rättssäker

Rättssäker is an adjective describing something that adheres to the rule of law and provides legal certainty and due process. It is often used to characterize how individuals or institutions are protected against arbitrariness in legal and administrative processes. A legally secure system ensures that decisions are based on law, are predictable, and offer effective remedies.

Key elements of rättssäkerhet include fundamental rights such as the right to be heard, the right to defense, equal treatment before the law, and access to impartial tribunals; formal requirements for decision-making, including written reasoning, fair procedures, and the possibility to appeal; and the separation of powers to prevent abuses of authority. Proportionality and necessity limits on state action are also central components.

In Sweden, rättssäkerhet is a core aspect of constitutional law and public administration. The Instrument of Government and other constitutional provisions require public power to be exercised under the law, with respect for individuals' rights, and with a judiciary capable of reviewing administrative decisions. Legislation on administrative procedures aims to ensure authorities act transparently, consistently, and with accountability. The principle of public access to information (offentlighetsprincipen) also supports rättssäkerhet by enabling scrutiny and oversight.

Challenges include ensuring equal access to justice, reducing delays in courts, and balancing individual rights with public interests and efficiency. Ongoing reforms in administration, judiciary funding, and digitalization influence Sweden’s ongoing efforts to strengthen rättssäkerhet.