet)
https://skr.se/skr/tjanster/press/nyheter/nyhetsarkiv/valfardsbrottettvaxandeproblemikommunerna.587
72.html.
Swedish Agency for Youth and Civil Society (2022), Unique report from MUCF: ‘Harassment,
threats and violence silence civil society’ (Unik rapport från MUCF: ‘Trakasserier, hot och våld
tystar civilsamhället’) https://www.mucf.se/om-oss/pressmeddelanden/unik-rapport-fran-mucf-
trakasserier-hot-och-vald-tystar-civilsamhallet.
Swedish Agency for Youth and Civil Society (2022), Mapping threats and hatred against civil society
(Kartläggning av hot och hat mot det civila samhället)
https://www.mucf.se/publikationer/kartlaggning-av-hot-och-hat-mot-det-civila-samhallet.
National Audit Office (2021), The Economic Crime Authority The work towards the organized
economic crime (Ekobrottsmyndigheten – arbetet mot den organiserade ekonomiska brottsligheten),
RIR 2021:30
https://www.riksrevisionen.se/download/18.7346a817da1ef2fefc840/1639129041226/RiR_2021_30_
webb.pdf.
Swedish Government (2019), Democratic conditions for contributions to civil society
(Demokrativillkor för bidrag till civilsamhället) https://www.regeringen.se/rattsliga-
dokument/statens-offentliga-utredningar/2019/06/sou-
201935/#:~:text=Demokrativillkor%20f%C3%B6r%20bidrag%20till%20civilsamh%C3%A4llet%20
SOU%202019%3A35&text=Utredningen%20har%20ocks%C3%A5%20tagit%20fram,f%C3%B6rva
ltningsmyndigheter%20i%20till%C3%A4mpningen%20av%20demokrativillkoret.
Swedish Government (2020), Assignment on the prevention of crimes linked to the support measures
with government financial and socio-economic consequences taken as a result of the new Coronavirus
- final report, (Uppdrag om förhindrande av brott kopplade till de stödåtgärder med statsfinansiella
och samhällsekonomiska konsekvenser som vidtas med anledning av det nya coronaviruset –
Slutrapport) Ds 2020:28 https://www.regeringen.se/rattsliga-dokument/departementsserien-och-
promemorior/2020/12/ds-202028/.
Swedish Government (2021), Government proposal 2021/22:42 - Freedom of association and terrorist
organisations (Regeringens proposition 2021/22:42 Föreningsfrihet och terroristorganisationer)
https://www.regeringen.se/4aa59d/contentassets/214be7733f5c404d9eaf701ba3d329a0/foreningsfrihe
t-och-terroristorganisationer-prop.-20212242.pdf.
24
Swedish Government (2021), Government proposal 2021/27 - A ban on racist organisations (Ett
förbud mot rasistiska organisationer) https://www.regeringen.se/rattsliga-dokument/statens-
offentliga-utredningar/2021/05/sou-202127/.
Swedish Government (2021), Extended possibilities to decide cases on the merits in the general courts
(Utökade möjligheter att avgöra mål på handlingarna i allmän domstol)
https://www.regeringen.se/rattsliga-dokument/lagradsremiss/2021/06/utokade-mojligheter-att-avgora-
mal-pa-handlingarna-i-allman-
domstol/#:~:text=I%20syfte%20att%20brottm%C3%A5l%20i,kraft%20den%201%20januari%20202
2.
Swedish Government (2021), A review of the regulations on the war delegation, where the national
meeting is held and the government's norm-setting powers in serious peacetime crises (En översyn av
regleringen om krigsdelegationen, var riksmötet hålls och regeringens normgivningskompetens i
allvarliga fredstida kriser) https://www.regeringen.se/rattsliga-
dokument/kommittedirektiv/2021/10/dir.-202180/.
Swedish Government (2021), Democratic conditions for support from the General Inheritance Fund
(Demokrativillkor för stöd ur Allmänna arvsfonden) https://www.regeringen.se/rattsliga-
dokument/departementsserien-och-promemorior/2021/10/demokrativillkor-for-stod-ur-allmanna-
arvsfonden/.
Swedish Government (2021), Final report of the inquiry on review of support to civil society
(Slutbetänkande av Utredningen om granskning av stöd till civilsamhället)
https://www.regeringen.se/4b00b6/contentassets/4253a600b18b4e48935ec6a83673fcf0/ratt-
mottagare--granskning-och-integritet-sou-202199.pdf.
Swedish Government (2021), Greater transparency in the ownership of broadcasters (Ökad insyn i
ägandet av radio- och tv-företag) https://www.regeringen.se/rattsliga-
dokument/lagradsremiss/2022/05/okad-insyn-i-agandet-av-radio--och-tv-foretag/.
Swedish Government (2021), Government Decision 13, Appropriation directions for the financial
year 2022 concerning the Swedish Press and Broadcasting Authority
https://www.esv.se/statsliggaren/regleringsbrev/?RBID=22410.Swedish Government (2021)
Legislative preparedness for future pandemics (Författningsberedskap inför framtida pandemier)
https://www.regeringen.se/rattsliga-dokument/kommittedirektiv/2021/09/dir-
202168/#:~:text=2021%3A68&text=En%20s%C3%A4rskild%20utredare%20ska%20se,register%20
%C3%B6ver%20nationella%20vaccinationsprogram%20m.m.
Swedish Government (2021), Measures against match-fixing and unlicensed gaming activities
(Åtgärder mot matchfixning och olicensierad spelverksamhet) https://www.riksdagen.se/sv/dokument-
lagar/dokument/departementsserien/atgarder-mot-matchfixning-och-
olicensierad_H9B429#:~:text=Statsr%C3%A5det%20Ardalan%20Shekarabi%20beslutade%20den,sp
elverksamhet%20(Fi2020%2F04771.
Swedish Government (2021), Minister of Culture has received the final report from the inquiry into a
review of support for civil society (Jeanette Gustafsdotter har tagit emot slutbetänkandet från
Utredningen om granskning av stöd till civilsamhället)
https://www.regeringen.se/pressmeddelanden/2021/12/jeanette-gustafsdotter-har-tagit-emot-
slutbetankandet-fran-utredningen-om-granskning-av-stod-till-civilsamhallet /.
Swedish Government (2021), Referral SOU 2021:66 The right recipient – Democratic conditions and
integrity (Remiss av SOU 2021:99 Rätt mottagare – Demokrativillkor och integritet)
https://www.regeringen.se/remisser/2021/08/remiss-av-sou-202166-ratt-mottagare-demokrativillkor-
och-integritet.
Swedish Government (2021), Referral of SOU 2021:15 Freedom of association and terrorist
organisations (Remiss av SOU 2021:15 Föreningsfrihet och terroristorganisationer)
https://www.regeringen.se/remisser/2021/03/remiss-av--sou-202115-foreningsfriheten-och-
terroristorganisationer/.
25
Swedish Government (2021), Review of support for short-term work (Översyn av stödet vid
korttidsarbete), Dir. 2021:79 https://www.regeringen.se/rattsliga-
dokument/kommittedirektiv/2021/09/dir.-202179/.
Swedish Government (2022), English summary of the final Report - Sweden during the pandemic
SOU 2022:10 (Slutbetänkande – Sverige under pandemin SOU 2022:10)
https://coronakommissionen.com/publikationer/slutbetankande-sou-2022-10/.
Swedish Government (2022), Enhanced support to civil society https://www.government.se/press-
releases/2022/02/enhanced-support-to-civil-society/.
Swedish Government (2022), Input from Sweden for the 2022 Rule of Law Report.
Swedish Government (2022), Referral SOU 2021:99 The right recipient – Scrutiny and integrity
(Remiss av SOU 2021:99 Rätt mottagare – Granskning och integritet)
https://www.regeringen.se/remisser/2022/02/remiss-av-sou-202199-ratt-mottagare---granskning-och-
integritet/.
Swedish Government (2022), Report on the inquiry into enhanced criminal law protection for certain
functions of public benefit and some other criminal matters (En skärpt syn på brott mot journalister
och utövare av vissa samhällsnyttiga funktioner)
https://www.regeringen.se/48fcea/contentassets/ae9ead6e3d7341c3aaefdb1012238e79/en-skarpt-syn-
pa-brott-mot-journalister-och-utovare-av-vissa-samhallsnyttiga-funktioner-sou-20222.pdf.
Swedish Government (2022), State support to religious communities and democratic conditions
(Statens stöd till trossamfund och demokrativillkor) https://www.regeringen.se/rattsliga-
dokument/lagradsremiss/2022/05/statens-stod-till-trossamfund-och-demokrativillkor/.
Swedish Government (2022), The principle of openness under COVID-19-pandemic
(Offentlighetsprincipen under covid-19-pandemin) https://www.regeringen.se/rattsliga-
dokument/departementsserien-och-promemorior/2021/12/ds-202135/.
Swedish Government (2022), The Government appoints an inquiry into transitional restrictions after
certain employments and assignments in the public sector (Regeringen tillsätter utredning om
övergångsrestriktioner efter vissa anställningar och uppdrag i offentliga verksamheter),
https://www.regeringen.se/pressmeddelanden/2022/06/regeringen-tillsatter-utredning-om-
overgangsrestriktioner-efter-vissa-anstallningar-och-uppdrag-i-offentliga-verksamheter/.
Swedish Ministry of Justice (2022), Written contribution received from the Ministry of Justice in the
context of the country visit.
Swedish Parliament (2021), Continued validity of the covid-19 law and the law on temporary
infection control measures in catering establishments (Fortsatt beredskap genom förlängd giltighet av
covid-19-lagen och lagen om tillfälliga smittskyddsåtgärder på serveringsställen)
https://www.riksdagen.se/sv/dokument-lagar/arende/betankande/fortsatt-beredskap-genom-forlangd-
giltighet-av_H901SoU9.
Swedish Parliament (2021), Government approval of limestone quarries in exceptional cases – Report
of the Committee on the Environment, Public Health and Food Safety 2021/22:MJU7
(Regeringsprövning av kalkstenstäkter i undantagsfall, Miljö- och jordbruksutskottets betänkande
2021/22:MJU7) https://www.riksdagen.se/sv/dokument-lagar/arende/betankande/regeringsprovning-
av-kalkstenstakter-i_H901MJU7.
Swedish Parliament (2021), Final report from the Inquiry on the Riksdag during the COVID-19
pandemic 2020 https://www.riksdagen.se/en/news/2021/dec/3/final-report-from-the-inquiry-on-the-
riksdag-during-the-covid-19-pandemic-2020/.
Swedish Parliament (2021), The Parliament during the corona pandemic 2020, Inquiry from the
Parliament Administration 2021/22: URF (Riksdagen under coronapandemin 2020, Utredning från
Riksdagsförvaltningen 2021/22:URF) https://www.riksdagen.se/sv/dokument-
lagar/dokument/utredning-fran-riksdagsforvaltningen/riksdagen-under-coronapandemin-
2020_H9A5URF1.
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Swedish Parliament (2022), COVID-19 Act and Act on temporary communicable disease control
measures at venues serving food and drink to be repealed
https://www.riksdagen.se/en/news/2022/mar/23/covid-19-act-and-act-on-temporary-communicable-
disease-control-measures-at-venues-serving-food-and-drink-to-be-repealed/.
Swedish Parliament (2022), Continued preparedness through the extension of the validity of the
covid-19 law and the law on temporary infection control measures in catering establishments (Fortsatt
beredskap genom förlängd giltighet av covid-19-lagen och lagen om tillfälliga smittskyddsåtgärder på
serveringsställen) https://www.riksdagen.se/sv/dokument-lagar/arende/betankande/fortsatt-beredskap-
genom-forlangd-giltighet-av_H901SoU9.
Swedish Parliament (2022), Return to ordinary work procedures for the Riksdag
https://www.riksdagen.se/en/news/2022/feb/11/return-to-ordinary-work-procedures-for-the-riksdag/.
Swedish Parliament (2022), The Constitution https://www.riksdagen.se/en/how-the-riksdag-
works/democracy/the-constitution/.
Swedish Press and Broadcasting Authority (2022), Contribution from the Swedish Press and
Broadcasting Authority for the 2022 Rule of Law Report.
Transparency International (2022), Corruption Perception Index 2021
https://www.transparency.org/en/cpi/2021.
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Annex II: Country visit to Sweden
The Commission services held virtual meetings in February 2022 with:
 Agency for Public Management
 Civil Rights Defenders
 Committee of Inquiry on Independence of Courts
 Council on Legislation
 Economic Crime Authority
 Ministry of Culture
 Ministry of Finance
 Ministry of Health and Social Affairs
 Ministry of Justice
 National Courts Administration
 National Forum for Voluntary Organisations
 National Human Rights Institute
 Office of the Parliamentary Ombudsmen
 Office of the Prime Minister
 Press and Broadcasting Authority
 Media Ombudsman
 Prosecution Service
 Secretariat of the Constitution Committee
 Supreme Administrative Court
 Supreme Court
 Swedish Association of Judges
 Swedish Bar Association
 Swedish Journalists’ Association
 Swedish Media Publishers’ Association
 Swedish public radio (SVR)
 Swedish public television (SVT)
 Transparency International Sweden
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute (OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
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 Reporters Without Borders
 Transparency International Europe