Common basic values for central government employees - a summary - Council on Basic Values
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Council on Basic Values
Common basic values for central
government employees – a summary
Print: Elanders, september 2014 Photo: Law book: Fredrik Sandberg/TT Court document: Jessica Gow/TT SMSdeclaration: Jonas Ekströmer/TT Signs: Rolf Höjer/TT Article: S2014.021
Common basic values for central
government employees – a summary
As a central government employee, you should be familiar with and
understand the central government administration’s common basic
values and your role as a civil servant.
In central government administration, our actions must always stem
from the constitutionally based principles of the equal value of all
people, the rule of law and good service to citizens. This must be second
nature in all we do; otherwise there is a risk that we as employees may
forget who we are here to serve when we become absorbed by internal
processes.
This booklet is a brief account of the central government’s common
basic values and has been drawn up on behalf of the Council on Basic
Values by former Director Lars Ångström. It is based on the publication
entitled Common basic values for central government employees – fundamental legal
principles, which can be found (in Swedish only) on the Council’s
website*.
Lena Marcusson Robert Cloarec
Chair Principal Secretary
Council on Basic Values Council on Basic Values
*www.vardegrundsdelegationen.se
1Content
Introduction ........................................................................ 3
1 Democracy .................................................................. 5
2 Legality....................................................................... 6
3 Objectivity................................................................... 7
3.1 Bribery....................................................................................................... 7
3.2 Conflict of interest (disqualification).................................................... 8
3.3 Secondary activities ................................................................................. 9
4 Free formation of opinion............................................ 10
4.1 Official documents................................................................................ 10
4.2 Freedom of expression......................................................................... 11
4.3 Freedom of communication................................................................ 12
4.4 Calling attention to irregularities......................................................... 12
5 Respect for all people’s equal value, freedom and
dignity ...................................................................... 13
5.1 Rights and freedoms ............................................................................. 13
5.2 Non-discrimination............................................................................... 14
5.3 Integrity................................................................................................... 14
6 Efficiency and service................................................. 15
7 Basic values and real life ............................................ 17
Sources and recommended reading ..................................... 19
Some relevant statutes..................................................................................... 19
Literature (in Swedish only) ........................................................................... 19
2Introduction
Central government administration – and consequently also you as a civil
servant – works on behalf of the citizens of this country. Elected
representatives in the Riksdag (the Swedish Parliament) have
democratically adopted the laws that regulate the tasks of your
government agency and that establish the parameters of your
professional duties. The Government’s ordinances and the agency’s own
regulations further clarify your role.
The regulation of your agency’s activities is based on the legal
foundations that apply to all central government agencies. These can be
summarised in six principles, which together make up the common basic
values of central government activities:
Democracy – all public power proceeds from the people.
Legality – public power is exercised in accordance with the law.
Objectivity – everyone is equal before the law; objectivity and
impartiality must be observed.
Free formation of opinion – Swedish democracy is founded on the free
formation of opinion.
Respect for all people’s equal value, freedom and dignity – public power is to
be exercised with respect for the equal worth of all and for the
freedom and dignity of the individual.
Efficiency and service – efficiency and resource management must be
combined with service and accessibility.
These principles, which are set out in the constitution and acts of law,
form a professional platform for you as a central government employee.
They are to guide you in the performance of all your duties.
Of necessity, the principles are formulated in a general way. You and
your management must then clarify and exemplify what they mean in
3your particular activities. Different principles may sometimes be in
conflict with each other. It is then a matter of carefully weighing
alternatives that remain within the law and do not disregard important
values.
Central government employees often have a high degree of
independence in their work. Many times you may discover that the law
or regulations leave scope for interpretation. It is at such times, when
you have to rely on your own judgement, that the central government’s
basic values have a particularly important role as guidance.
This booklet offers you a brief introduction to the six legal principles
of the central government’s basic values. If you would like to learn more,
there is a list of recommended reading provided at the end. One
effective way of maintaining a dynamic understanding of the basic values
is by frequently discussing their various elements at your workplace.
With few exceptions, the basic values are common to all public sector
employees. Reading this booklet may therefore also be of benefit to
employees in municipalities, county councils and regions, while relevant
parts may benefit elected representatives as well.
The Instrument of
Government establishes
that all public power in
Sweden proceeds from
the people. Photo: TT
41 Democracy
The Instrument of Government is one of our fundamental
(constitutional) laws. It establishes that all public power in Sweden
proceeds from the people. In our representative democracy, the Riksdag,
with its elected members, is the primary representative of Sweden’s
citizens. The Riksdag takes decisions on the country’s governance. The
Government implements the decisions in part through instructions to
central government agencies.
As a central government employee, you work in the service of a
democratic state governed by the rule of law. The citizens are your
ultimate employer. Your activities are financed by funds they have made
available through taxes and charges. Under the Instrument of
Government, government agencies are to promote the ideals of
democracy as guidelines in all sectors of society.
Appointments to posts in public administration are an important
issue of democracy. When appointing central government officials, only
objective grounds such as merit and competence are to be taken into
account. Competence must be the primary consideration. No irrelevant
factors or private interests are to have any influence on employment
decisions.
The most important laws: Instrument of Government, Public Employment Act
52 Legality
The Instrument of Government establishes that public power is
exercised in accordance with the law. A government agency may only
take measures when it has the support of the law. This applies to all
activities. Legal certainty demands that you always consider what legal
support you have for any measures you contemplate taking.
The Instrument of Government differentiates between the exercise
of public authority and other matters. The exercise of public authority
refers to government agencies taking decisions on the benefits, rights,
obligations, disciplinary punishment or similar matters of an individual
or organisation.
In your handling of, or decision on, a matter involving the exercise of
public authority, your actions must be based on appropriate legal texts
and your interpretation of them. In the exercise of public authority, no
superior or collateral body is entitled to influence individual decisions. In
this regard, the law gives you as a civil servant considerable professional
independence coupled with great responsibility. If, for example, an
official decision turns out to be incorrect, the agency may in certain cases
be liable. If one or more of the civil servants involved in the decision had
malicious intent or displayed negligence, they may be punished for
misuse of office.
In other matters, you are to take the law and relevant regulations and
instructions into account.
The most important laws: Instrument of Government, Swedish Penal Code, Public
Employment Act
63 Objectivity
Objectivity means that courts of law, government agencies and other
bodies performing tasks within public administration are to take into
account the equality of all people before the law and observe objectivity
and impartiality. Justice and predictability are to characterise central
government activities. Similar cases are to be assessed in the same way.
Decisions are to be based on factual grounds. Measures taken by
government agencies or any requirements they place on citizens must be
in reasonable proportion to what the matter concerns.
A prerequisite for living up to the requirement of objectivity,
impartiality and equal treatment is that you do not allow your personal
views, sympathies or antipathies to influence your work. Professionalism
– that is knowledge combined with independence, impartiality and
integrity – is to characterise the performance of your duties. You must
never act in a way that weakens public confidence in you or your
agency’s objectivity and impartiality.
You must also avoid placing yourself in situations that may jeopardise
such confidence. More seriously, you must never even give reason for
suspicion of being influenced by inappropriate requests or
considerations. This would shake public confidence not only in yourself,
but also in the agency and the activities you represent.
3.1 Bribery
Be extremely cautious in accepting gifts or benefits from people or
companies that you deal with in the course of your work. The risk of
bribery is considerable. According to the Swedish Penal Code, a bribe is
taken when, for their own gain or on behalf of another, a person
“accepts, agrees to an offer or requests an undue reward” for the
performance of their duties. The courts’ view of taking a bribe is
7particularly strict with regard to public sector employees. Most agencies
have internal rules that set even more stringent limits.
If you are uncertain about how to deal with the offer of a gift or
benefit you should ask your manager. In the event that practice at your
workplace is unclear, always raise the issue regardless of how
insignificant the offer appears to be.
3.2 Conflict of interest (disqualification)
Avoid situations involving conflict of interest. Regulations in the
Administrative Procedure Act concerning conflict of interest apply to the
handling of all cases and are directed at people who in one way or
another can influence the outcome of a matter. You are in conflict of
interest if the outcome of a decision involves extraordinary advantage or
detriment for yourself, a close relative or an organisation in which you
have decisive influence. If a matter is appealed to a higher instance, you
may not take part in the decision if you have had contact with it at a
lower instance. You are also in conflict of interest if there are any other
circumstances that could weaken confidence in your impartiality. This
may involve a friendship or antagonistic relationship with, or a financial
dependence on, any party or stakeholder in the matter. You may also be
considered to be in conflict of interest if you are so involved in a matter
that your impartiality could be questioned.
If you are in conflict of interest, or any suspicion of conflicting
interests could arise, you must relinquish any connection with the matter.
You are obliged to voluntarily report any circumstances that may be
assessed as being in conflict of interest.
83.3 Secondary activities
As a central government employee, you may not conduct any secondary
activities alongside your employment that compete with the agency’s
activities or in any other way weaken confidence in your impartiality or
the agency’s reputation, or are liable to undermine public confidence.
Neither may you engage in secondary activities that reduce your ability to
carry out your duties.
The most important laws: Instrument of Government, Swedish Penal Code,
Administrative Procedure Act, Public Employment Act
94 Free formation of opinion
The right of citizens to free formation of opinion, freedom of expression
and access to information is essential to a functioning democratic social
system. Under the Instrument of Government, every citizen has the right
to freely express their opinion verbally, in writing or in any other way.
Restrictions are few and are based on the law.
The principle of public access to official documents is a cornerstone
of the democratic process. This principle finds expression, for example,
in the rules on public access to official documents and the rules on
freedom of communication. The aim is to ensure that public sector
services can be monitored and examined. This facilitates free public
debate and formation of opinion. It helps ensure that abuse of power
and irregularities are exposed.
4.1 Official documents
An official document is a text or other form of information that has
been received or drawn up by, and is in the keeping of, a government
agency. Official documents are public. This means that individuals can
contact an agency and request access to them. Restrictions to public
access may only be made if they are necessary on the grounds of national
security, crime-fighting, protection of an individual’s financial or
personal circumstances, or any other circumstance defined in the
Constitution. Detailed rules governing secrecy are found in the Public
Access to Information and Secrecy Act.
10Anyone requesting access to an official document does not need to
provide their name or any details of how the document will be used. If
you are involved in a document’s release, you must take action without
delay.
4.2 Freedom of expression
Freedom of expression for central government employees means you
have the right to publicly express your views and critical reflections, even
of the activities of your own agency. The basis for this is the rules on
freedom of expression found in the fundamental laws. If you make a
public statement, it should be clear whether you are expressing your own
personal views. The agency is not allowed to take any special measures
against those expressing any critical views.
Anyone requesting access to an official document does not need to provide their name or any details of how
the document will be used. Officials involved in a document’s release must take action without delay.
Photo: TT
114.3 Freedom of communication Freedom of communication is the right to provide information to the media for publication. This right also applies, with certain exceptions, to information classified as secret. The type of media referred to and the restrictions that apply are defined in the Fundamental Law on Freedom of Expression, the Freedom of the Press Act, and the Public Access to Information and Secrecy Act. Journalists receiving such information are not allowed to reveal their sources and government agencies are not allowed to enquire after them. 4.4 Calling attention to irregularities Do not hesitate to report to your manager or other relevant superior if you should discover any form of inappropriateness, irregularity or crime at your workplace or in any other part of the public sector. You can also turn to the agency’s management, internal audits, the police or prosecutors. The most important laws: Instrument of Government, Freedom of the Press Act, Fundamental Law on Freedom of Expression, Public Access to Information and Secrecy Act 12
5 Respect for all people’s equal
value, freedom and dignity
In a democratic state governed by the rule of law, the respect of
government agencies for citizens’ rights and privacy is self-evident. As a
civil servant, you have a responsibility to ensure that human rights and
freedoms are not violated or ignored at your agency. Nor may you
commit any act of discrimination.
5.1 Rights and freedoms
All citizens have the same fundamental rights and freedoms, regardless
of age, sex or origin. The protection of rights and freedoms is guaranteed
primarily by the Instrument of Government, which states that public
power is to be exercised with respect for the equal value of all and for
the freedom and dignity of the individual. These rules also apply with
few exceptions to foreign nationals in Sweden.
Fundamental rights and freedoms include freedom of expression,
freedom of information (including freedom to procure and receive
information), freedom of assembly, freedom to demonstrate, freedom of
association and freedom of religion. These ‘positive freedoms of
opinion’ aim to promote a free exchange of views, thus promoting
democracy.
The Instrument of Government also protects citizens from being
forced to divulge where they stand politically, religiously or culturally and
establishes that capital punishment, corporal punishment and torture are
prohibited.
135.2 Non-discrimination
The Discrimination Act prohibits discrimination on grounds of gender,
transgender identity or expression, ethnic origin, religion or other belief,
disability, sexual orientation or age. Actions that either directly or
indirectly involve harassment or discrimination are also prohibited.
The Instrument of Government states that government agencies and
other public bodies are to combat discrimination.
5.3 Integrity
According to the European Convention on Human Rights, which is the
law in Sweden, everyone has the right to respect for their private and
family life, their home and their correspondence. Electronic
communication is now included in the term “correspondence”.
Government agencies may only restrict these rights in accordance with
the law and under certain specific conditions.
Government agencies are not allowed to register or process
information on individuals in any way they choose. This is regulated in
the Personal Data Act. It is not always permissible to share information
that is handled by one government agency with other government
agencies or researchers.
The most important laws: Instrument of Government, European Convention for the
Protection of Human Rights and Fundamental Freedoms, Swedish Penal Code,
Discrimination Act, Personal Data Act, Public Access to Information and Secrecy
Act
146 Efficiency and service
A high degree of efficiency and sound resource management are to be
combined with good service and a high level of accessibility.
Citizens finance central government activities through taxes and
charges. This places great demands on efficient activities and resource
management. It also places demands on service.
The Administrative Procedure Act states that every matter is to be
handled as simply, rapidly and economically as possible without
jeopardising legal security. The requirement of legality – taking action in
conformity with the law – must never be set aside.
It is the responsibility of the agency leadership to organise and direct
activities to ensure they fulfil the requirements of efficiency and service.
Agencies are also to continuously develop their activities. It is your
responsibility, under the given conditions, to complete your duties in the
best possible way and call attention to any deficiencies or opportunities
to improve activities.
Efficiency and sound
resource management are
combined with good
service and a high level of
accessibility. Photo: TT
15Agencies are to actively inform citizens about their benefits, rights
and obligations. You must always be prepared to provide information,
guidance, advice and other assistance to individuals who call on you in
your position as a civil servant. Assistance must be balanced so that
neither you nor the agency can be perceived as being biased. Enquiries
from individuals must be responded to without delay. A person who has
contacted the wrong agency must be assisted to find the right one.
The clear language requirements contained in the Language Act mean
that you are to endeavour to use language that is cultivated, simple and
comprehensible in verbal and written contacts with individuals.
Sometimes your language may need to be adapted to suit the specific
needs of the recipient. If necessary, an interpreter or translator should be
engaged.
The Administrative Procedure Act states that each government
agency is to provide assistance to other agencies within the framework of
its own activities. In the Instrument of Government from 1809 it was
established that government agencies were to “extend each other a
helping hand”.
The most important laws: Administrative Procedure Act, Budget Act, Government
Agencies Ordinance, Language Act
167 Basic values and real life
The central government’s basic values contain many requirements and
the principles are formulated in a general way. How then does any
individual requirement affect the various parts of your activities? This is
something that must be clarified and exemplified in order to be
comprehensible. For example: Which of our documents are official
documents? How far does our obligation to provide advice extend?
What does it mean in practice that we are to treat everyone equally? Are
our actions against individuals in reasonable proportion to the
significance and nature of the matters involved?
Conflicts of goals or values may arise here. The various requirements
of the basic values can sometimes stand in conflict with each other and
necessitate carefully considered trade-offs. A classic balance to strike is
between resource management and service level. Other examples: the
impartial processing of a matter demands that we collect detailed
information on individuals, but this must be weighed against the
individual’s right to privacy. Our forms of cooperation with external
parties must be efficient, but should not shift into forms of social
interaction that may risk inappropriate influence.
The examples can be multiplied. What examples from your own
activities have you thought about while you have been reading this? Have
you resolved them or do you need to find answers?
Gaining a genuine understanding of the intentions of the basic values
and how they are to be realised in your role requires a contribution from
both you and your agency. It is the agency’s responsibility to inform its
employees of the relevant laws and how they are to be applied. It is your
responsibility to acquaint yourself with the laws and guidelines that
apply. Any issues that arise can then be resolved in discussion with your
manager and colleagues.
17The constitutional principles that make up the common basic values are a professional platform for you as a central government employee. They will guide you in your actions as a ‘public servant’. How far does our obligation to provide advice extend? What does it mean in practice that we are to treat everyone equally? Arbetsförmedlingen: the Swedish Public Employment Service, Försäkringskassan: the Swedish Social Insurance Agency, Pensionsmyndigheten: the Swedish Pensions Agency, Skatteverket: the Swedish Tax Agency. Photo: TT 18
Sources and recommended reading
You can read the fundamental laws (the Swedish Constitution) on the
Swedish Riksdag’s website:
http://www.riksdagen.se/en/Documents-and-laws/Laws/
Some relevant statutes
Instrument of Government, Chapters 1–2 and 11–12
European Convention for the Protection of Human Rights and
Fundamental Freedoms, 1950
Freedom of the Press Act, Chapters 1–3, 7 and 14
Fundamental Law on Freedom of Expression, Chapters 1, 2 and 5
Swedish Penal Code, Chapters 4, 10, 12, 16, 19 and 29
Administrative Procedure Act
Employment Protection Act
Public Employment Act
Personal Data Act
Discrimination Act, Chapters 1, 3–5
Public Access to Information and Secrecy Act, Chapters 1, 3, 6, 8, 10, 13
and 44
Language Act
Budget Act, Chapter 1
Government Agencies Ordinance
Literature (in Swedish only)
Council on Basic Values, Den gemensamma värdegrunden för de statsanställda
(Common basic values for central government employees), Government
Offices, 2013
Axberger, H.-G., Yttrandefrihetsgrundlagarna, Norstedts Juridik, 2012
Danelius, H., Mänskliga rättigheter i europeisk praxis, Norstedts Juridik, 2007
19Eka, A., et al, Regeringsformen med kommentarer, Karnov Group, 2012 Hellners, T., Malmqvist, B., Förvaltningslagen med kommentar, Norstedts Juridik, 2010 Hinn, E., Aspegren, L., Offentlig arbetsrätt: en kommentar till lagreglerna om statlig och kommunal anställning, Norstedts Juridik, 2009 Lundquist, L., I demokratins tjänst: statstjänstemannens roll och vårt offentliga etos, SOU 1997:28 Marcusson, L. (ed.), Offentligrättsliga principer, Iustus Förlag, 2012 Wennergren, B., Offentlig förvaltning i arbete, Norstedts Juridik, 2008 20
The central government’s basic values form a professional platform
for you as a civil servant. They are to guide you in all your actions as
you perform your duties. The basic values can be summarised in six
principles of a constitutional nature. You must be familiar with them
and know how they affect your activities. They are presented briefly
in this booklet.
The principles of these basic values apply with few exceptions to all
public officials. Reading this booklet may therefore also be of bene-
fit to employees in municipalities, county councils and regions, and
relevant parts may benefit elected representatives as well.
The booklet has been drawn up by the Council on Basic Values in
the Government Offices. The Council is to promote and strengthen
the work on basic values in central government administration
and support government agencies in their work on basic values.
The Council collaborates with government agencies, the member
organisation for government employers and employee organisations
for government workers.
Council on Basic Values
Government Offices of Sweden
SE-103 33 Stockholm
Sweden
www.vardegrundsdelegationen.seYou can also read
