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Posts published in “Year: 2010

Reform of the Judiciary in Sweden – The Procedure for Selection and Appointment of Judges

The following text will provide an insight into a draft law on the selection of judges,[1] which is a part of the ongoing reform of the Swedish judiciary seeking to make it more transparent, make judicial offices open to a wider array of qualified persons and highlighting the role played by the judiciary in the constitutional system.

1.         De Lege Lata – On the Procedure for the Selection and Appointment of Judges 

The fundamental provisions regulating the appointment to judicial office are laid down in the Instrument of Government (Regeringsformen; hereinafter IG).[2] According to 11:9 IG ‘[a]ppointments to posts at courts of law […] are made by the Government or by a public authority designated by the Government.’ The possibility to delegate the authority to make appointments has never been used, but could e.g. be entrusted in the National Courts Administration, the judicial council in Sweden (Domstolsverket; ‘Judicial Council’). The council is responsible for the management of the judiciary, including equipment and staffing levels, and oversees the need for development of the court organization. From an organizational viewpoint the Judicial Council is a Government authority, thus it may (and does) receive instructions from the Government.[3]