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The Constitution of Sweden and European Influences: The Changing Balance Between Democratic and Judicial Power
Örebro University, School of Law, Psychology and Social Work. (Juridik)ORCID iD: 0000-0001-5982-4555
2019 (English)In: National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / [ed] Anneli Albi, Samo Bardutzky, Haag: T.M.C. Asser Press, 2019, p. 315-358Chapter in book (Refereed)
Abstract [en]

The Swedish Constitution is composed of four constitutional acts, some of which date back more than two hundred years. The central document is the Instrument of Government of 1974. The report observes that the fundamental rights chapter had rarely been applied by the Swedish courts until recent years. Traditionally, the national protection of basic rights is described as weak, as there is neither a constitutional court nor a strong tradition of judicial review by the ordinary courts. Judicial restraint is deemed necessary so as not to undermine the Swedish popular democracy. Thus, in general, EU and international law have enhanced rights protection and judicial review. Areas where constitutional concerns have arisen include the following: (a) freedom of speech enjoys a strong protection in the Constitution and this prompted delays regarding the implementation of the Data Retention Directive, which led to a consequent EU fine; (2) the ECJ ruling in Laval clashed with the right for trade unions to initiate collective action; (3) concerns have been expressed by civil society about limitation of the widespread access to documents where their secrecy may be requested by an international organisation. The European Arrest Warrant has not raised rights concerns in Sweden, although the report finds the ECJ’s approach in Melloni to be misguided. The Constitution contains extensive amendments regarding EU and international co-operation, including a fundamental rights based limitation clause that had its origin in the German Constitutional Court’s Solange decisions.

Place, publisher, year, edition, pages
Haag: T.M.C. Asser Press, 2019. p. 315-358
Keywords [en]
Swedish constitution, European integration, EU law, Rule of Law
National Category
Law
Research subject
Constitutional Law
Identifiers
URN: urn:nbn:se:oru:diva-79464DOI: 10.1007/978-94-6265-273-6_8ISBN: 978-94-6265-272-9 (print)ISBN: 978-94-6265-273-6 (electronic)OAI: oai:DiVA.org:oru-79464DiVA, id: diva2:1389243
Funder
EU, European Research Council, 284316Available from: 2020-01-29 Created: 2020-01-29 Last updated: 2020-01-30Bibliographically approved

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Nergelius, Joakim

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CiteExportLink to record
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