The Best Internet Sites to Learn About Sweden's Legal System

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.


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


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).

http://wwp.greenwichmeantime.com/images/europe/sweden.jpg


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.

http://sweden.se/culture/astrid-lindgren-spoke-people-listened/

http://www.youtube.com/watch?v=QeKds4MPSJE

http://sweden.se/culture/pippi-longstocking-rebel-role-model/




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)


NOVEMBER 25, 2013

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.

http://europeanhistory.about.com/od/governmentandlaw/a/What-Was-Absolutism.htm

http://www.royalhistorian.com/the-state-opening-of-parliament-and-the-reform-of-the-royal-succession/


NOVEMBER 25, 2013


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).

http://en.wikipedia.org/wiki/Swedish_krona


NOVEMBER 25, 2013


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.

http://www.stockholmroyalseaport.com/en/

http://www.stockholmroyalseaport.com/en/

http://sweden.se/culture/cinnamon-buns/

http://www.returpack.hu/en/


NOVEMBER 25, 2013


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).


NOVEMBER 25, 2013


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/


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


http://sweden.se/society/government/

http://www.government.se/content/1/c6/08/48/61/758e413e.pdf


NOVEMBER 25, 2013


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

http://www.government.se/content/1/c6/16/65/79/c2777e20.pdf



NOVEMBER 25, 2013


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,



NOVEMBER 25, 2013


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.

http://www.government.se/sb/d/2853/a/21785


NOVEMBER 25, 2013


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

http://www.government.se/sb/d/3145

http://en.wikipedia.org/wiki/Government_of_Sweden

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.


NOVEMBER 25, 2013


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


NOVEMBER 25, 2013


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).

http://thenpiratskaargus.files.wordpress.com/2011/12/swedish-separation-of-powers.png

http://thenpiratskaargus.files.wordpress.com/2011/12/american-separation-of-powers1.png


NOVEMBER 25, 2013


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).


NOVEMBER 25, 2013


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.


NOVEMBER 25, 2013


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


NOVEMBER 25, 2013

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.

https://www.cia.gov/library/publications/the-world-factbook/geos/sw.html


http://www.intelligence.senate.gov/statutes.htm

http://www.law.cornell.edu/world/europe#sweden

http://europa.eu/about-eu/countries/member-countries/sweden/index_en.htm



NOVEMBER 25, 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. 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.


http://www.regeringen.se/


http://www.government.se/sb/d/574/a/84861



NOVEMBER 25, 2013


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.

http://www.loc.gov/law/help/guide/nations/sweden.php

http://sweden.se/

http://sweden.se/society/history-of-sweden/

http://www.sweden.se/eng/Home/Society/Government-politics/Facts/Swedish-System-of-Government/


http://www.juriglobe.ca/eng/sys-juri/class-poli/droit-civil.php


NOVEMBER 25, 2013

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.


NOVEMBER 25, 2013

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).



http://www.law.cornell.edu/world/europe#sweden




http://www.loc.gov/law/help/guide/nations/sweden.php

http://thenpiratskaargus.wordpress.com/2011/12/20/the-problem-with-separation-of-powers-in-sweden/

http://thenpiratskaargus.wordpress.com/2011/12/20/the-problem-with-separation-of-powers-in-sweden/



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/


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).


http://www.advokatsamfundet.se/Documents/Advokatsamfundet_eng/From%20Scandinavian%20Studies%20of%20Law.pdf

http://www.advokatsamfundet.se/Documents/Advokatsamfundet_eng/From%20Scandinavian%20Studies%20of%20Law.pdf

http://wwp.greenwichmeantime.com/images/europe/sweden.jpg





http://sweden.se/society/history-of-sweden/

http://www.sweden.se/eng/Home/



http://www.riksdagen.se/en/


NOVEMBER 25, 2013

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).

http://www.juriglobe.ca/eng/sys-juri/class-poli/droit-civil.php

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