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)
Date: 2003-03-05
Institutions: European Central Bank
Subjects: Sweden, board of directors, central bank, dismissal, national law

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 of

29 June 1998 on the consultation of the European Central Bank by national authorities regarding
draft  legislative  provisions1  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  European

Central 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 committees

and  bodies,  it  is  only  of  limited  relevance  to  the  ECB.  The  ECB  is  interested  in  the  proposed

amendments  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 the

identical rules on this topic already existing in the Riksbank Act (Chapter 2, Article 1). They also

insert 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 the

present rules contained  in  the  Riksbank  Act (Chapter  2,  Article  1), the  Parliament  dismisses  any

member of the General Council who has taken up employment or an assignment incompatible with

their 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

1

OJ L 189, 3.7.1998, p. 42.

                                                
specifying  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 existing

rights for the Riksbank’s General Council and Executive Board, respectively, to propose legislation

within  their  respective  fields  of  competence  and  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 Standing

Committee on Finance will be responsible for proposing the dismissal of a member of the General

Council appears appropriate. Moreover, the ECB appreciates that the possibility for the Riksbank’s

General Council and Executive Board, respectively, to propose legislation within their respective

fields of competence will be maintained according to the legislative proposal. It may also be noted

that  the  General  Council  of  the  Riksbank  is  not  a  decision-making  body  which,  in  the  event  of
Sweden  adopting  the euro,  would be  involved  in  the  decision-making  on  ESCB-related  matters2.

The Executive Board, on the other hand, is a decision-making body covered by the requirements

for central bank independence. The legislative proposal does not change the status of the Executive

Board  or  that  of  its  members.  In  view  of  these  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

2

European System of Central Banks.

2