Som du tar upp - de legala förutsättningarna för en lockdownskiljer sig i Svrige från andra länder
https://voxeu.org/article/sweden-s-constitution-decides-its-exceptional-covid-19-policy
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Lars Jonung 18 June 2020
The Swedish policy response to Covid-19 is exceptional by international comparison. This column explains how the approach is decided by three articles in the Swedish constitution. The first guarantees the freedom of movement for Swedish citizens, ruling out nationwide lockdowns. The second establishes unique independence for public agencies, allowing them to design the policy response to the pandemic. The third grants exceptional powers to local government. In addition, the Swedish approach is fostered by strong trust in the government."
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The Swedish government is not allowed to declare a state of emergency in peacetime. Thus, the main factor behind Swedish exceptionalism during the present pandemic is that the Swedish constitution prohibits the use of lockdowns as seen from Chapter 2, Article 8 in the Swedish constitution (
Regeringsformen).
Everyone shall be protected in their relations with the public institutions against deprivations of personal liberty. All Swedish citizens shall also in other respects be guaranteed freedom of movement within the Realm and freedom to depart the Realm.4
The above paragraph thus guarantees full freedom of movement for Swedish citizens within Sweden and across the Swedish border under peacetime conditions. The paragraph is not absolute. There are exceptions for example for prisoners and conscripts for military service, as stated in Chapter 2, Article 20-21 in Regeringsformen. Local restrictions on the movement of people can be adopted for health reasons. However, there is no exception for a contingency like a pandemic. Thus, these rules cannot be adopted for a full nationwide lockdown similar to those put in place in other countries."
"Public agencies are independent from the government in their daily business according to the constitution. The tradition goes far back in history. A first step was taken in the Regeringsform of 1634 designing the structure of public agencies after the death of King Gustavus Adolphus II in the Thirty Years War while Crown Princess Christina was coming of age. A second step was the Regeringsform of 1720, following the death of Charles XII, restricting the power of the King and establishing independent public agencies.
Today, the Swedish system is based on administrative dualism, where the public agencies are set up outside the ministries of the central government. As stated by Nergelius (2018: 300), the independence of public agencies from the government “is unusual or even unique in an international perspective”.
As explained in the English introduction to the Regeringsform, the government
has no powers to intervene in an agency's decisions in specific matters relating to the application of the law or the due exercise of its authority. In many other countries, it is common for an individual minister to have the power to intervene directly through a decision in an agency's day-to-day operations. This possibility does not exist in Sweden, however. Collective Government decision-making and the ban on instructing agencies on individual matters are expressions of the prohibition of 'ministerial rule', as it is often called.5
This approach reflects the wording of the constitution in Chapter 12, Article 2 of the Regeringsform:
Independence of administration
No public authority, including the Riksdag, or decision-making body of any local authority, may determine how an administrative authority shall decide in a particular case relating to the exercise of public authority vis-à-vis an individual or a local authority, or relating to the application of law.6
The constitution thus prevents interference by ministers of government in affairs that are assigned to various public authorities. Public agencies are given a status to some extent similar to the independence of the courts and of the Riksbank, the Swedish central bank. Still, the government appoints the heads of public agencies, determines their budgets and the legislation relevant for their tasks.
The Public Health Agency of Sweden (Folkhälsomyndigheten) is such a public authority, now in charge of framing and designing the policy response to the pandemic. It is run by experts in epidemiology, not by political appointees. The collaborative work of health economists and epidemiologists at the Swedish Public Health Agency has produced a response that considers the overall impact of its measures and recommendations.
To sum up, the constitution insulates the public authorities from direct political meddling to a much greater degree than in any other democracy, allowing experts to design the policy response. Although the government is not formally bound to follow the recommendations of public agencies, by tradition this is the case."
"In addition, the Swedish constitution gives a strong role to local self-government. This tradition goes back to the late Middle Ages. The autonomy of the local authorities is anchored in Chapter 14 in Regeringsformen on local authorities.7
Art. 2. The local authorities are responsible for local and regional matters of public interest on the principle of local self-government.
Self-government through the municipalities at the local level and the regions at the regional level actually covers the major share of the large Swedish public sector, including the healthcare sector and the care of the elderly. Thus, the power of the central government in these health-related areas is limited by the independence of the local authorities. This decentralised structure of 290 municipalities and 21 regions contributes to the exceptional Swedish response to the pandemic."
"The Swedish strategy in dealing with Covid-19 – commonly described as liberal, lax, less stringent or permissive – stands out as an exception in an international context. It is essentially based on advice and recommendations concerning individual behaviour, not on binding compulsory measures such as lockdowns. The main reason for this exceptionalism is the design of the Swedish constitution, reflecting a trajectory going far back in Swedish history. The constitution mirrors the norms held by the public concerning freedom and the power of central government as well. Commonly, the international attention given to Sweden does not pay attention to these roots. Most Swedes are not aware of them either. They listen to the advice and recommendations of the Public Health Agency and other government authorities and adjust according to their free choice"
