The legal system of Sweden
A Nordic civil-law system whose constitution is spread across four fundamental laws and which is famous for its independent, agency-driven administration and its 1766 principle of public access to official documents. An EU member outside the eurozone.
Legal tradition
Sweden belongs to the civil law (nordic) tradition. A Nordic civil-law system whose constitution is spread across four fundamental laws and which is famous for its independent, agency-driven administration and its 1766 principle of public access to official documents. An EU member outside the eurozone.
How power is divided
Parliamentary government with a ceremonial monarch, strong independent public agencies that ministers may not instruct on individual cases, and separate general and administrative courts.
Where law comes from
- Fundamental Laws
- The four Grundlagar.
- EU law
- Directly applicable and, in its field, paramount.
- Acts of the Riksdag
- Primary legislation.
- Ordinances
- Issued by the government under statutory delegation.
The legal profession
The title advokat is reserved for members of the Swedish Bar Association; representation in court is otherwise relatively open.
Law by topic in Sweden
- Constitutional LawFour fundamental laws and independent public agenciesSweden's constitution comprises four fundamental laws, headed by the 1974 Instrument of Government. A distinctive feature is that ministers cannot direct independent agencies on individual cases.
- Human RightsRights in the Instrument of Government, the ECHR and the JOFundamental rights sit in chapter 2 of the Instrument of Government, and the ECHR has had special statutory status since 1995. The Parliamentary Ombudsmen (JO) supervise the legality of public administration.
- Business & CorporateThe aktiebolag (AB) registered at BolagsverketThe private limited company (AB) is the standard vehicle, requiring SEK 25,000 in share capital and registered with the Swedish Companies Registration Office (Bolagsverket).
- Immigration & NationalityEU free movement and employer-tied work permits via MigrationsverketEU citizens move freely. Non-EU nationals need a work permit tied to a specific employer and job, administered by the Migration Agency, with a salary threshold that was raised sharply in recent reforms.
- Property & LandRegistration of title (lagfart) at Lantmäteriet, without a notaryReal-estate transfers are completed by written contract and registered as title (lagfart) with the mapping and land-registration authority Lantmäteriet. No notary is required.
- Civil ProcedureThe Code of Judicial Procedure with a simplified small-claims trackCivil cases begin in the District Courts under the Code of Judicial Procedure. Smaller claims follow a simplified procedure with capped recoverable costs, and undisputed debts go through the Enforcement Authority.
- Family LawGender-neutral marriage since 2009 and simple no-fault divorceThe Marriage Code has been gender-neutral since 2009. Divorce is no-fault and often immediate, though a six-month reconsideration period applies where a child lives at home or one spouse objects.
- Employment & LabourThe Employment Protection Act (LAS) and collective bargainingThe Employment Protection Act (LAS) governs dismissal, with a general priority based on length of service. Most terms are set by sector collective agreements rather than statute, and there is no statutory minimum wage.
- Tax LawWorldwide income, municipal plus state tax, and 25% VATResidents are taxed on worldwide income through a flat municipal tax plus a state surtax on higher incomes, administered by the Tax Agency. Standard VAT is 25%, and inheritance and wealth taxes have been abolished.
- Criminal LawThe Criminal Code (Brottsbalken) with lay judgesCriminal law is codified in the Brottsbalken. Lay judges (nämndemän) sit with a professional judge in the District Courts, and prosecutions are run by the independent Prosecution Authority.
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