Den kommunala självstyrelsen i regeringsformen

Sammanfattning: Chapter 1 art. 1 of the Instrument of Government declares that Swedish democracy is realised through a representative and parliamentary form of government and through local self-government. However, the term “local self-government” is vague and thus allows for differing interpretations. The initial purpose of this essay, therefore, is to explain the meaning it is given in the preparatory work and legal literature. Thereafter the constitutional protection of the local self-government and how it could be strengthened is investigated. The principle of local self-government concerns the relationship between the state and the municipalities and declares that the municipalities shall govern themselves. The municipalities manage all their matters on the foundation of this principle (chapter 14 art. 2) and may also levy tax (chapter 14 art. 4). However, the Instrument of Government does not specify what matters the municipalities are responsible for; this is decided by the Riksdag. Since municipal obligations can be issued in law (chapter 8 art. 2), the Riksdag also determines the impact the principle of local self-government shall have in a specific municipal domain. According to the preparatory work of the Instrument of Government the municipalities are entitled to a domain within which they can freely decide what matters to pursue, but the boundaries of this domain are not guaranteed. The Riksdag may also restrict the height of local taxes, since the principles governing local taxation are determined in law (chapter 8 art. 2). Whether there are any constitutional limits to the Riksdag’s right to restrict local self-government was discussed at the turn of the millennium, not least because the government didn’t comply with the decisions of the Council of Legislation which found some of the bills unconstitutional. The Riksdag later passed the laws. The Constitutional Committee of the Riksdag claims that local self-government has substantial constitutional protection, but a study of legal literature and constitutional convention leads to the opposite conclusion. This conclusion is probably correct even after the latest reform of the constitution. In the essay two methods to strengthen the constitutional protection of local self-government are described. The first method delineates which tasks should be governed by the municipalities and which should be governed by the state. The second method creates a formal procedure for counsel between the municipalities and the state.