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LEANDER v. SWEDEN JUGDMENT
However, section 7 of the same Chapter provides: "No public authority," including the Government - "nor the Parliament, nor the decision-making
body of a municipality may determine how an administrative authority" including the Chancellor of Justice - "shall make its decision in a particular
case concerning the exercise of public authority against a private subject or
against a municipality, or concerning the application of law."
The Chancellor of Justice has the right to attend all deliberations held by
courts and administrative authorities, although without expressing his
opinion. He is also entitled to have access to all files or other documents
kept by the authorities.
All public authorities as well as their employees must provide the
Chancellor of Justice with such information and reports as he may request
(see also paragraph 41 below).
In his supervisory capacity, he may institute criminal proceedings against
public servants or he may report them with a view to disciplinary
proceedings.
The Chancellor may, in agreement with the Parliamentary Ombudsman,
transfer to him cases involving individual complaints, and vice versa. Thus,
identical complaints will in practice be considered by either the Chancellor
or the Ombudsman, but not by both.
37.
The National Police Board, being a public authority, and its
activities, including personnel control, fall under the Chancellor of Justice’s
supervision.
The Chancellor of Justice visits the Board and its Security Department
regularly, generally once a year. In addition, visits take place if special
reasons so warrant. A complaint from an individual may constitute such a
special reason. His visits are always recorded and the minutes are drafted in
such a way that they may be made public. If secret material has to be
recorded, the secret passages in the minutes will not be made public. The
Government have submitted a copy of the minutes of an inspection visit of 6
December 1983, from which it appears that the Chancellor of Justice
together with two officials of the Chancellery inspected the premises of the
Security Department and discussed, inter alia, questions concerning
personnel control. Nothing emerged from the visit which called for special
mention.
The Chancellor of Justice has no power to alter a decision by the Board
or the Security Department, nor can he interfere with their decision-making
in general, although he is free to make statements about actions that he
deems to be contrary to law or inappropriate.
Since opinions expressed by the Chancellor in relation to an inspection of
the personnel control procedure are not legally binding, it might perhaps be
doubted whether they fall within the sphere where the Chancellor is
guaranteed independence by virtue of Chapter 11, section 7, of the
Constitution (see paragraph 36 above). In view of Swedish legal tradition, it