Act with Instructions

for the Parliamentary Ombudsmen

issued on 13 November 1986

In accordance with the decision of the Riksdag the following has been determined.

Tasks

1. In accordance with 8.10 of the Riksdag Act, there are four Ombudsmen, a Chief Parliamentary Ombudsman and three Parliamentary Ombudsmen.

The Chief Parliamentary Ombudsman and the Parliamentary Ombudsmen are to supervise, to the extent laid down in Article 2, that those who exercise public authority are to obey the laws and other statutes and fulfil their obligations in other respects.

2. Those supervised by the Ombudsmen are:

1. State and municipal authorities,

2. Officials and other employees of these authorities,

3. Other individuals whose employment or assignment involves the exercise of public authority, in so far as this aspect of such activity is concerned,

4. Officials and those employed by public enterprises, while carrying on, on behalf of such an enterprise, activities in which through the agency of the enterprise the Government exercises decisive influence.

Where officers in the armed forces are concerned, however, this supervision extends only to commissioned officers with the rank of second-lieutenant or above, and to those of corresponding rank.

The supervision of the Ombudsmen does not extend to:

1. Members of the Riksdag,

2. The Riksdag Board of Administration, the Riksdag's Election Review Board, the Riksdag's Complaints Board or the Clerk of the Chamber,

3. Members of the Board of the Riksbank, the Governor of the Riksbank and his deputies, except to the extent of their involvement in exercise of the powers of the Riksbank to make decisions in accordance with the Act on the Regulation of Currency and Credit (1992),

4. The Government or Ministers,

5. The Chancellor of Justice, and

6. Members of policy-making municipal bodies.

An Ombudsman is not subject to the supervision of any other Ombudsman.

The term official is used in this act, unless otherwise indicated by the context, to refer to those who are subject to the supervision of the Ombudsmen.

3. The Ombudsmen are to ensure in particular that the courts and public authorities in the course of the activities obey the injunction of the Instrument of Government about objectivity and impartiality and that the fundamental rights and freedoms of citizens are not encroached upon in public administration.

In supervision of municipal authorities the Ombudsmen are to take into consideration the forms taken by municipal self determination.

4. The Ombudsmen are to contribute to remedying deficiencies in legislation. If, during the course of their supervisory activities, reason is given to raise the question of amending legislation or of some other measure by the state, the Ombudsmen may then make such representations to the Riksdag or the Government.

The Parliamentary Ombudsmen are to consult the Chief Parliamentary Ombudsman before making the representations referred to in the above paragraph.

5. Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary.

The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out

6. The Ombudsmen conclude cases with a decision, which states an opinion as to whether a measure taken by an authority or an official is in breach of the law or some other statute, or is otherwise erroneous or inappropriate. The Ombudsmen may also make statements intended to promote uniform and appropriate application of the law. In the role of extra-ordinary prosecutor, an Ombudsman may initiate legal proceedings against an official who, in disregarding the obligations of his office or his commission, has committed a criminal offence other than an offence against the Freedom of the Press Act. If an inquiry into a case gives an Ombudsman reason to believe that such a criminal offence has been committed, the stipulations in the law concerning preliminary inquiries, prosecution and waiver of prosecution are to apply, together with those regarding the powers otherwise afforded to prosecutors in criminal cases subject to public prosecution. Cases brought before a district court are to be pursued to the Supreme Court only if there are exceptional grounds for doing so.

If proceedings can be taken by means of disciplinary measures against an official who, in disregarding the obligations of his office or his commission, has committed an error, the Ombudsmen may report the matter to those empowered to decide on such measures. In the case of an individual with professional certification or some other authorisation entitling him to practise within the medical profession, as a dentist, or in retail trade in pharmaceutical products, or as a veterinary surgeon, who has displayed gross incompetence in his professional activities or shown himself in some other way to be obviously unsuitable to practise, the Ombudsmen may submit a report to those who have the authority to decide on the revocation of the qualification or the authorisation. A similar request for limitation of the scope of the qualification may be made when somebody with such qualifications has abused his powers in some other way.

Should the Ombudsmen consider it necessary that the official be dismissed or temporarily deprived of his office because of criminal acts or gross or repeated misconduct, the Ombudsman may report the matter to those empowered to decide on such a measure.

When an Ombudsman has made a report of the kind referred to in the two preceding paragraphs, he is to be given the opportunity to supplement his own inquiry into the case, and to submit an opinion on any inquiry into the case carried out by some other person, as well as the right to be present if oral questioning occurs. This is not to apply, however, if the case concerns temporary deprival of office.

7. If an authority has decided against an official in a case involving application of special regulations in the law or other statutes concerning officials and matters of discipline, or dismissal or temporary deprival of office because of criminal acts or misconduct, an Ombudsman may refer the case to a court of law for amendment of the decision. This is also to apply to the decision of an authority in a case concerning disciplinary measures against medical or hospital staff, veterinary surgeons, those serving in the armed forces, as well as the decision of an authority in cases concerning certification of the kind referred to in the third paragraph of Article 6. More detailed regulations about such referral are issued in the form of law or some other statute.

If an official, in accordance with the stipulations in force, has applied to a court for amendment of a decision of the kind referred to in the above paragraph, and if the decision was made as a result of a report from an Ombudsman, the Ombudsman is to act on behalf of the public against the official during the dispute. This is also to apply if the Ombudsman has sought amendment of the decision. The stipulations of laws or other statutes applying to employers are, where disputes referred to in this paragraph are concerned, to apply correspondingly to the Ombudsmen. The stipulations in 4.7 and 5.1. of the Act on Litigation in Labour Disputes (1974) are not, however, to apply in cases where the action is being brought by an Ombudsman.

8. The Ombudsmen should not intervene against a subordinate official with no independent powers, unless there are exceptional reasons for doing so.

9. The powers of the Ombudsmen to initiate legal proceedings against a member of the Supreme Court or the Supreme Administrative Court or to press for the dismissal or deprival of office of such an official, or for the requirement that the official submit to medical examination are laid down in the Instrument of Government.

10. The Ombudsmen are obliged to initiate and prosecute those legal proceedings which the Committee on the Constitution has decided to institute against a Minister, in accordance with 12.3 of the Instrument of Government, and also legal proceedings against officials within the Riksdag or its agencies decided by committees of the Riksdag, in accordance with the regulations, but not, however, legal proceedings against an Ombudsman.

The Ombudsmen are also obliged to assist committees of the Riksdag in preliminary inquiries concerning those officials cited in the previous paragraph.

11. The Ombudsmen are to submit, by 15 November at the latest, each year a printed report on the discharge of their office covering the period from 1 July of the preceding year until the following 30 June. This report is to contain an account of the actions which have been taken by virtue of paragraph 1 of Article 4, paragraphs 2 - 4 of Article 6, and Article 7, together with other significant decisions published by the Ombudsmen. The report is also to contain a survey of their activities in other respects.

Organisation

12. In accordance with 8.10 of the Riksdag Act, the Chief Parliamentary Ombudsman is the administrative head and decides on the overall direction activities are to take. In his administrative directives he is to issue regulations about the organisation of these activities and the allocation of cases among the Ombudsmen.

13. The activities of the Ombudsmen are to be administered by an Ombudsmen's secretariat (Ombusmannaexpedition), which is to employ an administrative director, heads of division and other administrative staff as laid down by the Riksdag. To the extent needed, and in so far as funds are available, the Chief Parliamentary Ombudsman may appoint other staff, experts and referees. The Chief Parliamentary Ombudsman is to decide on the duties assigned to the staff.

The administrative director is to direct the work of the secretariat, as subordinate to the Chief Parliamentary Ombudsman, and is otherwise to afford the Ombudsmen such assistance as they may require.

14. In addition to these instructions and those laid down in his administrative directives, the Chief Parliamentary Ombudsman is to issue the rules and regulations needed for the work of the secretariat. The Chief Parliamentary Ombudsman is to consult the Committee on the Constitution on organisational issues of importance.

Before consultation with the Committee on the Constitution, an Ombudsman is to consult the Chief Parliamentary Ombudsman.

15 Irrespective of the import of the administrative directives, the Chief Parliamentary Ombudsman may make a specific decision allocating a particular case or group of cases to himself or one of the other Ombudsmen.

In addition, the Chief Parliamentary Ombudsman may in the administrative directives or through some other decision authorise officials within the Ombudsmen's secretariat to take measures in preparing a case, officials to cany out inspections, without, however, the right while doing so to make comments or other pronouncements on behalf of the Ombudsman, and also the administrative director to make administrative decisions, but not however concerning the appointment of heads of division.

16. When the Chief Parliamentary Ombudsman is on holiday or is prevented from discharging his duties, of the other Ombudsman the one with the longest period of service is to act as his deputy. If two or more of the Ombudsmen have served for the same length of time, the oldest is to take precedence.

If an Ombudsman is prevented, either by sickness or some other reason, from fulfilling his duties for a considerable period of time, the Chief Parliamentary Ombudsman or his deputy is to notify the Riksdag, for action in accordance with the final paragraph of 8.10 of the Riksdag Act.

Complaints

17. Complaints should be made in writing. The written complaint should indicate which authority the complaint is made about, the action which the complainant is referring to, the date of the action, together with the name and address of the complainant. If the complainant possesses a document which is of significance in dealing with and assessing the case, this should be appended.

A person who has been deprived of his liberty may write to the Ombudsmen, without being prevented by the restrictions on sending letters and other documents which may apply to him.

At the complainant's request, confirmation is to be issued by the secretariat of receipt of the complaint.

18. If an issue arising from a complaint is of such a nature that it can appropriately be investigated and appraised by an authority other than the Ombudsman, and if that authority has not previously reviewed the matter, the Ombudsman may refer the complaint to the authority for action. Complaints may, however, only be referred to the Chancellor of Justice after prior agreement.

If a complaint concerns an official who is a member of the Swedish Bar Association, and if the issue raised by the complaint is such that it can, in accordance with the fourth paragraph of 8.7 of the Code of Judicial Procedure, be appraised by a body within the Bar Association, the Ombudsman may refer the complaint to the Association for action.

19. The Ombudsmen shall inform a complainant without delay as to whether his complaint has been rejected, filed, referred to some other agency, in accordance with Article 18, or has been made the subject of an inquiry.

General regulation about the treatment of cases

20. The Ombudsmen should not initiate inquiries into circumstances which date back two or more years, unless there are exceptional grounds for doing so.

21. The Ombudsmen are to carry out the investigative measures required in appraising complaints and other cases.

When the Ombudsmen, in accordance with the stipulations of the Instrument of Government, request information and statements in cases other than those in which it has been decided to institute a preliminary inquiry, they may do so on penalty of fine not exceeding 1,000 Swedish Crowns. The Ombudsmen may impose such a penalty, if incurred.

If there are grounds for suspecting that an official subject to the regulations about disciplinary measures in the Act on Official Employment (1976), is guilty of misconduct for which disciplinary measures should be invoked, and there is reason to fear that a written caution, as laid down in the first paragraph of 14.1 of that Act, cannot be issued to him within two years of the misconduct, the Ombudsmen may issue a corresponding caution. This provision is also to apply to those who, by virtue of other statutes, are also subject to regulations on disciplinary measures and to cautions and corresponding notification.

When an Ombudsman is present at the deliberations of a court or other public authority, he does not have the right to express an opinion.

22. An Ombudsman may authorise some other person to administer an inquiry which he has decided to initiate and to institute and prosecute legal proceedings he has decided on, unless these measures concern a member of the Supreme Court or the Supreme Administrative Court.

A decision to appeal a judgement or a decision to a superior court may only be made by an Ombudsman.

In cases referred to in Article 7, the Ombudsman may appoint an official on the Ombudsmen's staff to prosecute the legal proceedings on behalf of the Ombudsman.

In cases referred to in the third and fourth paragraphs of Article 6, the Ombudsmen may authorise officials on the Ombudsmen's staff to undertake action required.

23. Cases are concluded after oral presentation, for which an official on the staff of the ombudsmen's secretariat or specially appointed for the task is responsible. Decisions to reject a case or file it, can, however, be made without such presentation. The Ombudsman may also conclude other cases without oral presentation if there are exceptional grounds for doing so.

24. A journal is to be kept for all cases and for the actions taken in connection with them. Documentary records for every decision are to be kept at the Ombudsmen's secretariat showing who made the decision, who was responsible for the oral presentation and the date and content of the decision. A register is to be kept of specially designated 100 decisions. Written records are to be kept during inspections and when needed for other reasons.

Miscellaneous regulations

25. When the annual report is submitted to the Riksdag, journals, written records and registers covering the same period are to be presented at the same time to the Committee on the Constitution.

26. The Ombudsmen's secretariat is to be open to the public during the hours decided on by the Chief Parliamentary Ombudsman.

27. Documents are to be issued free of charge, unless otherwise justified for special reasons.

If a charge is to be made, it should be fixed according to the regulations in force for public authorities in general.

A decision to impose a charge cannot be appealed against.

28. The Chief Parliamentary Ombudsman appoints officials within the Ombudsmen's secretariat and other staff; in so far as he has not delegated these tasks, as laid down in Article 15, to the administrative director.

29. Regulations concerning appeal against decisions in matters of appointment to posts or otherwise affecting staff within the Ombudsmen's secretariat, are laid down in the Regulations for Appeal for the Riksdag and its Agencies.