Council on Legislation (Sweden)

The Council on Legislation (Lagrådet) is an independent governmental body in Sweden whose primary function is to review draft legislation before it is submitted to the Riksdag (Swedish Parliament) for a vote. Its purpose is to ensure that proposed laws are constitutionally sound, legally consistent, and in accordance with established legal principles.

The Council is composed of experienced and highly qualified judges, primarily justices from the Supreme Court (Högsta domstolen) and the Supreme Administrative Court (Högsta förvaltningsdomstolen). They serve as members of the Council while still holding their judicial positions.

The Council's opinion, known as a "lagrådsremiss", is advisory. While the Riksdag is not legally bound to follow the Council's recommendations, its opinions carry significant weight and are often considered to be definitive legal interpretations. It is rare for the Riksdag to enact legislation that goes against the Council's advice without careful consideration and strong justification.

The process typically involves the government submitting a draft bill to the Council for review. The Council then assesses the bill, taking into account its compatibility with the constitution (primarily the Instrument of Government), existing laws, and general principles of law. It examines aspects such as potential conflicts with fundamental rights, clarity of language, and the overall legal coherence of the proposal. The Council then issues a written opinion, which includes its recommendations and reasoning. The government is then required to consider the Council's opinion before presenting the bill to the Riksdag. The opinion and the government's response are made public as part of the legislative process.