LEANDER v. SWEDEN JUGDMENT
13
is however inconceivable that the Government would endeavour to use their
powers under Chapter 11, section 6, of the Constitution so as to give the
Chancellor instructions as to, for example, the opinion he should give in a
matter concerning the application of the Personnel Control Ordinance, or
generally to prohibit him from monitoring the activities of the National
Police Board; no such instructions exist and none has ever been given.
3. Parliamentary Ombudsman
38. The functions and powers of the Parliamentary Ombudsmen, an
institution that dates back to 1809, are laid down in particular in Chapter 12,
section 6, of the Constitution, and in the Act of Instruction to the
Parliamentary Ombudsmen (lag 1975:1057 med instruktion för
justitieombudsmännen).
The four holders of the office of Parliamentary Ombudsman are elected
by Parliament. Their main task is to supervise the application, within the
public administration, of laws and other regulations.
It is the particular duty of an Ombudsman to ensure that courts of law
and administrative authorities observe the provisions of the Constitution
regarding objectivity and impartiality and that the fundamental rights and
freedoms of citizens are not encroached upon in the processes of public
administration.
If, while performing his supervisory duties, an Ombudsman should find
cause to raise the question of amending legislation or of any other measure
the State should take, he may present a statement on the subject to the
Parliament or the Government.
An Ombudsman exercises supervision either on complaint from
individuals or by carrying out inspections and other investigations he deems
necessary.
The examination of a matter is concluded by a report in which the
Ombudsman states his opinion on whether the measure contravenes the law
or is inappropriate in any other respect. The Ombudsman may also make
pronouncements aimed at promoting uniform and proper application of the
law.
The Ombudsman’s reports are considered to be expressions of his
personal opinion. Whether or not his statements will have any practical
effects depends on his ability to convince the decision-maker or authority in
question. Those concerned often, but by no means always, abide by the
Ombudsman’s opinion (see Gustaf Petrén/Hans Ragnemalm, Sveriges
Grundlagar, Stockholm 1980, p. 327).
An Ombudsman may institute a criminal prosecution or disciplinary
proceedings against an official who has committed an offence by departing
from the obligations incumbent upon him in his official duties.
An Ombudsman may be present at the deliberations of a court or an
administrative authority and shall have access to the minutes and other