Poland, Hungary, the united states: in a number of western democracies is the independence of the judiciary in the sway because of political intervention, or heated rhetoric from politicians that don’t realise where the limits are.
Sweden is not immune to such a development, and the protection of our courts, the independent also has several weak points. There will be a significant resource shortages that jeopardise the rule of law, quality and effectiveness of the judiciary.
Concrete involves both increased resources and reforms to strengthen the independence of the judiciary.
We are increasing the allocation to the Swedish Courts, with 130 million sek. The prosecutor’s office added 75 million.
The red and green forgot the courts
The bortröstade S/MP-the government made some, albeit modest, strengthening of the police and the prosecuting authorities. But the courts forgotten, or gave priority to all the cases down. This in a location with more and more complex cases and increased pressure on the whole judiciary. This trend needs to be reversed.
the Conservatives will be in our budget to increase the appropriation to the Swedish Courts, with 130 million already for 2019. The prosecutor’s office added 75 million. It is important steps to strengthen the entire judicial system.
In the long term, we should also consider how the allocation of resources to the courts may be more long-term and predictable.
the Courts have weak protection in the constitution
the independence of the Judiciary also need to be strengthened in several respects. Through the reform of the constitution which took place in 2010 was strengthened, although the courts ‘ position and role. But important step for an independent and strong judiciary remains. The constitutional protection of the courts in Sweden is by tradition weak.
It is why, for example, the Conservatives want to see a new grundlagsutredning during the coming term of office. Such an investigation should have a wide remit and look at how the individual’s rights vis-à-vis the state can be strengthened, if there should be higher requirements than today to be able to change our constitutions, and if The role should be strengthened.
the Conservatives would therefore like to see the following reforms:
setting up a Swedish domstolsråd. In 20 of the 28 EU countries, chaired the central administration of the courts of a from the government and parliament independent advice, as to a majority consisting of judges. Such independent advice should be established also in Sweden, and take over key responsibilities from The national courts administration, which reports directly to the government.
the Riksdag’s and the government’s power as regards the supervision of the courts should be limited. Both the parliamentary Ombudsman, the parliamentary ombudsman and the Chancellor of justice, which is an authority under the government, has today supervision of the courts. This supervision should be taken over by the domstolsråd we wish to establish.
the Question of dismissal with more of the judges should not, as in the day, lay under the State ansvarsnämnd, which is under the government. Also such decision should be taken by the judicial council, in order to strengthen the independence against the government.
The highest the independence of the judiciary should be strengthened. This through to issues such as the number of judges and the judges ‘ lowest retirement age in our highest authorities are laid down in the constitution.
With increased resources and a stronger independence of the Swedish judiciary both get more done with higher quality, and improve the rule of law for all citizens in Sweden.
the Secretary (M)