Post on 13-Jan-2023
THE BEST INTERNET SOURCES TO
LEARN ABOUT
THE LEGAL SYSTEM OF SWEDEN
Image of Sweden, available at movelands.com
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
NOVEMBER 25, 2013
Abstract 2
ABSTRACT
This paper is about the Best Internet sources to learn about the legal system of Sweden. While one
might think any reference is factual, a researcher must rely on academic references from
universities and official government sites. It is the obligation to the reader that the researcher
locates the most accurate material to learn and experience Sweden’s legal and court system. This
paper introduces Sweden, the culture, provides the research methodology and evaluation criteria
such as library and government references that are used during the research, an overview of
Sweden’s legal system, and an annotated bibliography of why that particular source was helpful
during research.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
NOVEMBER 25, 2013
Table of Contents 3
TABLE OF CONTENTS
Abstract ..................................................................................................................................................................................... 2
Table of Contents .................................................................................................................................................................. 3
Introduction ............................................................................................................................................................................. 4
Research Methodology ........................................................................................................................................................ 6
Evaluation Criteria ................................................................................................................................................................ 6
Overview of the SWEDEN Legal System ...................................................................................................................... 7
History ................................................................................................................................................................................... 7
Culture .................................................................................................................................................................................. 8
Legal Functions ................................................................................................................................................................ 10
(executive, legislative, judicial, & judicial review) ............................................................................................. 10
Form of Government ..................................................................................................................................................... 13
Legal Structures .............................................................................................................................................................. 14
(executive, legislative, judicial, separation of powers) .................................................................................... 14
Legal Education ............................................................................................................................................................... 19
Legal Profession .............................................................................................................................................................. 20
Procedure ........................................................................................................................................................................... 20
Sources of Law (primary and secondary) ............................................................................................................. 21
Annotated Bibliography .................................................................................................................................................... 22
Conclusion .............................................................................................................................................................................. 25
References ............................................................................................................................................................................. 26
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
NOVEMBER 25, 2013
Introduction 4
INTRODUCTION
Sweden, known as the “Kingdom of Sweden,” is a Scandinavian country in Northern Europe
that borders Norway and Finland, and is connected to Denmark by a bridge-tunnel across a strait.
The capital is Stockholm and the primary language is Swedish. Sweden is slightly larger than the
State of California, covering an area of 449,964 Km2, and shares similar geographical terrain of flat
or rolling lowlands with mountains in the distance. Sweden has a fascinating history and considered
a hidden gem considering it was covered in thick ice 14,000 years ago. As the ice melted, settlers
began to notice Sweden and the population has since grown past 9 million citizens. In the last
hundred years alone Sweden went from being a poverty stricken country to an innovative high-
tech nation (European Union 2013; FLG 2013; Swedish Institute 2013; CEI 2013; Visit Sweden
2013).
“Map of Sweden” 2013,
available at http://wwp.greenwichmeantime.com/images/europe/sweden.jpg
(accessed October 24, 2013).
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NOVEMBER 25, 2013
Introduction 5
Sweden is home to some famous people including Astrid Lindgren, a Swedish best-selling
author of children’s books and known worldwide for her books (also made into movies) on “Pippi
Longstocking,” based on bedtime stories Lindgren would read to her daughter. Lindgren portrayed
“Pippi” as an anti-authoritarian rebel who believed in gender equality, children’s rights, and became
a role model for little girls’ worldwide. Lindgren was not only an author but a political activist and
was popular in Sweden for being open-minded about her views. Her opinion was valuable to the
citizens that the media would ask her thoughts on a particular issue and then publish them in the
newspapers. Her belief was so important to people that when she wrote an article to a newspaper
regarding a Swedish tax system loophole. The article was published on the front page of the
newspaper, changed the tax law, and eventually led to the demise to the social democratic
government in 1977 (Swedish Institute 2013; Modeer 2012).1
As mentioned in the introduction, Sweden is about innovation and changes generated by
Swedish citizens. This paper will discuss the research methodology and evaluation criteria used
during the research, address the ten general elements regarding Sweden’s legal system, describe
and evaluate the best Internet sources to learn about Sweden’s legal system, compare the legal
system between Sweden and the United States (U.S.), following an annotated bibliography of the
best Internet sources to learn more about Sweden’s legal system.
1 Astrid Lindgren wrote an article to a newspaper back in 1976 (age of 68) regarding a Swedish tax system loophole and that
she had to pay more on her taxes. The article was not only published on the front page of the newspaper but changed the tax law and eventually led to the demise to the social democratic government in 1977 that had been in power for 44 years.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
NOVEMBER 25, 2013
Research Methodology 6
RESEARCH METHODOLOGY
When researching for the best internet sites for Sweden, the author searched resources
available through various online search patterns such as the foreign law guides and the Oxford
International Encyclopedia, both accessible through the University of Denver Westminster Law
Library University’s intranet website. Other websites used include Central Intelligence Agency
(CEI); Cornell University of Law; Library of Congress, Government offices of Sweden, and Swedish
Institute.
EVALUATION CRITERIA
Research for this project is located from various articles, websites from Sweden, and
governmental sites including:
Authors (credentials, scholarly reputation, and institutional affiliations)
Content and coverage (style of writing, span of work, depth of sources addressed,
uniqueness, and comparison of the subject of the work against other authorities in the
field)
Country’s governmental sites (authenticity)
Nature of the work (expected audience, intended for scholarly or popular work, and how
well the work is suited to the purpose of annotated bibliography)
Publication date (date of publications, revisions, or new editions)
Publisher (reputation of publisher and nature of work published)
Reviews (opinions and evaluations of others respecting the work)
Websites (accuracy, authority, objectivity, currency, and coverage)
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Overview of the SWEDEN Legal System 7
OVERVIEW OF THE SWEDEN LEGAL SYSTEM
HISTORY
Sweden’s legal system is based on Civil Law.2 Sweden or "The Kingdom of Sweden," has
been a parliamentary democracy within a constitutional monarchy since 1809, although the history
of Sweden can be found as far back as the 10th century in which Swedish King, Erik Victorious,
reined as the leader of Sweden (University of Ottawa 2013; Katz 2009).
After years of turmoil between Denmark, Norway, and Russia and going through many King
and Queens, Sweden developed into a modern 'nation-state' and converted from ‘a monarchy
existing beside a body of powerful nobles’ into an absolutist period that lasted throughout the 17th
century. In 1719, the first Constitution or “Instrument of Government,” and the Swedish
parliament or “Riksdag” was created and became the most powerful force in Swedish government
that eliminated royal absolutism (Swedish Institute 2013).
The country of Sweden does have a Constitution, and it was updated in 1809 and again in
1975. The newest version states that people now have all the public power and are free to elect
government officials; although the monarch still leads the head of state, but in name only. On an
updated, liberal decision, an amendment was created in 1979, ordering the succession for male
and female heirs an equal given equal opportunity to the throne considering the current reign being
Princess Victoria to be next in line to the throne, rather than her younger brother, Carl Philip.3
Sweden has gone through a long political evolution, but has progressed into a social-democratic
format but keeping within an older institutional framework, although political upheaval still exists
(FLG 2013).
2 Civil Law: body of law pertaining to noncriminal private disputes among individuals, corporations, and governments. In a civil action, one private party
takes legal action against another private party to seek relief in a court of law for an alleged wrong. 3 Queen Elizabeth II did the same for England.
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Overview of the SWEDEN Legal System 8
The Swedish Constitution, designed with four fundamental laws of 1) the Instrument of
Government (citizens have the right to free information, demonstrate, form political parties and
practice religion), 2) the Act of Succession (regulates the House of Bernadotte’s members the right
to accede to the Swedish throne), 3) the Freedom of the Press Act, and 4) the Fundamental Law on
Freedom of Expression, defines how Sweden is governed and it controls the interaction between
decision-making and executive power, and the basic rights and freedoms of citizens (Swedish
Institute 2013).
CULTURE
Sweden’s currency is known as krona (kr). The nationality and language of the citizens of
Sweden is, “Swedish;” however, there are a few that speak Finnish. The majority of the population
is Swedes with Finnish and Sami count as the minority. Foreign-born or first-generation immigrants
are called Finns, Yugoslavs, Danes, Norwegians, Greeks, and Turks. The majority of Sweden’s
citizens are of Lutheran faith, with the minority of Roman Catholic, Orthodox, Baptist, Muslim,
Jewish, and Buddhist (European Union 2013; CIA 2013).
Sweden’s currency of ‘Krona,’ available at http://en.wikipedia.org/wiki/Swedish_krona
(accessed November 22, 2013).
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Overview of the SWEDEN Legal System 9
Innovation and Business
The driving force behind Sweden’s culture is innovation through business, cooking, fashion,
music, and technology. Swedish citizens, similar to Americans, have a big sweet tooth; Swedes
thrive on cakes and pastries (CIA 2013; Swedish Institute 2013).4 Sweden is known for its
sustainable way and ranks 1st in consumption of organic food; recycle aluminum cans and bottles;
and citizens receive the highest share of energy from renewable resources. Sweden citizens
consider that every piece of trash is nearly 100% recyclable, which protects future generations
from pollution. Even companies with production plants in Sweden use organic materials when
developing their products. Returpack, a Swedish recycling company, encourages an increase with
recycling (Swedish Institute 2013).5
Futurists
As this planet becomes more polluted Sweden is taking advantage of futuristic thinkers by
reducing energy supply through building environmentally-designed timber homes, eco-friendly
apartment complexes, electric cars, and lowering carbon emission. Vertical greenhouses are
important to the Swedes to minimize energy, water, pesticides. The idea behind the greenhouse is
to contribute to a climate controlled environment and meet the future demand of food. Sweden’s
capital of Stockholm, selected as the first European Green Capital in 2010, has plans to create a
new environmentally-conscious district within the area of the capital, known as the ‘Stockholm
Royal Seaport Innovation’ (Swedish Institute 2013; Stockholm Royal Seaport Innovation 2013).
4 Information from Swedish Institute (2013)
Ikea: a home furnishing company
Cooking: ‘Raggmunk,’ a Swedish potato pancake Fashion: Filippa K, designs, manufactures, and sells wearable fashion garments and accessories Music: the musical group ABBA Technology: Ericsson, Electrolux, and Skype Cinnamon bun: known as ‘Kanelbullar,’ a delicious treat you served with coffee when visiting someone’s home 5 Returpack: Swedish recycling company that encourages the public to recycle more by doubling deposits and using innovative approaches through
advertising to promote the idea.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
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Overview of the SWEDEN Legal System 10
LEGAL FUNCTIONS
(EXECUTIVE, LEGISLATIVE, JUDICIAL, & JUDICIAL REVIEW)
Sweden’s governmental function is based on the executive, legislative judicial and judicial
review (Cornell University of Law 2013).
EXECUTIVE BRANCH
The Chief of State is King Carl XVI Gustaf and his Heir Apparent Princess Victoria. The head
of state's responsibility is found in the constitution.6 The heir to the throne should be educated to
represent Sweden's constitution. This is vital in order to be effective and support the Swedish
people and its culture. Princess Victoria function is to keep abreast on current affairs and the
Swedish business sector. In addition, she is an ambassador for successful Swedish ventures in
culture, and art and design, while studying international studies, the electoral system,
parliamentary government, referendums, federalism and the court system (Swedish Institute
2013).7
The Swedish Parliament ‘Riksdag’ appoints the Prime Minister; Fredrik Reinfeldt has been
the head of government since October 5, 2006, along with Jan Bjorklund as Deputy Prime Minister
since October 5, 2010. Their function includes forming the government, choosing the ministers who
will sit on the cabinet and, together they make government decisions. The Prime Minister also leads
and coordinates the work of Sweden’s Government Offices and coordinates its Swedish European
Union (EU) policy and emergency management (CIA 2013; Government offices of Sweden 2013).
Although the monarchy is hereditary; the legislation comes from elections. The leader of the
6 Chief of State, King Carl XVI Gustaf since September 19, 1973. His Heir Apparent Princess Victoria Ingrid Alice Desiree, daughter of the monarch,
born on July 14, 1977 (Swedish Institute 2013). 7 Crown Princess Victoria will become Sweden’s 70th monarch and the third female monarch in the history of the Kingdom of Sweden (Swedish
Institute 2013).
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Overview of the SWEDEN Legal System 11
majority party or the leader of the majority coalition usually becomes the prime minister after the
election (CIA 2013).
LEGISLATIVE BRANCH
Sweden’s legislative branch consists of a Unicameral Parliament or “Riksdag.” It is the
Parliament’s responsibility to approve any new laws or amend existing ones, similar to the
functions of a Bill being approved by the U.S. Congress, except the President of the U.S. signs the
final Bill to enact it to law; this is not true in Sweden. The essential laws are the supreme laws of
the land (Ministry of Justice 2007).
Image of the “Riksdag,”
available on http://sweden.se/society/government/
(accessed November 22, 2013).
The Swedish law-making process, “The process leading to a new law,”
available at http://www.government.se/content/1/c6/08/48/61/758e413e.pdf
(accessed November 22, 2013).
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The Parliament contains 349 seats in which members are elected by popular vote on a
proportional representation basis to serve four-year terms. Elections are held every four years with
the latest one held on September 19, 2010. The majority of voters are Social Democratic (SAP),
Moderate, followed by the Green Party, Liberal People (FP), and trickles of various little parties (CIA
2013). The parliaments function is based on decision making of proposals for updating existing
laws or amendments created by the ministry and presented by the Government (Government
offices of Sweden 2013).
JUDICIAL BRANCH
The judicial branch’s function is to ensure the rules of law and legal security are upheld and
the courts are the backbone of the legal system. The judicial system involves many different
agencies to support Sweden’s system such as: Crime prevention and investigation including the
Swedish Police Service, the Crime Victim Compensation and Support Authority, the Swedish
Prosecution Authority, Swedish National Economic Crimes Bureau, and the Swedish Prison and
Probation Services; National Board of Forensic Medicine and the Swedish Enforcement Authority
(Ministry of Justice 2012, 5).
Ministry of Justice
The Ministry of Justice’s function is to be responsible for all legal business relating to the
judicial system including tracking the budget and administration of government agencies; core
legislation in civil, penal, and procedural law; prevent combat crime by increasing the security for
Swedish citizens; and responsible for updating the judicial system to guarantee legal security and
statutory right for each citizen (Ministry of Justice 2012, 5).
Courts
Similar to the U.S. the Swedish courts are independent and self-sufficient to the Parliament,
the Government, and various government agencies through the provisions of Article 6 of the
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Overview of the SWEDEN Legal System 13
European Convention for the Protection of Human Rights and Fundamental Freedoms and the
Swedish Instrument of Government (part of Constitution) on the independence of the courts and
the employment conditions of judges. The provisions in the Instruction of Government and the
Freedom of the Press Act guarantees that Swedes have statutory right to access hearings and
other meetings of the court and have the right to access documents pertaining to a specific case or
matter. The U.S. has similar accessible laws enabling citizens to review cases (Ministry of Justice
2012, 13).
JUDICIAL REVIEW
Sweden lacks judicial review but its Constitution provides for judicial review through all
courts of the land, whether general or administrative courts. However, a court is able to declare an
Act passed by the Parliament disseminated by the Government as being in violation of higher law
such as the Constitution or passed by law of the Parliament (Swedish Institute 2013).
FORM OF GOVERNMENT
As mentioned in the history section above, Sweden is a parliamentary democracy within a
constitutional monarchy. Sweden form of government is based on the citizens of the country. All of
the power originates from people and is the foundation for the country’s parliamentary democracy.
This permits every citizen to have the same rights, opportunities, freedom to analyze on how the
politicians and public agencies exercise their power. There are currently eight parties represented
in the parliament: Moderate Party, Christian Democrats, Liberal Party, Centre Party, Green Party,
Social Democratic Party, Sweden Democrats, and Left Party (CIA 2013; Swedish Institute 2013;
Library of Congress 2013).
Sweden holds general elections every four years, similar to the United States, with the next
one held in September 2014. Approximately 7 million citizens are eligible to vote and have the
ability to influence or change which political party will represent them in the Swedish Parliament,
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Overview of the SWEDEN Legal System 14
county councils and municipalities. People have multiple opportunities to impact Swedish politics in
different ways such as taking part in votes, joining their choice political party or critique reports
presented by the Government (Library of Congress 2013).
Sweden’s government is focused on the people and their present goal is full employment
opportunities and to design jobs that people will desire and have the skills to perform jobs. The
government is also focusing on innovation, quality of education, the Swedish welfare, research, and
competiveness for future needs. Environmental issues have been a strong focus due to air pollution
and climate change issues. It is a governmental policy to value freedom, responsibility and justice
for all (Library of Congress 2013).
LEGAL STRUCTURES
(EXECUTIVE, LEGISLATIVE, JUDICIAL, SEPARATION OF POWERS)
Sweden’s government structure is based on a democratic system where the people hold all
the power, same rights, same opportunity, and freedom to scrutinize how politicians and public
agencies use their authority through 7 million of satisfied or unsatisfied voters. Each individual can
vote by the age of 18 years old in one of eight political parties represented in the parliament.
Voters can vote for members of the parliament (Riksdag), county council, and municipal council
(Government offices of Sweden 2013; CIA 2013).
EXECUTIVE STRUCTURE
Chief of State
Sweden’s executive structure is based on the Royal Court, Chief of State’s King Carl XVI
Gustaf and Heir Princess Victoria Ingrid Alice Desiree. These positions hold representation for
Sweden by ceremonial functions and by the Constitution. However, both royalties hold no political
power or partake in political life.
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Overview of the SWEDEN Legal System 15
Head of Government
The Government offices of Sweden (2013) and CIA (2013) names:
The Prime Minister of Sweden is Fredrik Reinfeldt
Deputy Prime Minister is Jan Bjorklund
Cabinet
The cabinet consists of the following Swedish Government Ministry Offices. The ministers
that represent each of these ministries are appointed solely by the Prime Minister of Sweden.
Agriculture Culture Defense Education Education and Research Elderly and Children Welfare
Employment Enterprise, Energy and
Communications
EU Affairs Environment Finance Financial Market Foreign Affairs Health and Social Affairs
Integration Integration and Gender
Equality
International Development Cooperation
Justice Rural Affairs School Social Security
Trade
Elections
The Chief of State is hereditary; however, voters are the ones that choose legislation by the
majority of voters for a particular party. However, the leader or majority ‘voted’ party becomes the
prime minster.
LEGISLATIVE STRUCTURE
Composed of the 15 parliamentary committees (349 members) of the Swedish Parliament
‘the Riksdag’ and are responsible for ensuring that all matters of parliamentary business is
considered before making final decisions on issues. The committee members are responsible to
enact new laws pursuant to the European Union (EU) policies (The Swedish Parliament 2013;
Swedish Institute 2013).
The Committee on Civil Affairs The Committee on the Constitution The Committee on Cultural Affairs The Committee on Defence The Committee on Education The Committee on Environment and Agriculture The Committee on Finance The Committee on Foreign Affairs
The Committee on Health and Welfare The Committee on Industry and Trade The Committee on Justice The Committee on the Labour Market The Committee on Social Insurance
The Committee on Taxation
The Committee on Transport and Communications
The committee members are responsible to enact new laws pursuant to the European Union
(EU) policies. The entire Riksdag is chosen every four years during an election based on suffrage of
all Swedish citizens. If a voter does not like their committee representative they can be voted off
the committee (The Swedish Parliament 2013; Swedish Institute 2013).
Ombudsman
A Parliamentary Ombudsman is appointed by the parliament and represents the public by
examining and addressing complaints regarding violation of personal rights, freedom, security and
property of citizens, either by a public authority or a civil servant, in competition, consumerism, or
equal opportunities. This also extends to protecting the citizen against governmental or
administrative abuse. However, the person does not have to be a Swedish citizen to file a
complaint (FLG 2013; Swedish Institute 2013).
JUDICIAL STRUCTURE
Sweden's judicial system is well-organized with an emphasis on justice (FLG 2013; CIA
2013; Ministry of Justice 2012, 14). The system is based on two parallel types of courts: The
General Courts and The General Administrative Courts.
The General Courts Handle criminal and civil cases Separated by three tiers
Supreme Court 16 justices including the court chairman Exercises its jurisdiction carefully; while precedents have no binding authority in the Swedish legal system, they do play a role in statutory interpretation. Courts of appeal Six courts of appeal, citizens are known as ‘lay’ judges, similar to Italian Court System, in family and criminal matters. District courts (first instance) - 100 district courts which are courts of first instance in civil and criminal matters, with the participation of lay assessors in family and criminal cases.
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Overview of the SWEDEN Legal System 17
The General Administrative Courts
Handle cases in public administration
Separated by three tiers
Supreme Administrative Court 18 justices including the court president Administrative courts of appeal Decisions of the appellate courts are published selectively, either in official series or in yearbooks and frequently are annotated in one or the other of the major legal journals Administrative courts (first instance) General administrative arguments begin in the county courts, but then proceed to separate intermediate appellate tribunals, and finally to the Supreme Administrative Court. There is a separate hierarchy of administrative tribunals: land courts, water courts, the Labor Court and the Market Court.
The highest court, the Supreme Court and Supreme Administrative Court justices are
nominated by a 9-member nominating body consisting of high-level judges, prosecutors, and
members of Parliament Board of Judges; followed by the government appointing the justices. The
justices go through a probationary period, and then become permanent. The main focus in the
court system lies in the general court. The main task of the administrative court is to check that
the appealed rulings are correct and to rectify any inaccuracies. The Supreme Court and the
Supreme Administrative Court primary responsibility is to provide guidance through model. The
National Courts Administration, including regional rent tribunals and the National Legal Aid
Authority, is the central administrative agency for Swedish courts (Government offices of Sweden
2013; CIA 2013)
SEPARATION OF POWER
Sweden’s separation of powers is based on the 1809 constitution and the power comes from
the people and the legislative branch, ‘Riksdag,’ that represents the people. The legislative branch
is the main decision-making for Sweden; has the responsibility of creating laws and shaping taxes
and the central government budget; examining the Government’s and central governments work;
and impact the Sweden's foreign policy. The Swedish citizens have the power to change any and all
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Overview of the SWEDEN Legal System 18
people that are serving on the branch every four years at election time (The Swedish Parliament
2013). The following images compare Sweden’s separation of power to the United States. Notice
how citizens of Sweden only vote for officials in the Riksdag, Constitutional Committee, and the
County Commission and Municipal Counsel. Whereas citizens in the United States have the
opportunity to vote for Congress; Assemblies Commissions, Councils; Civil Servant, Executive
Officer, Governors and Mayors, and the President of the country (Miles 2011).
This image represents Sweden “The Problem with Swedish Separation of Power in Sweden,”
available at Then Piratska Argus at http://thenpiratskaargus.files.wordpress.com/2011/12/swedish-separation-of-powers.png
(posted on December 20, 2011).
This image represents the federal government of the United States of America, “The Problem with Swedish Separation of Power in Sweden,”
available at Then Piratska Argus at http://thenpiratskaargus.files.wordpress.com/2011/12/american-separation-of-powers1.png
(posted on December 20, 2011).
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LEGAL ACTORS
Judges:
District and Administration Courts, Court of Appeals, Administrative Court of Appeals, and Supreme
Court and Supreme Administrative Court (Ministry of Justice 2012).
Lay Judges:
Every district court, court of appeals, administrative court, and administrative court of appeals has
a certain number of lay judges. These judges are appointed by the municipal councils in the
municipalities that are a part of each district court’s jurisdiction and serve for a four year term.
Public defence counsel:
Defends the defendant in a court who lacks sufficient funds to hire outside counsel (Ministry of
Justice 2012).
LEGAL EDUCATION
When considering a career as a judge, one is required to have a Bachelor of Laws degree.
People appointed as a judge tend to follow a specific career path that begins after graduating with
a master of law degree after about 4-5 years of study, followed by working as a law clerk at a
district court or county administrative court for two years. Once the individual has been at that
court level for two years, a transfer to a legal clerk at a court of appeals or an administrative court
of appeals is usually the next step. After a year at this position, a position as an adjunct judge at a
court of appeals or administrative court of appeal is in order. After completing a year in that
position, associate judge is next, followed by a permanent judge at the district or administration
court of appeals level, the chief judge at an administrative court, and then a judge (justice) at the
Supreme Court and Supreme Administrative Court (Ministry of Justice 2012).
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LEGAL PROFESSION
In Sweden, there isn’t any particular restriction to the legal services in Sweden. Any
individual may practice law and offer their services to the public without the need for a law degree.
Any person can call themselves an attorney, regardless of any law degree or any other formal
education. Litigants are not even required not have legal counsel present within the courtroom.
And, anyone can appear before the court at any level and represent oneself or another person.
However, there is a professional bar association for lawyers in Sweden known as the
Swedish Bar Association or 'Sveriges advokatsamfund.' The member of the Bar has an exclusive
right to offer legal advice under the professional title “advokat.” Most Swedes are encouraged to
retain a lawyer from the bar to present them in court. Even in criminal cases, defendants are
persuaded to use defense attorneys. The requirements to becoming a lawyer involves living in
Sweden, within the European Union, the European Economic Area, or in Switzerland. The individual
would need to pass all proficiency exams required for a judge’s office; complete the practical and
theoretical training required to become a member of the Bar; has a reputation of integrity; and is
considered suitable to practice as a member of the Bar (Swedish Bar Association n.d.).
PROCEDURE
The general courts deal with criminal and civil cases:
Criminal cases are tried by one judge and three lay judges
Civil cases are tried by a one judge or three judges
In the court of appeals:
Criminal cases are heard by three judges and two lay judges
Civil cases are tried by three to four judges
In family cases, lay judges take part in the process in both district courts and courts of
appeal.
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Courts usually deliver fast judgments; however, if a defendant in a criminal case is detained
the courts pronounce the judgment within one week after completion of trial, unlike America where
it can take weeks to months to decide on a judgment (Ministry of Justice 2012).
SOURCES OF LAW (PRIMARY AND SECONDARY)
Primary:
Compilation or Official Codifications
Session Laws
Codes
Court Reports
Constitution
Secondary:
University online resources
Various governmental websites
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Annotated Bibliography 22
ANNOTATED BIBLIOGRAPHY
Central Intelligence Agency (CEI). 2013. Sweden. https://www.cia.gov/library/publications/the-
world-factbook/geos/sw.html (accessed September 25, 2013). This resource can be considered one of the best Internet sources considering it is created by the CIA. The CIA was created in 1947 when President Harry S. Truman signed the National Security Act. The act created a Director of Central Intelligence (DCI) to serve as head of the United States intelligence community; act as the principal adviser to the President for intelligence matters related to the national
security; and serve as head of the Central Intelligence Agency. The World Factbook that provides information for this paper remains the CIA's most widely disseminated and most popular product, as it a reference tool that provides a library that includes a world factbook webpage about different countries. It delivers information on the facts about Sweden as a country. The webpage introduces and describes Sweden’s people and society, economy, energy, transportation, military, government, society, energy, the capital, geography, language, population, and provides various photos and Sweden’s flag is blue with a golden yellow cross extending to the edges of the flag. The colors reflect those of the Swedish coat of
arms - three gold crowns on a blue field.
Cornell University of Law. 2013. World legal materials from Europe.
http://www.law.cornell.edu/world/europe#sweden (accessed October 24, 2013). This resource can be considered one of the best Internet sources due to source origination of Cornell University of Law. Cornell University Law School’s Legal Information Institute provides world legal materials from over 20 different countries from Europe, including Sweden. This website provides links to information on Sweden’s Constitution, decisions about the Supreme Court, intellectual property (IP) law, Parliament, statutes, government, penal code, patent and registration office, arbitration law, environmental code, Swedish legislation, Swedish Bar Association, along with many other legal matters. This source originates from a research, engineering, and editorial group located at Cornell Law School in
New York. The group collaborated with publishers, legal scholars, computer scientists, government agencies, and other groups and individuals that promote open access to law, worldwide.
European Union. 2013. Sweden. http://europa.eu/about-eu/countries/member-
countries/sweden/index_en.htm (accessed November 21, 2013). This resource can be considered one of the best Internet sources since it is the official site for the European Union. The European Union provides a website regarding various countries including Sweden. The webpage shows the capital, total area, population, and currency, along with links going to Sweden’s government and tourist information. This source offers a unique combination of information regarding various countries economic and political partnerships; mobility, growth, stability, along with one type of
currency; human rights and equality; increase in transparency of governing and democratic institutions.
Foreign Law Guide (FLG). 2013. Sweden - Introduction. Brill Online. Edited by: Marci Hoffman.
University of Denver-Penrose. 12 November 2013. This resource can be considered one of the best Internet sources because it is considered a well-known
resource for academic writers. The Foreign Law Guide is located within the University of Denver’s library website. The Guide gives the reader an opportunity to research Sweden’s legal history and how the country began with Swedish King, Erik Victorious, how the Constitution was created and concluding how the people took over the country and base for their legal system around Civil law. The FLG is a well-known
resource for librarians, researchers, law students, and practitioners’ that are interested in learning about a foreign country, laws, and judicial system. The FLG is an essential database offering relevant information
on sources of foreign law, including complete bibliographic citations to legislation, the existence of English translations and selected references to secondary sources in one virtual destination.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
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Annotated Bibliography 23
Foreign Law Guide (FLG). 2013. Sweden – Legislation and the judicial system. Brill Online. Edited
by: Marci Hoffman. University of Denver- Penrose. 12 November 2013. This resource can be considered one of the best Internet sources based on its ability to provide factual information for academic writers. The FLG is located within the University of Denver’s library website. The Guide takes the reader through the legislation and the judicial system and explains the Sweden’s legislation, also known as Swedish Parliament ‘the Riksdag.’ This source describes the office of the Parliamentary Ombudsman consisting of four ombudsmen who have separate functions, but all work together to ensure that the courts and civil service observe and enforce the laws that affect the freedom, security and property of citizens. This source provides information about Sweden’s court system and how
it is well-organized with an emphasis on easy accessibility to justice. Sweden has an independent of government or parliamentary control. This source walks the reader through the lowest level of district courts, known as tingsrätt, which are the courts of first instance in civil and criminal matters, to the Courts of Appeals and Supreme Court.
Government offices of Sweden. 2013. Home. http://www.government.se/sb/d/573 (accessed
November 21, 2013) The Government offices of Sweden can be considered one of the best Internet sources since it is factual governmental website. This website is an English-language website of the Swedish Government and the Government Offices. The Government’s main site (in Swedish) is located at http://www.regeringen.se. This source takes the reader on a journey through several web pages to view different areas of Sweden as designed. The website’s purpose is to provide information for a visitor: documents and records,
information about current government bills, initiatives and ministerial activities, and accounts of how the decision-making process works in Sweden. The site is compartmentalized into three sections: The Government and the Government Offices, Publications, and How Sweden is governed. About the government offices and how Sweden is governed are the main webpages that was used during the research for this project. The Government offices of Sweden offer various webpages regarding Sweden’s government and ministries. This particular webpage introduces what the Prime Minister main function is to
the country, along with other related links regarding the government. The resource provides information on how Sweden is governed through the Swedish Legislation, along with extra links taking the reader to look at the budget, various committees, and government offices.
The website provides information about the Swedish judicial system, compliments of The Ministry of
Justice, located at http://www.government.se/content/1/c6/16/65/79/c2777e20.pdf. The pdf file explains
the Swedish judicial system of two primary types of courts, particularly on pages 5, 13-15. The Ministry of Justice also provides a pdf file explaining the Swedish law-making process at either http://www.government.se/sb/d/574/a/84861 or http://www.government.se/content/1/c6/08/48/61/758e413e.pdf.
Katz, Stanley N. 2009. "Sweden." In the Oxford International encyclopedia of legal history. Oxford
University Press. 2009. Stanley Katz takes the viewer to this encyclopedia, one of the best Internet sources to learn about different law systems around the world, for an in depth definition of what Civil Law means to Sweden as a country. According to Katz, Sweden has a long history of different types of laws, from a legal plurality in Medieval Times of regional, national, and European law, church law, Mosaic law, Swedish law, to Civil Law
spanning from 1296 to today. In 1977, the Social Democratic party lost the election after having been in
power for forty-four years (thanks partly to Astrid Lindgren). Since then post-war welfare-state programs
have been increasingly adjusted to the European Commissioner (EC) legislation. Sweden has since opened
its borders and a market economy has led to international legal transplants, adapting to American legal education and corporate law firms, and acceptance to a more multicultural society with different forms of minority rights. Sweden is also increasingly a multi-religious society; the Swedish State Church (from 1593) was separated from the state in 2000 and today is one of many registered religious communities with around 77 percent of the population were members of the Church of Sweden by 2006.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
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Annotated Bibliography 24
Library of Congress. 2013. Sweden. http://www.loc.gov/law/help/guide/nations/sweden.php
(accessed October 24, 2013). The U.S. Congress established this Law Library back in 1832, recognizing its need for ready access to reliable legal materials. This Library has grown over the years to become the world’s largest law library and one of the best Internet sources for learning about the legal system of Sweden, with a collection of over 2.65 million volumes of both primary and secondary resources making this law library the largest legal collection in the world including covering the most ancient and primitive information, covering virtually every jurisdiction in the world, and posting information about every law including common, civil, customary, religious, and socialist. The Library of Congress provides a beginning reference to Sweden by
attaching links to various sources of information about Sweden’s Constitution, Executive, Judicial, and Legislative branches, along various related sources to assist with understanding Sweden’s legal system.
Swedish Institute. 2013. All. http://sweden.se/ (accessed November 21, 2013). The website is the office source for facts, making it one of the best Internet sources to learn about
Sweden and to educate the user of Sweden’s society, culture, traditions, nature, business, and even quick facts. The website is public funded by four organizations: Swedish Institute, Swedish Governmental
Offices, Business Sweden, and VisitSweden. The Swedish Institute provides information on Sweden’s History and system of government, found on different links. For example, the history of Sweden can be found at http://sweden.se/society/history-of-sweden/ and takes the viewer through the history of Sweden and its Constitution (along with the updates). Government: The Swedish system of government can be found at http://www.sweden.se/eng/Home/Society/Government-politics/Facts/Swedish-System-of-
Government/. The Swedish Institute gives a broad view of the Swedish system of government. Swedish’s power is based on the people and is the foundation of parliamentary democracy. Each person has the same rights, opportunities, and the freedom to scrutinize the government. This particular webpage introduces how general elections work, history of elections, defines the Constitution, fundamental rights, the Riksdag, the Prime Minister, the government in general, and the three levels of government.
University of Ottawa. 2013. Civil law systems and mixed systems with a civil law tradition.
http://www.juriglobe.ca/eng/sys-juri/class-poli/droit-civil.php (accessed October 24, 2013). The University of Ottawa, one of the best Internet sources to learn about the Sweden’s legal system, as it defines the Civil law systems, the office system of Sweden, along with other countries sharing the legal
process. The software tool, JuriGlobe, is a research group formed by professors from the Faculty of Law of the University of Ottawa. The focus for this website is developing a multilingual information data bank, user-friendly to anyone with access to the internet. The website contains information describing different legal systems in the world, official languages, and to some of the most important international commercial conventions and other multilateral commercial tools. This tool gives attorneys and business people an easy and modern tool to get an initial view of the particular legal system and language that applies to their interest. This is also a visual educational tool by providing the reader with a taste of worldwide law
systems.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
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Conclusion 25
CONCLUSION
Sweden’s legal system is a bit different than both The Italian and American legal system
even though they share similar democracies. However, as with every other country in the world,
countries are based on innovation and changes toward the future of a better environment. This
paper discussed the research methodology used for Sweden, evaluation criteria of the various
resources found, a summary of Sweden’s legal system, a description and evaluation of the best
Internet sources to learn about Sweden’s legal system and addressing the ten general elements
regarding the legal system. This paper shared a comparison between Sweden and the U.S. based
on court systems. In the end, it is all about people power and how we choose to make our own
country to best it can be through innovation and solving environmental issues through government
assistance.
THE BEST INTERNET SOURCES TO LEARN ABOUT THE LEGAL SYSTEM OF SWEDEN BY JULIE MALONE
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References 26
REFERENCES
Central Intelligence Agency (CEI). 2013. Sweden. https://www.cia.gov/library/publications/the-
world-factbook/geos/sw.html (accessed September 25, 2013).
Cornell University of Law. 2013. World legal materials from Europe.
http://www.law.cornell.edu/world/europe#sweden (accessed October 24, 2013).
European Union. 2013. Sweden. http://europa.eu/about-eu/countries/member-
countries/sweden/index_en.htm (accessed November 21, 2013).
Foreign Law Guide (FLG). 2013. Sweden - Introduction. Brill Online. Edited by: Marci Hoffman.
University of Denver- Penrose. 12 November 2013.
Foreign Law Guide (FLG). 2013. Sweden – Legislation and the judicial system. Brill Online. Edited
by: Marci Hoffman. University of Denver- Penrose. 12 November 2013.
Government offices of Sweden. 2013. How Sweden is governed.
http://www.government.se/sb/d/575 (accessed October 24, 2013).
Katz, Stanley N. 2009. "Civil Law." In the Oxford International encyclopedia of legal history. Oxford
University Press. 2009.
Library of Congress. 2013. Sweden. http://www.loc.gov/law/help/guide/nations/sweden.php
(accessed October 24, 2013).
Miles, Nicholas. 2011. The Problem with Separation of Powers in Sweden.
http://thenpiratskaargus.wordpress.com/2011/12/20/the-problem-with-separation-of-
powers-in-sweden/ (posted on December 20, 2011.
Ministry of Justice. 2012. The Swedish judicial system.
http://www.government.se/content/1/c6/16/65/79/c2777e20.pdf (accessed November 22,
2013).
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NOVEMBER 25, 2013
References 27
Ministry of Justice. 2007. The Swedish law-making process.
http://www.government.se/content/1/c6/08/48/61/758e413e.pdf (accessed November 22,
2013).
Modéer, Kjell Å. 2009. "Sweden." In the Oxford international encyclopedia of legal history. Oxford
University Press.
Stockholm Royal Seaport Innovation. 2013. Stockholm Royal Seaport.
http://www.stockholmroyalseaport.com/en/ (accessed November 21, 2013).
Swedish Bar Association. n.d. Some salient features of the legal profession in Sweden.
http://www.advokatsamfundet.se/Documents/Advokatsamfundet_eng/From%20Scandinavi
an%20Studies%20of%20Law.pdf (accessed November 13, 2013).
Sweden map. 2013. Map. Greenwich Mean Time.
http://wwp.greenwichmeantime.com/images/europe/sweden.jpg (accessed October 24,
2013).
Swedish Institute. 2013. Astrid Lindren spoke, people listened. http://sweden.se/culture/astrid-
lindgren-spoke-people-listened/ (accessed November 20, 2013).
Swedish Institute. 2013. Government: The Swedish system of government.
http://www.sweden.se/eng/Home/Society/Government-politics/Facts/Swedish-System-of-
Government/ (accessed November 21, 2013).
Swedish Institute. 2013. History of Sweden. http://sweden.se/society/history-of-sweden/
(accessed November 11, 2013).
Swedish Institute. 2013. Home. http://www.sweden.se/eng/Home/ (accessed October 24, 2013).
Swedish Institute. 2013. Pippi Longstocking – rebel role model. http://sweden.se/culture/pippi-
longstocking-rebel-role-model/ (accessed November 20, 2013).
The Swedish Parliament. The Riksdag. http://www.riksdagen.se/en/ (accessed November 13,
2013).
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References 28
University of Ottawa. 2013. Civil law systems and mixed systems with a civil law tradition.
http://www.juriglobe.ca/eng/sys-juri/class-poli/droit-civil.php (accessed October 24, 2013).