rättssäkert

Rättssäkert (rättssäkerhet) describes the state or quality of being legally secure and predictable. In Swedish usage, rättssäkerhet refers to both the rule of law in general and the way laws and decisions are applied so that individuals’ rights are protected and government power is limited to what the law allows.

Key elements include clear and publicly accessible rules, valid authority for actions, predictability of legal outcomes, and due process. This also encompasses an independent and impartial judiciary, the right to be heard, well-reasoned decisions, and accessible avenues for appeal. Proportionality, equal treatment, and non-discrimination are often emphasized as part of rättssäkerhet, as is access to justice and, when needed, legal aid.

In practice, rättssäkert governance requires that authorities base actions on statutes or binding regulations, provide legal justification for their decisions, and allow individuals or organizations to challenge decisions through formal review or courts. Documentation and transparency help citizens anticipate how laws will apply to them.

In Sweden, the concept is embedded in constitutional and administrative law, including the Instrument of Government and the Administrative Procedure Act, and it interacts with European Union law on the rule of law and fundamental rights. Rättssäkerhet is seen as essential for democratic legitimacy, trust in public institutions, and a stable environment for citizens and businesses.

Challenges include balancing legal certainty with governmental flexibility, avoiding over-regulation, and ensuring that all citizens have meaningful access to legal processes.