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17 Cards in this Set
- Front
- Back
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Swedish lawyers working material: |
- laws and regulations - international treaties - court decisions - commercial practice - standardised agreements in private law - legal literature basically the same as all other European lawyers. Not all are legally binding, but are important when looking at what the law is. |
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Four categories of laws and regulations: |
- constitutional acts - acts - ordinances - statutory instruments |
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How to enact a constitutional act: |
There must be two identical decisions made by the Riksdag with a general election between the them. |
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How to enact an ordinary act: |
A normal, one time decision made by the Riksdag. |
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The four constitutional acts: |
- Instrument of Government - Act of Succession - Freedom of the Press Act - Fundamental Law on the Freedom of Expression |
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What happens to every enacted Swedish norm? |
They have to be published in a gazette, when necessary, on a continuous basis, without a fixed schedule. |
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Where are constitutional acts, ordinary acts and ordinances published? |
In SFS. |
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Where are statutory instruments published? |
In one of more than fifty gazettes published by national administrative agencies. |
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What is published on the 1st of Jan every year, and what is its purpose? |
Register over gallande, SFS-forfattninger. Provides information on all the acts and ordinances in force and adds detailed information about the legal history of each act or ordinance. |
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The 1734 Code - still in force? |
Only small fragments of two parts of the original 1734 Code are in force; all other parts have been repealed or replaced. |
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The Penal Code of 1962 |
Current criminal code, not got much in common with it's predecessors. |
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Where do international agreements fit into the Swedish heirarchy of norms?
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They don't at the moment, but this may change. However, to do this the agreement would have to become a Swedish law. |
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How would international agreements become Swedish law? |
1. Government must conclude the agreement and Riksdag approve it. 2. The normative substance of the agreement must be transformed into Swedish law. - adding to an existing act/ordinance - making a new act/ordinance - explicitly providing the agreement become Swedish law |
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Act on Sweden's Accession to the European Union |
Provides that treaties, acts and other instruments of the EU are binding in Sweden. Binding as EU norms - not Swedish norms. |
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How are ordinary laws made (Government bit)? |
- legal problem is identified politically - Government appoint a legislative committee, which conducts an inquiry an presents their findings to the government with reports - circulated to various bodies for comment - ministries take into account criticism, if a new report is necessary the above is repeated - (final draft given to Council on Leg who can either object (bill is killed) or not/minor objections) - proposal presented to Riksdag. |
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How are ordinary laws made (Riksdag bit)? |
- as soon as government bill is received, members of the Riksdag may submit motions to modify proposals, reject parts or the whole - presented in the Chamber of the Riksdag, then referred to a standing committee who return a report - report gives a recommendation to enact or not - debate then a vote - published in the SFS |
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Precedent in Swedish law |
"Guidance" not binding. |
