EUROPAM

European Public Accountability Mechanisms

Sweden

Country score (European Average*)
  • 46(67) Political Financing
  • 5(50) Financial Disclosure
  • 28(41) Conflict of Interest
  • 35(56) Freedom of Information
  • 68(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)47,390
Population, total9,798,871
Urban population (% of total)85.8
Internet users (per 100 people)92.5
Life expectancy at birth (years)82.3
Mean years of schooling (years)12.1
Global Competitiveness Index5.4
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on State Financial Support to Political Parties (1972, amended 2004) and the Election Act 2005 have seen changes following the Act Amending - Act on State Financial Support to Political Parties (1972, amended 2004) - 2014 and the Act on Transparency of Party Financing (2014) . The main changes brought about alterations to some provisions on public funding and the reporting requirements of political parties. 

There are few limits on the private income of parties in Sweden. There are bans on donations from foreign entities but there are no bans on donations from corporations, trade unions or from anonymous donors. There are also no limits on the amount of donation that can be received both during and outside of election periods. 

There is public funding available for political parties. This is allocated according to the share of votes in the previous election, the representation in the elected body, participation in the election and the share of seats in the previous election. Furthermore, funding is not available to parties that have received donations from anonymous donors. Public funding can be used for campaign spending. There are no provisions on subsidized media access but there are provisions on indirect public funding from other sources such as the use of premises for campaign meetings. 

For regulations on spending, there is a ban on vote buying but there are no bans on state resources being used in favour or against a political party or candidate. There are no limits on spending for parties and candidates. 

Parties are required to keep accounts which must be made public. These do not have to reveal the identity of donors. Accounts are overseen by the Administrative Court and the Kammarkollegiet. There are sanctions in the form of fines for those breaching the provisions of the law.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income252525
Public funding505050
Regulations on spending252525
Reporting, oversight and sanctions338383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Chapter 19, Section 13. Receiving money from a foreign power or someone acting on behalf of a foreign power is a criminal offence if the purpose is to influence public opinion in matters fundamental to the governance of the country or a matter of national security (within the purview of Parliament or the government). (Chapter 19, Section 13, Criminal Code, (1962:700) amended 2015)
Is there a ban on donations from foreign interests to candidates? Yes. Chapter 19, Section 13 Receiving money from a foreign power or someone acting on behalf of a foreign power is a criminal offence if the purpose is to influence public opinion in matters fundamental to the governance of the country or a matter of national security (within the purview of Parliament or the government) (Chapter 19, Section 13, Criminal Code, (1962:700) amended 2015)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Section 6 of Act on Transparency of Party Financing include possibility to have contributions from companies However the size of the donations must be disclosed (Section 6, Act on transparency of party financing (2014:105))
Is there a ban on corporate donations to candidates? No. Section 4 "If anyone has been appointed a member of the Rilcsdag or the European Parlament following personal preference voting, the parties revenue statement shall also cover members personal election campaign" However the size of donations must be disclosed if elected (Section 4, Act on transparency of party financing (2014:105))
Is there a ban on donations from corporations with government contracts to political parties? No. Section 6 "- contributions from other parts of the party, organisation, including affiliated organisations; contributions from private persons; contributions from companies, organisations, associations and other societies, foundations and funds; and anonymous contributions. The first paragraph also applies to revenue of activities conducted in a company or in any other operational form, if the party has a controlling influence on the activities. The same apphes to revenue of a foundation associated with the party." However the size of the donations must be disclosed (Section 6, Act on transparency of party financing (2014:105))
Is there a ban on donations from corporations of partial government ownership to political parties? No. Section 6 "- contributions from other parts of the party, organisation, including affiliated organisations; contributions from private persons; contributions from companies, organisations, associations and other societies, foundations and funds; and anonymous contributions. The first paragraph also applies to revenue of activities conducted in a company or in any other operational form, if the party has a controlling influence on the activities. The same apphes to revenue of a foundation associated with the party." However the size of the donations must be disclosed (Section 6, Act on transparency of party financing (2014:105))
Is there a ban on donations from corporations with government contracts to candidates? No. Section 6 "- contributions from other parts of the party, organisation, including affiliated organisations; contributions from private persons; contributions from companies, organisations, associations and other societies, foundations and funds; and anonymous contributions. The first paragraph also applies to revenue of activities conducted in a company or in any other operational form, if the party has a controlling influence on the activities. The same apphes to revenue of a foundation associated with the party." However the size of donations must be disclosed if elected (Section 6, Act on transparency of party financing (2014:105))
Is there a ban on donations from corporations of partial government ownership to candidates? No. Section 6 "- contributions from other parts of the party, organisation, including affiliated organisations; contributions from private persons; contributions from companies, organisations, associations and other societies, foundations and funds; and anonymous contributions. The first paragraph also applies to revenue of activities conducted in a company or in any other operational form, if the party has a controlling influence on the activities. The same apphes to revenue of a foundation associated with the party." However the size of donations must be disclosed if elected (Act on transparency of party financing (2014:105))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Section 6 political party or candidate can receive "contributions fiom companies, organisations, associations and other societies, foundations and funds" However the size of the donations must be disclosed (Act on transparency of party financing (2014:105))
Is there a ban on donations from Trade Unions to candidates? No. Section 6 political party or candidate can receive "contributions fiom companies, organisations, associations and other societies, foundations and funds" However the size of donations must be disclosed if elected [uncertainty, whether it’s the party that disclosed or the individual] (Act on transparency of party financing (2014:105))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Section 6 Allows anonymous contributions However political parties receiving anonymous donations, are not eligible to receive public funding (Section 6, Act on transparency of party financing (2014:105))
Is there a ban on anonymous donations to candidates? No. Section 6 Allows anonymous contributions However, if a candidate has successfully run a personal campaign receives anonymous donations, the political party she/he represents will not be eligible for public funding (Section 6, Act on transparency of party financing (2014:105))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. State officials may only give support to political parties if this does not unduly benefit any party. Section 10 " Support may not be designed in such a way as to be unduly favourable or prejudicial to a party. " (Section 10, Local government act ("Kommunallag") (1991:900) - [Municipal Law], amended 2015)
Is there a ban on any other form of donation? No. Absent from legal framework

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Art 3,".‌.‌.‌If a party has not won representation in the Riksdag in one of the two most recent elections, for that election the number of full tenths of a percentage point of votes over 2.‌5 per cent that the party received nationwide are counted instead of seats.‌ Art 6, [Secretariat support] "Parties that have received at least 4 per cent of the votes nationwide in an election to the Riksdag receive one full basic support amount for each year covered by the election.‌ A full basic support amount is SEK 5 803 200.‌" (Articles 3, 6, State Financial Support to Political Parties, Act (1972:625) amended 2014)
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Art 11a, "A party that has gained at least 4 per cent of the votes nationwide in an election to the Riksdag and, in the next election to the Riksdag, gains less than 2 per cent of the votes nationwide is only entitled to half the financial support stated in Sections 3 and 9.‌ (Article 11a, State Financial Support to Political Parties, Act (1972:625) amended 2014)
Eligibility criteria for direct public funding to political parties: Participation in election Yes. Under this Act, State financial support is paid to political parties that have taken part in elections to the Riksdag.‌ (State Financial Support to Political Parties, Act (1972:625) amended 2014)
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. Art 2, "Party support is paid per seat in the Riksdag.‌ Each seat in the Riksdag receives a contribution of SEK 333 300.‌"
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other Yes. Must not have received anonymous donations (Section 1(1) State Financial Support to Political Parties, Act (1972:625) amended 2014)

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. Extensive allocation criteria in the provisions which are too long to restate here. (Section 1, 2, 3, 6, 8, 9 a State Financial Support to Political Parties, Act (1972:625) amended 2014)
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other Yes. Every party that recieves 4% of the votes, recieves 5.803.200 SEK in Secretariat Support and recieves a supplementary contribution of SEK 16,350 per Riksdag seat for the government parties and 24.300 SEK. In addition to the state funds provided to the parties’ national organisations, the parties represented in the Riksdag receive financial support for the activities of the members of the Riksdag and of the respective party groups.‌ The contributions are distributed in the form of basic support, support for political advisers, travelling etc.‌ The basic support consists of a fixed amount and a supplement based on the number seats won in the Riksdag.‌ Currently, the amount set is SEK 1.‌7 million (EUR 153,500) per year.‌ A party group representing the Government is entitled to one set amount.‌ Other party groups are entitled to two set amounts.‌ The supplement is SEK 57,000 (EUR 5,100) per year and member.‌" (Section 6, State Financial Support to Political Parties, Act (1972:625) amended 2014)

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Section 1 Under this Act, State financial support is paid to political parties that have taken part in elections to the Riksdag. The forms of financial support are ‘party support’ and ‘secretariat support’. (Section 1, State Financial Support to Political Parties, Act (1972:625) amended 2014)
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? no. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Chapter 4, Section 20 "Every municipality shall ensure that there are appropriate premises that can be used as polling stations and that, as regards location, accessibility and opening hours, they provide voters with good opportunities to vote." (Chapter 4, Section 20, Election Act (2005:837) amended 2014)
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. Chapter 6 Section 9 "Ballot papers will be delivered only if they are paid in advance. However, for a party that already prior to the election is entitled to ballot papers at the expense of the state, payment in advance is only required to the extent that the order relates to more ballot papers than as specified in Section 8, second paragraph". (Chapter 6 Section 9, Election Act (2005:837) amended 2014)
Is the provision of direct public funding to political parties related to gender equality among candidates? No. However provisions require: A revenue statement shall contain in-formation about the size of: 3- support to a women"s organisation within the party under the Act on State financial support to parhamentary parties’ women‘s organisations (Section 6(3) Act on transparency of party financing (2014:105))
Are there provisions for other financial advantages to encourage gender equality in political parties? No. However provisions require: A revenue statement shall contain in-formation about the size of: 3- support to a women"s organisation within the party under the Act on State financial support to parhamentary parties’ women‘s organisations (Section 6(3) Act on transparency of party financing (2014:105))

Regulations on spending 

Is there a ban on vote buying? Yes. Chapter 17 Section 8 "A person who, in an election to public office or in connection with some other exercise of suffrage in public matters, attempts to prevent voting or to tamper with its outcome or otherwise improperly influence the vote, shall be sentenced for improper activity at election to a fine or imprisonment for at most six months" (Chapter 17 Section 8, Criminal Code (1962:700) amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. A party shall report to liilannnarlcollegiet [the Legal Financial and Administrative Services Agency} on how it has t'n1anced its political activities. The report shall provide a clear accoinit of the fluids fiom which the activities have benefited and where these funds come from (revenue statement)- The revenue statement shall cover the parlyis activities at central level.If anyone has been appointed a member or altemate member of the Riksdag or the European Parhament following personal preference voting, the parlyis revenue statement shall also cover the member°s or altemate’s personal election campaign- (Section 4, Act on transparency of party financing (2014:105) )
Do political parties have to report on their finances in relation to election campaigns? No. Absent from legal framework
Do candidates have to report on their campaign finances? Yes. The purpose of the Act is to ensure transparencv to the puhlic regarding how parties finance their political activities and how electoral candidates finance their personal election campaigns- Candidate election campaign expenses probably fall within section 4: A party shall report to liilannnarlcollegiet [the Legal Financial and Administrative Services Agency} on how it has financed its political activities. The report shall provide a clear accoinit of the funds fiom which the activities have benefited and where these funds come from (Section 1 & 4 Act on transparency of party financing (2014:105))
Is information in reports from political parties and/​or candidates to be made public? Yes. On the website of the Kammarkollegiet (the website publication will however not include the identity of physical persons making donations; this information will only be available through the Kammarkollegiet office) (Section 12 Act on transparency of party financing (2014:105))
Must reports from political parties and/​or candidates reveal the identity of donors? No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Kammarkollegiet exercises supervision of compliance with this Act and regulations issued in connection with this Act- (Section 13 Act on transparency of party financing (2014:105))

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court Yes. Section 13 A decision to issue an order under Section 14, to charge a late submission fee under Section 15 or to charge a special fee under Section 15‘ may be appealed to a general administrative court. Either decisions pursuant to this Act are not subject to appeal. (Section 23 Act on transparency of party financing (2014:105))
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other Yes. Kammarkollegiet exercises supervision of compliance with this Act and regulations issued in connection with this Act- (Section 13 Act on transparency of party financing (2014:105))
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court Yes. An administrative court (“allmän förvaltningsdomstol”) can hear appeals against imposed sanctions. (Section 23 Act on transparency of party financing (2014:105))
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines yes. A number of fines from Section 15 - 21 Section 15 A party that is required by this Act to submit a revenue statement or a notification imder Section 1!], second paragraph-_ shall be charged a late submission fee of SEE It} EDD if the statement or notification has not been received by Kammarkollegiet within the prescribed time. (Section 15 - 21 Act on transparency of party financing (2014:105))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Criminal Code (1962:700) amended 2015 (Swedish)pdf
Act on transparency of party financing (2014:105) (English)pdf
Local government act ("Kommunallag") (1991:900) amended 2015 (Swedish)pdf
State Financial Support to Political Parties, Act (1972:625) amended 2014 (Swedish)pdf
Election Act (2005:837) amended 2014missing file:

Financial Disclosure

Swedish financial disclosure law makes no obligations for Ministers and Civil Servants. Only Members of Parliament are subject to making declarations as to the Disclosure Act (2008). These declarations must include real estate serving a business purpose, any income-generating employment which is not temporary, shares held in private companies, government contracts held, and board or accounting positions in enterprises. Should Members of Parliament already have a contract of financial nature with an employer which takes effect after the end of their mandate they must include this in the declaration. Family members must not be included in disclosure statements.

Members of Parliament first submit their statements when taking office, and submit any changes within four weeks after they arise. No sanctions are specified for MPs who fail to make a declaration, or make false statements. No enforcement body is specified to verify submissions, their accuracy, or to impose possible sanctions. Declarations are submitted with a register of parliament. They are not accessible to the public. 

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items877
Filing frequency121212
Sanctions000
Monitoring and Oversight066
Public access to declarations600

Alternative Metric

201220152016Trend
Head of State000
Ministers000
Members of Parliament212121
Civil servants000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is monarch. Legal provisions do not apply.
Income and Assets
Real estate No. Head of state is monarch. Legal provisions do not apply.
Movable assets No. Head of state is monarch. Legal provisions do not apply.
Cash No. Head of state is monarch. Legal provisions do not apply.
Loans and Debts No. Head of state is monarch. Legal provisions do not apply.
Income from outside employment/assets No. Head of state is monarch. Legal provisions do not apply.
Incompatibilities
Gifts received as a public official No. Head of state is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply.
Post-employment No. Head of state is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply.
Concurrent employment of family members in public sector No. Head of state is monarch. Legal provisions do not apply.

Filing frequency

Filing required upon taking office No. Head of state is monarch. Legal provisions do not apply.
Filing required upon leaving office No. Head of state is monarch. Legal provisions do not apply.
Filing required annually No. Head of state is monarch. Legal provisions do not apply.
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is monarch. Legal provisions do not apply.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is monarch. Legal provisions do not apply.

Monitoring and Oversight

Depository body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Enforcement body explicitly identified No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying submission No. Head of state is monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying accuracy No. Head of state is monarch. Legal provisions do not apply.

Public access to declarations

Public availability No. Head of state is monarch. Legal provisions do not apply.
Timing of information release specified No. Head of state is monarch. Legal provisions do not apply.
Location(s) of access specified No. Head of state is monarch. Legal provisions do not apply.
Cost of access specified No. Head of state is monarch. Legal provisions do not apply.

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate No. Absent from legal framework
Movable assets No. Absent from legal framework
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings No. Absent from legal framework
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm No. Absent from legal framework
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office No. Absent from legal framework
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. 0
Cost of access specified No. Absent from legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate Yes. Ownership, in whole or in part, of business premises (Article 8 (2) Disclosure Act (1996 amended 2010))
Movable assets No. Absent from legal framework
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets Yes. Salaried employment which is not only temporary and income-generating independent activities alongside the office of Representative. (Article 8 (3) and (6) Disclosure Act (1996 amended 2010))
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings Yes. Holdings of shares in a stock company, shares in a partnership or an economic association except housing cooperative and share in a equivalent foreign legal entity, if the value of the shares or percentage in respect of any corporation or association or equivalent legal person at the time of registration exceeding two basic amounts under Act (1962: 381) insurance. (Article 8 (1) Disclosure Act (1996 amended 2010))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts Yes. Contracts of a financial nature with former employers, such contracts if salary or pension, or another benefit is paid during the period scope of the assignment Member of Parliament. (Article 8 (4) Disclosure Act (1996 amended 2010))
Board member, advisor, or company officer of private firm Yes. Board appointments and assignments accountant in the corporation, partnership, economic association or equivalent foreign legal entity. (Article 8 (7) Disclosure Act (1996 amended 2010))
Post-employment Yes. Contracts of a financial nature with an employer or principals, although the contract may effect only after the mission as a member of parliament has ceased. (Article 8 (5) Disclosure Act (1996 amended 2010))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. Registration takes place following the notification of Parliament and/ or New to registration information must be notified in writing within four weeks. (Article 2, 6 and 8 Disclosure Act (1996 amended 2010))
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest Yes. Changes registered must be notified in writing within four weeks after they arise. (Article 4 and 8 Disclosure Act (1996 amended 2010))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified Yes. The register shall give comprehensive information about MPs commitments and economic interests to the extent justified if a legitimate public interest. (Article 1 and 5 Disclosure Act (1996 amended 2010))
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. 0
Cost of access specified No. Absent from legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate No. Absent from legal framework
Movable assets No. Absent from legal framework
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings No. Absent from legal framework
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm No. Absent from legal framework
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office No. Absent from legal framework
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Qualitative data for 2016


Legislation

Disclosure Act, 2008, amended 2010 (Swedish)pdf

Conflict of Interest

The Swedish Public Employment Act (1994, last amended 2015) specifies restrictions governing conflicts of interests for Ministers and Civil Servants. It refers mainly to them not pursuing additional employment, holding another office, or engaging in any activity which may damage their integrity. This would restrict Ministers and Civil Servants from owning private or public firms, and from holding managerial or advisory positions in companies. Ministers face similar requirements which are specified in the Constitution of Sweden (1974, last amended 2012). It includes a general clause on Ministers avoiding any activity which may impair public confidence in their office. Additionally, it prevents Ministers from engaging in managerial or advisory positions in public or private companies via a clause which forbids following any other employment. 

All the while, no sanctions are specified for public officials who violate any of these requirements. The Committee on the Constitution is responsible for providing guidance and supervision to Ministers, MPs, and Civil Servants. It is also charged with law enforcement for Members of Parliament. Meanwhile, no enforcement body is specified for Ministers and Civil Servants. 

(Note: The Head of State is a monarch and thus exempted from conflicts of interests laws.)


Quantitative Data

Primary Metric

201220152016Trend
Restrictions353535
Sanctions000
Monitoring and Oversight505050

Alternative Metric

201220152016Trend
Head of State333
Ministers333333
Members of Parliament474747
Civil servants303030

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is monarch. Legal provisions do not apply.
Accepting gifts No. Head of state is monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is monarch. Legal provisions do not apply.
Post-employment No. Head of state is monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position Yes. The Head of State may not at the same time be a minister, hold the office of Speaker or serve as a member of the Riksdag. (Chapter 5 Article 2 Constitution of Sweden (1974, last amended 2015) )
Participating in official decision-making processes that affect private interests No. Head of state is monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of state is monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of state is monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest Yes. A minister may not have any other employment. Neither may he or she hold any appointment or engage in any activity which might impair public confidence in him or her. (Chapter 6 Article 2 Constitution of Sweden (1974, last amended 2015) )
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. A minister may not have any other employment. (Chapter 6 Article 2 Constitution of Sweden (1974, last amended 2015) )
Ownership of state-owned enterprises (SOEs) Yes. A minister may not have any other employment. (Chapter 6 Article 2 Constitution of Sweden (1974, last amended 2015) )
Holding government contracts Yes. A minister may not have any other employment. (Chapter 6 Article 2 Constitution of Sweden (1974, last amended 2015) )
Board member, advisor, or company officer of private firm Yes. A minister may not have any other employment. (Chapter 6 Article 2 Constitution of Sweden (1974, last amended 2015) )
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Committee on the Constitution (Chapter 13 Article 1 Constitution of Sweden (1974, last amended 2015) )
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Holding government contracts Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Board member, advisor, or company officer of private firm Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Committee on the Constitution (Supplementary Provision 7.5.1 The Riksdag Act (1974, last amended 2014))
Enforcement body specified (sanctions, hearings) Yes. The Committee on the Constitution (Supplementary Provision 7.5.1 The Riksdag Act (1974, last amended 2014))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Holding government contracts Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Board member, advisor, or company officer of private firm Yes. An employee may not have any employment, or any office or engage in any activity that may undermine confidence in his or any other employee's impartiality in the work or that may damage the reputation of the authority. (Article 7 Public Employment Act (1994, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Employer tracks data for possible conflicts of interest. (Article 7 (c) Public Employment Act (1994, last amended 2015))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2016


Legislation

Constitution, 1974, amended 2015 (English)pdf
The Public Employment Act, 1994, amended 2015 (Swedish )pdf
The Riksdag Act, 1974, amended 2014 (English)pdf

Freedom of Information

The freedom of information framework in Sweden is established by its Constitution (1974), the Freedom of the Press Act (1949), and the Public Access to Information and Secrecy Act (2009, amended 2014). The FOI law (2009) applies to all decision-making assemblies and limited companies, partnerships, for-profit associations and foundations where municipalities or county councils exercise legally decisive influence.

Specific exemptions to disclosure are outlined in the aforementioned laws, and the Personal Data Act (1998). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals are presented to an administrative court of appeal. If the party whose application has been rejected is a central government authority, the appeal is presented to the Government instead of to an administrative court of appeal. Decisions of Parliament, the Government, the Supreme Court and the Supreme Administrative Court cannot be appealed.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage898989
Information access and release383838
Exceptions and Overrides505050
Sanctions for non-compliance000
Monitoring and Oversight000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information. (Article 1, Constitution of Sweden, 1974)
"Information" or "Documents" is defined Yes. Document is understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority. (Article 3 Freedom of the Press Act, 1949)
Proactive disclosure is specified No. Absent from legal framework. (General)

Coverage of public and private sectors

Executive branch Yes. The Freedom of the Press Act does not define what is meant by ‘public authority’ but is interpreted as equating all decision-making assemblies with public authorities. (Chapter 2, Article 3 and Article 5 Freedom of the Press Act, 1949)
Legislative branch Yes. The "Riksdag" (Swedish parliament) is explicitly included under the scope of FOI. (Chapter 2, Article 5 Freedom of the Press Act, 1949 Chapter 2 Article 2 Public Access to Information and Secrecy Act, 2009, amended 2015)
Judicial branch Yes. The Freedom of the Press Act does not state what is meant by ‘public institution’ but is interpreted as equating all decision-making assemblies with public authorities. As such, all judicial bodies and agencies are covered by the right to information. (Chapter 2, Article 3 and Article 5 Freedom of the Press Act, 1949)
Other public bodies Yes. For the purposes of the FOIA, a body is treated as a public authority when it deals with the kinds of public documents covered by the law. A list of bodies which are equated to public authorities - and thus subject to the FOIA - is specified. (Chapter 2 Article 4, Article 5 and Annex Public Access to Information and Secrecy Act, 2009, amended 2015)
Private sector Yes. There is no explicit mention of private bodies that perform public functions. However official government guidance on the legislation interprets the laws as applying to limited companies, partnerships, for-profit associations and foundations where municipalities or county councils exercise legally decisive influence. (Chapter 2 Article 3 Public Access to Information and Secrecy Act, 2009, amended 2015)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Draft legislation is subject to the FOIA and is available on request, subject to the exemptions that apply. (Chapter 2 Article 3 and Article 7 Freedom of the Press Act, 1949)
Enacted legal instruments Yes. Laws must be published in the Swedish Code of Statutes as soon as possible. (Article 19 Constitution of Sweden, 1974)
Annual budgets Yes. The government must submit a Budget Bill (in the autumn) and Spring Fiscal Bill (in the spring) to parliament for approval of central government budgets. Public institution budgets are subject to the FOIA and are available on request, subject to the exemptions that apply. (Chapter 9 Article 5 The Riksdag Act 2014, amended 2015 Chapter 9 Articles 1 - 5 Constitution of Sweden, 1974 Chapter 2 Article 1 and Article 2 State Budget Act 2011 Chapter 2 Article 3 and Article 7 Freedom of the Press Act, 1949)
Annual chart of accounts (actual expenditures) Yes. Central government must submit an annual report on expenditure to the Riksdag. Public institution accounts are subject to the FOIA and are available on request, subject to the exemptions that apply. (Chapter 9 Section 10 Constitution of Sweden, 1974 Chapter 10, Section 3 and Section 5 State Budget Act 2011 Section 11, Auditing of State Activities Act 2002 Chapter 2 Article 3 and Article 7 Freedom of the Press Act, 1949)
Annual reports of public entities and programs Yes. At the end of a budgetary period, the Government must submit an annual report for the State to the Riksdag. This must include actual costs against the budget and information on significant risks and losses. Public institution annual reports are subject to the FOIA and are available on request, subject to the exemptions that apply. (Chapter 9 Section 10 Constitution of Sweden, 1974 Chapter 10 Section 5 and Section 6 State Budget Act 2011 Section 11, Auditing of State Activities Act 2002 Chapter 2 Article 3 and Article 7 Freedom of the Press Act, 1949)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The law expressly provides a right of access to official documents to every Swedish citizen. It also states that an official document to which the public has access shall be made available to any person wishing to examine it. (Chapter 2, Article 1 and Article 12 Freedom of the Press Act, 1949)
Type of request is specified (written, electronic, oral) No. The law does not state explicitly the format in which information requests should be made. The law simply states that an "official document to which the public has access shall be made available on request". (Chapter 2, Article 12 Freedom of the Press Act, 1949)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. Public authorities must provide information, guidance, advice and similar assistance to all persons concerning matters falling within the scope of its functions (Section 4, Administrative Procedure Act, 1986)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Access to a document is free. Copies can be taken for a fixed fee; the law does not specify who sets the fee or place any maximum limit upon the fee. (Chapter 2, Article 13 Freedom of the Press Act, 1949)

Deadlines for release of information

20-day response deadline No. A request to obtain an official document must be considered speedily by the authority. No time frames are specified. (Chapter 2, Article 12 Freedom of the Press Act, 1949)
Agency granted right to extend response time No. One reason for a delay in the provision of an official document may be that the authority must consider whether the information contained in the document is secret under the law. No extension time is explicitly mentioned. (Chapter 6 Article 3 Public Access to Information and Secrecy Act, 2009, amended 2014)
Maximum total response time of no more than 40 days No. No time frames are specified in the law. (General)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. The Public Access to Information and Secrecy Act, 2009, amended 2014 governs all secrecy in public activities aside from when courts can hold closed hearings. (Chapter 1 Article 1 Public Access to Information and Secrecy Act, 2009, amended 2015)
Existence of personal privacy/data law Yes. The Constitution states that public institutions shall promote the ideals of democracy as guidelines in all sectors of society and protect the private and family lives of the individual and also protects everyone against invasions of privacy by public institutions. The 1998 Personal Data Act applies to automatic processing of personal data by public or private entities. It is supplemented by a variety of other laws in specific areas. (Chapter 1 Article 2 and Chapter 2 Article 6 Constitution of Sweden, 1974 Personal Data Act 1998)
Specific exemptions to disclosure Yes. Access to official documents may be restricted only if restriction is necessary to protect national security, international relations; national fiscal policy, the inspection, control or other supervisory activities of a public authority; crime prevention or prosecution; economic interests of the public institution; protection of the personal or economic circumstances of individuals; preservation of animal or plant species. Personal information may only be disclosed to a third party under specified circumstances. Preparatory documents for Riksdag committees, auditors of local authorities, official commissions of inquiry or local authorities and preliminary outlines or drafts of a public authority cannot be disclosed. (Chapter 2 Article 2, Article 3, Article 7, Article 9 Freedom of Press Act, 1949 Part IV (Chapters 15 to 20) and Part V Public Access to Information and Secrecy Act, 2009, amended 2015 Section 10 Personal Data Act 1998 )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. If the individual official who receives the request for information refuses access, the applicant can ask someone else in the authority to assess the application. There is however no internal appeal against the decision of that authority. (Chapter 6 Article 3 Public Access to Information and Secrecy Act, 2009, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The Ombudsman is only mentioned in terms of his/her involvement in appeals processes but decisions are non-binding. (General)
Judicial appeals mechanism Yes. Appeals are usually presented to an administrative court of appeal. A decision of such a court may be appealed against to the Supreme Administrative Court. If the party whose application has been rejected is a central government authority, the appeal is presented to the Government instead of to an administrative court of appeal. Decisions of Parliament, the Government, the Supreme Court and the Supreme Administrative Court cannot be appealed. (Chapter 2, Article 15 Freedom of the Press Act, 1949 Chapter 6 Article 7 and Article 8 Public Access to Information and Secrecy Act, 2009, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework. (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework. (General)
Public body that is responsible for applying sanctions No. Absent from legal framework. (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework. (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework. (General)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework. (General)
Reporting of data and/or implementation is required No. Absent from legal framework. (General)

Qualitative data for 2016


Legislation

Constitution of Sweden, 1974 (English)pdf
Freedom of the Press Ordinance 1949 (Swedish)pdf
Public Access to Information and Secrecy Act, 2009, amended 2015 (Swedish)pdf
The Riksdag Act, 2014, amended 2015 (Swedish)pdf
Budget Act, 2011, amended 2014 (English)pdf
Auditing of State Activities Act, 2002, amended 2010 (Swedish)pdf
Administrative Procedure Act, 1986, amended 2014 (Swedish)pdf
Personal Data Act, 1998, amended 2010 (Swedish)pdf

Public Procurement

The Swedish public procurement system is regulated by the Public Procurement Act (2007) and Utilities Act (2007) and other legislations – e.g. Public Access to Information and Secrecy Act (2009) – also include specific rules related to government tendering. The public procurement body is the National Agency for Public Procurement, which is an independent organization.

The lowest minimum thresholds for conducting a public procurement tender are:

SEK 100000 (ca. EUR 10700) for goods, works and services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 40 days for restricted procedures and 37 for negotiated procedures from dispatch date. The final beneficial owners have to be disclosed when placing a bid.

There is no preferential treatment for SMEs or domestic companies, but sustainability factors can be considered during the awarding process. There are several options for bid exclusion: conviction for participation in criminal organization, corruption, fraud, money laundering, bankruptcy, judgment for professional practice, guilty of professional misconduct, outstanding tax or social security liabilities, failure to provide information or providing false information. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is no arbitration procedure, as each case goes to the Administrative Court located in the contracting authority’s district.


Quantitative Data

Primary Metric

201220152016Trend
Scope9090
Information availability8383
Evaluation5050
Open competition6767
Institutional arrangements5050

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) SEK 100000. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) SEK 100000. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) SEK 100000. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) SEK 505800. EUR 134,000 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) SEK 939342. EUR 414,000 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) SEK 939342. EUR 414,000 (Act on Defence Public Procurement (2011: 1029), amended 2014, Chapter 3, art. 1)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) SEK 505800. EUR 134,000 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What are the minimum application thresholds for the procurement type? (Product type WORKS) SEK 505800. EUR 5,186,000 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) SEK 505800. EUR 134,000 (Act on Public Procurement, 2007, amended 2014, Chapter 3, art. 1, referred to EU Directives)

Information availability

Publishing and record keeping

Which are the documents which are published in full? components of tender, limits on values of components of tender, information made available to all tenderers, relevant information concerning e-auction process, conditions under which tenderers are able to bid, relevant info on e-equipment used . 0 (Act on Public Procurement, 2007, amended 2014, Chapter 5, art. 4)
Are any of these documents published online at a central place? yes. national e-register (Act on Public Procurement, 2007, amended 2014, Chapter 15, art. 4)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. at least, four years from the date when the contract was awarded (Act on Public Procurement, 2007, amended 2014, Chapter 9, art. 13)
Are contracts awarded within a framework agreement published? yes. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 7, arts. 1, 3)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? yes. full disclosure possible (Act on Public Procurement, 2007, amended 2014, Chapter 6, art. 11)
If yes, above what proportion of subcontracted value is it mandatory? CA may ask for any given value (Act on Public Procurement, 2007, amended 2014, Chapter 6, art. 11)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? no. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 6, art. 4)
Are there restrictions on allowable grounds for tenderer exclusion? yes. sentenced for participation in criminal organisation, corruption, fraud, money laundering, bankrupt, judgment for professional practice, guilty of professional misconduct, outstanding tax or social security obligations, failure to provide info or incorrect information required (Act on Public Procurement, 2007, amended 2014, Chapter 10, arts. 1-2)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. 0
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 1, art. 9)
Is there a specific set of rules for green/sustainable procurement? yes. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 1, art. 9a)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low price (Act on Public Procurement, 2007, amended 2014, Chapter 12, art. 3)

Bid evaluation

Is scoring criteria published and explicit? yes. lowest price or MEAT specifying weighting (Act on Public Procurement, 2007, amended 2014, Chapter 12, art. 2)
Can evaluation decision be made by a single person (as opposed to a committee)? Not specified.
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0
If yes, what is banned? dominant influence. if a CA directly or indirectly, in relation to an undertaking, holds more than half of the interests in the undertaking or controls a majority of the votes owing to shareholding or the like or can appoint more than half of the members of the board of the undertaking or corresponding management body (Act on Public Procurement, 2007, amended 2014, Chapter 2, art. 2.II)
Is some part of evaluation comitee mandatorily independent of contracting authority? no. 0
Are scoring results recorded and publicly available? no. 0
Under which conditions can the tender be cancelled? Not specified. 0

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) TED if applicable, national e-database and buyer's profile. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 15, art. 4)
Where should the call for tenders be published? (Procedure type: RESTRICTED) TED if applicable, national e-database and buyer's profile. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 15, art. 4)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) TED if applicable, national e-database and buyer's profile. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 15, art. 4)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. (Act on Public Procurement, 2007, amended 2014, Chapter 11, art. 4)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. negotiated with prior notice (Act on Public Procurement, 2007, amended 2014, Chapter 11, art. 4)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Act on Public Procurement, 2007, amended 2014, Chapter 11, art. 4)

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 8, art. 2)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 8, art. 3)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 8, art. 3)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? provide or exploit public telecommunications networks or provide services to public, those unedr international agreements, award procedures on military personnel, award procedures agreed in an international organisation, acquisition or rental of land, broadcasting, arbitration or conciliation services, financial services, employment, research and development, operations related to management of public debt or services from a Central Bank. (Act on Public Procurement, 2007, amended 2014, Chapter 1, arts. 4 to 6)
What are the main types of institutions which have to apply the public procurement law? CA that is governmental or local authority, decision-making assembly at a municipality or county council, association formed by one or more such authorities or assemblies. (Act on Public Procurement, 2007, amended 2014, Chapter 2, art. 10a)
What are the main procedure types or procurement methods permitted by law? open, restricted, negotiated and competitive dialogue. (Act on Public Procurement, 2007, amended 2014, Chapter 4, art. 1)
Is there a procurement arbitration court dedicated to public procurement cases? no. no arbitration. straight to Administrative Court in whose judicial district the CA is based (Act on Public Procurement, 2007, amended 2014, Chapter 16, art. 2)
Is there a procurement regulatory body dedicated to public procurement? yes. Swedish Competition Authority in National Agency for Public Procurement. Since 1 September 2015, PP support transferred to National Agency for Public Procurement (Konkurrensverket announcements)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0
Is disclosure of final, beneficial owners required for placing a bid? yes. 0 (Act on Public Procurement, 2007, amended 2014, Chapter 1, art. 10, 11)

Complaints

Is there a fee for arbitration procedure? no arbitration. straight to Administrative Court in whose judicial district the CA is based (Act on Public Procurement, 2007, amended 2014, Chapter 16, art. 2)
If yes, how much Not applicable. 0
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. if standstill period does not apply (Act on Public Procurement, 2007, amended 2014, Chapter 16, art. 4)
What is the maximum number of days until arbitration court decision from filing a complaint? 2-6 months. 2-6 months in first instance 12-18 if appealed
Are arbitration court decisions required to be publicly released? 0

Qualitative data for 2016


Legislation

Act on Public Procurement, 2007, amended 2014 (Swedish)pdf
Act on Defence Public Procurement (2011: 1029), amended 2014 (Swedish)pdf