Background & Purpose

This change aims to ensure that Swedish courts have the best possible guidance on human rights issues, especially in complex cases, by allowing them to consult an international expert body.

Proposals & Debate

The Swedish government proposed approving an additional agreement (protocol) to the European Convention on Human Rights and making two related changes to Swedish law. This would allow Sweden's highest courts to ask the European Court of Human Rights for advisory opinions on how to interpret the Convention.

The Decision

The Swedish Parliament approved the government's proposal, meaning Sweden's highest courts can now officially request advisory opinions from the European Court of Human Rights. This decision also includes approving the additional protocol and making the necessary legal adjustments in Sweden.

Does this affect you?

  • Swedish Courts: They gain a new tool to get expert advice on human rights, helping them make more informed decisions.
  • Individuals in Legal Cases: Their cases, especially those involving human rights, will benefit from clearer and more consistent application of the European Convention.
  • Legal Professionals: Lawyers and judges will need to understand this new process for seeking and using advisory opinions.

In Practice

  • Sweden's Supreme Court can ask for advice on human rights questions.
  • The Supreme Administrative Court can also seek guidance on complex cases.
  • Specialized courts like the Labour Court and Migration Court of Appeal can get expert opinions.
  • The Svea Court of Appeal can request advice specifically for rental disputes.
  • This new process helps ensure that Swedish court decisions align with European human rights standards.