EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 5 March 2003
at the request of the Swedish Parliament on a draft law amending the Riksdag Act
(CON/2003/3)
1. On 7 February 2003, the European Central Bank received a request from the Swedish Parliament
for an opinion on a draft law to reform the Riksdag Act ( riksdagsordningen , RO), including some
amendments to the Sveriges Riksbank Act ( lag (1988:1385) om Sveriges riksbank ) (the legislative
proposal).
2. The ECBs competence to deliver an opinion is based on Article 105(4) of the Treaty establishing
the European Communities and the third indent of Article 2(1) of Council Decision 98/415/EC of29 June 1998 on the consultation of the European Central Bank by national authorities regardingdraft legislative provisions
1 as the draft legislative proposal relates to Sveriges Riksbank. In
accordance with the first sentence of Article 17.5 of the Rules of Procedure of the EuropeanCentral Bank, the Governing Council of the ECB has adopted this opinion.
3. Although the legislative proposal relates to the Riksdag Act, a central component in the Swedish
legal system dealing with the functions of the Swedish Parliament and parliamentary committeesand bodies, it is only of limited relevance to the ECB. The ECB is interested in the proposedamendments regarding the General Council of Sveriges Riksbank ( riksbanksfullmäktige ) and the
Riksbanks Executive Board ( riksbankens direktion ) and certain amendments to the Sveriges
Riksbank Act.
4. These proposed amendments include inserting provisions concerning the eligibility requirements
for General Council members into the Riksdag Act (supplementary rule 8.6.1), in addition to theidentical rules on this topic already existing in the Riksbank Act (Chapter 2, Article 1). They alsoinsert into the Riksdag Act (supplementary rule 8.6.1) and the Riksbank Act (Chapter 2, Article 1)a specification related to the dismissal of members of the Riksbanks General Council. Under thepresent rules contained in the Riksbank Act (Cha pter 2, Article 1), the Parliament dismisses any
member of the General Council who has taken up employment or an assignment incompatible withtheir position as member of the General Council. According to the legislative proposal, these rules
will be repeated in supplementary rule 8.6.1 in the Riksdag Act and supplemented by provisions
                                                
1OJ L 189, 3.7.1998, p. 42.
2specifying which parliamentary body will propose such a dismissal to the Parliament. The
Parliaments Standing Committee on Finance ( finansutskottet ) will have this task under the
amended Riksdag Act and Riksbank Act. Moreover, the legislative proposal maintains the existingrights for the Riksbanks General Council and Executive Board, respectively, to propose legislationwithin their respective fields of competence an d adds a cross-reference in this regard in the
Riksbank Act (Chapter 4, Article 1) to the Riksdag Act (supplementary rule 3.8.3).
5. The ECB restricts itself to commenting on the above-mentioned proposed amendments, which
seem to be primarily of a legal technical nature. The specification that the Parliaments StandingCommittee on Finance will be responsible for proposing the dismissal of a member of the GeneralCouncil appears appropriate. Moreover, the ECB appreciates that the possibility for the RiksbanksGeneral Council and Executive Board, respectively, to propose legislation within their respectivefields of competence will be maintained according to the legislative proposal. It may also be notedthat the General Council of the Riksbank is not a decision-making body which, in the event ofSweden adopting the euro, would be involved in the decision-making on ESCB-related matters
2.
The Executive Board, on the other hand, is a decision-making body covered by the requirementsfor central bank independence. The legislative proposal does not change the status of the ExecutiveBoard or that of its members. In view of thes e considerations, the ECB has no objection to the
proposed amendments.
6. The ECB confirms that it has no objection to the competent national authorities making this
opinion publicly available at their discretion. This  opinion will be published on the ECBs website
six months after the date of its adoption.
Done at Frankfurt am Main on 5 March 2003.
The President of the ECB
[signed]
Willem F. DUISENBERG
                                                
2European System of Central Banks.