The Ministry of Justice

Transcription

1 The Ministry of Justice

2 This brochure can be downloaded as a pdf file from government.se. You can order additional copies free of charge via the website or by sending an to ju.info.order@gov.se. Produced by the Ministry of Justice Photo ministers: Kristian Pohl/Government Offices Photo cover: Bill Nilsson/Government Offices Printed by Elanders 2017

3 The Ministry of Justice The Ministry of Justice was formed in Today, the Ministry of Justice and the other ministries are part of the Government Offices. The Ministry of Justice s areas of responsibility include the judicial system, the Constitution of Sweden, civil and criminal law, procedural and administrative law, criminal law cases, clemency cases, migration issues and civil contingencies planning. A large part of the Ministry s work takes place within the framework of EU cooperation and in international organisations such as the UN, the Council of Europe and the Nordic Council. The Ministry of Justice is responsible for a number of government-appointed inquiries tasked with analysing and clarifying various issues. These inquiries act as independent agencies according to the terms of reference and guidelines that the Government has set for them.

4 Policies Sweden must be a secure country in which to live. The objective of criminal policy is to reduce crime and increase people s security. The aim of the judicial system is to ensure due process and legal security for individuals. Due process means that the administration of justice and other exercise of public authority must be predictable and consistent, and must be conducted to a high standard. Legal security means that private individuals both natural and legal persons must be protected from criminal attacks on life, health, freedom, integrity and property. Private individuals and companies must enjoy good conditions to function in society. The legal regulations must balance diferent interests. They must promote investments, trade and employment. It is particularly important to provide incentives for research and development. In the area of family law, the best interests of the child must be the guiding principle. Sweden must have a humane and legally secure asylum policy. The objective of migration policy is to ensure a migration policy that is sustainable in the long term, safeguards the right of asylum and, within the framework of managed immigration, facilitates mobility across borders, promotes needs-based labour migration, harnesses and takes into account the efects of migration on development and deepens European and international cooperation. Sweden must have a good ability to withstand and handle crisis situations and times of heightened alert. The objectives of civil contingencies planning are to reduce the risk of accidents and crises that threaten our security; and safeguard people s life and health and fundamental values such as democracy, rule of law and human rights by maintaining vital public activities and preventing or limiting damage to property and the environment when accidents and crisis situations occur. Contingencies planning is also to help reduce su fering and damaging efects caused by serious accidents and disasters in other countries. Contin gen cies planning is also a basic prerequisite for work on civil defence.

5 Leadership Minister for Justice and Home Afairs Morgan Johansson is head of the Ministry of Justice. His areas of responsibility include the Constitution of Sweden, police service, public prosecution authority and the judiciary, prison and probation services, public order and safety, criminal law, procedural law, crime prevention issues, crime victim issues, international judicial cooperation, civil contingencies planning and accident protection, Government Offices crisis management, dam security, military equipment and export control issues. Minister for Migration and Deputy Minister for Justice Heléne Fritzon is Minis ter at the Ministry of Justice. Her areas of respon sibility include migration and asylum, citizenship issues and civil law. In addition to the two ministers, the political leadership consists of the ministers staf. There are three State Secretaries who lead the work immediately under ministerial level. The political staf also include the Press Secretaries and Political Advisers. The Ministry of Justice s non-political leadership includes the Director-General for Administrative Afairs, three Directors-General for Legal Afairs, the Director of Planning, the Head of Crisis Management, the Director-General for International Afairs, the Administrative Director, the Head of Human Resources and the Head of Communications. Morgan Johansson Minister for Justice and Home Affairs Heléne Fritzon Minister for Migration and Deputy Minister for Justice

6 Organisation and activities Approximately 400 people work at 19 divisions at the Ministry of Justice. Many of them are lawyers, but there are also those with degrees in social science and economics at the Ministry. Just under four per cent of the employees are politically appointed. All the others are non-political officials who remain in their posts even in the event of a change of government or minister. The average age of Ministry staf is around 42 and some 62 per cent of the employees are women. The judicial system The Ministry of Justice is responsible for management of the judicial system and for ensuring that the agen cies under it are equipped to fulfil the demands that the Government makes on their activities. The Ministry is also responsible for procedural law and criminal law. Crime prevention and law enforcement issues have high priority. Further, the Ministry is responsible for coordinating and developing a digital information exchange in the judicial system. The judicial system includes the police service, public prosecution service, courts and prison and probation services. The judicial system is responsible for preventing and investigating crime, prosecuting crime suspects and enforcing sentences. Several agencies in the judicial system have an important task providing support and information to crime victims. The courts also adjudicate in disputes between individuals, and between individuals and public authorities. A properly functioning judicial system is one of the mainstays of society and is of crucial importance for Sweden to be a secure place in which to live. International cooperation is an increasingly important part of the fight against crime. The Ministry receives, examines and forwards requests to and from Sweden in matters concerning judicial cooperation in criminal matters, such as extradition for criminal ofences and legal assistance in criminal cases. The Ministry of Justice also handles cases concerning clemency and reversals of expulsion orders for criminal ofences. Eight divisions work on issues concerning crime and punishment: y Division for Police Issues y Division for Prosecution Issues y Division for Procedural Law and Court Issues y Division for Crime Policy y Division for Criminal Cases and International Judicial Cooperation y Division for Legislation on Public Order and Safety and Crisis Preparedness y Division for Criminal Law

7 The Constitution of Sweden The Constitution of Sweden consists of four fundamen tal laws: the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The Constitution regulates matters such as the relationship between the legislative and executive powers, and the rights and freedoms enjoyed by citizens. The Division for Constitutional Law works on the Constitution and a number of other laws, including the Administrative Procedure Act and the Public Access to Information and Secrecy Act. Migration and asylum issues Migration and asylum policy includes asylum and refugee issues, labour and other migration, returns and measures to counteract irregular immigration. Also included are mobility issues, such as visa matters, repatriation, the efects of migration on development and partnerships with other countries and international organisations. Three divisions work on migration issues: y Division for Migration Law y Division for Migration and Asylum Policy y Division for Management of Migration Afairs Civil law Civil law encompasses rules and laws pertaining to such matters as marriage, children, inheritance, patents, trademarks, copyright, transport, companies, associations, accounting, bankruptcy, contracts and agreements, damages, consumers, insurance and real estate. The area of civil law makes up a very large part of the legislation and is important to both private individuals and companies. Three divisions work on civil law issues: y Division for Real Estate and Company Law y Division for Family Law and the Law of Contracts, Torts and Personal Property y Division for Intellectual Property and Transport Law International work and work in the EU International work comprises a major part of all the Ministry s areas of activity. The Ministry works on the development of EU law and issues concerning the EU and various international organisations such as the UN, the Council of Europe and the Nordic Council. The Division for EU Afairs is responsible for coordinating the Ministry s EU issues.

8 Civil contingencies planning Civil contingencies planning is about preventing, managing and learning from accidents and crises. The basic premise for contingencies planning is that the relevant actors, together and within their own areas, take responsibility for and develop contingencies planning. Contingencies planning is also a basic prerequisite for work on civil defence. Civil defence is the activities conducted by responsible actors with the aim of making it possible for society to manage situations at times of heightened alert. Above all, the Government is to ensure efective contingencies planning at an overall level. The Government Offices supports the Government in this work. Three divisions work on issues concerning civil contingencies planning: y Division for Crisis Preparedness y Crisis Management Coordination Secretariat y Division for Legislation on Public Order and Safety and Crisis Preparedness Administration, communication and human resources issues There are special functions within the Ministry that work on operational planning, budget coordination, communications issues, correspondence from the public, registration, financial administration, security issues and human resources issues. Two divisions work on these issues: y Division for Management Support and Human Resources y Communication Division

9 Morgan Johansson Minister for Justice and Home Affairs, head of the Ministry of Justice Heléne Fritzon Minister for Migration and Deputy Minister for Justice State Secretaries Press Secretaries and Political Advisers Senior officials Divisions Division for Police Issues Division for Prosecution Issues Division for Procedural Law and Court Issues Division for Crime Policy Division for Criminal Cases and International Judicial Cooperation Division for Legislation on Public Order and Safety and Crisis Preparedness Division for Criminal Law Division for Constitutional Law Division for Crisis Preparedness Crisis Management Coordination Secretariat Division for Real Estate and Company Law Division for Family Law and the Law of Contracts, Torts and Personal Property Division for Intellectual Property and Transport Law Division for Migration Law Division for Migration and Asylum Policy Division for Management of Migration Affairs Division for EU Affairs Division for Management Support and Human Resources Communication Division

10 Government agencies The list covers most government agencies and boards that fall within the Ministry of Justice s area of responsi bility. The Government determines the objectives, guide lines and allocation of resources for the agencies activities, but does not decide how the agencies should apply a law or what they should decide in specific matters. y The Chancellor of Justice y The Legal Aid Authority y The National Board of Forensic Medicine y The Supervisory Board of Public Accountants y The Swedish Accident Investigation Authority y The Swedish Civil Contingencies Agency y The Swedish Coast Guard y The Swedish Commission on Security and Integrity Protection y The Swedish Courts and the Swedish National Courts Administration y The Swedish Crime Victim Compensation and Support Authority y The Swedish Data Protection Authority y The Swedish Economic Crimes Authority y The Swedish Gene Technology Advisory Board y The Swedish National Council for Crime Prevention y The Swedish Migration Agency y The Swedish Police y The Swedish Prison and Probation Service y The Swedish Prosecution Authority y The Swedish Security Service

11 Contact Ministry of Justice SE Stockholm Sweden visit Rosenbad 4 phone (switchboard) ju.registrator@gov.se website government.se/justice Also available, for download and order, from government.se

12 This brochure contains information about the Ministry of Justice, its area of responsibility and its agencies. For more information, please visit our website government.se/justice Ministry of Justice SE Stockholm Sweden