5.1.1. Legitimacy and Accountability
In policy analysis, the model of Scharpf (1999) and Schmidt (2006, 2013), differentiating between input, throughput and output legitimacy is prevailing. It focuses on (i) to what extent policy regimes, policies and policy actors conform to established rules, (ii) the exercise of power is justified by reference to the beliefs of both majorities and minorities, and there is evidence of support or consent from the minority, (iii) openness and a fair, impartial and unbiased opportunity for citizens and other stakeholders to participate in the policy process, and (iv) the ability of the political system and/or policy instrument proposed to solve collective problems for citizens in a just way. As for justice, it generally refers to procedural justice (cf. throughput legitimacy) and distributive justice (cf. output legitimacy) (Neyer, 2010; Mollona & Faldetta, 2022).
Accountability covers a moral and institutional liability to publicly justify actions in such a way that decision-makers and policy entrepreneurs can be evaluated, judged, and held ‘politically’ accountable in front of the public for their performance or behaviour related to something for which they are responsible (Filgueiras, 2016; Müller, 2023). This is closely related to the principle of justice as the ‘right to justification’ (Neyer, 2010). Among other things, this requires free media that can scrutinize those with power.
As policy entrepreneurs and experts are often part of the elite in their specific field, their role in the policy process can be criticized (Caramani, 2017; Müller, 2023). This is particularly so since an important strategy of policy entrepreneurs to reach their aims is to use factual and scientific information in a smart and strategic way (Boasson & Huitema, 2017), either by manipulating who gets what information if information is distributed asymmetrically and information is scarce (Moravcsik, 1999), or by strategic manoeuvring, such as providing as little information as possible to one’s likely opponents (Mackenzie, 2010). If there is lack of transparency, the agency and power of policy entrepreneurs in the policy formulation process conceals the power that shapes how public problems and policies are framed and defined, which decreases accountability. How a condition is framed as a public problem influences how we think about the problem, which enables coupling to certain public policies, but not to others. How a problem is framed is highly important in climate governance (Mintrom & Luetjens, 2017). As Copeland and James (2014, p. 3) put it, framing is about “strategic construction of narratives that mobilize political action around a perceived policy problem in order to legitimize a particular solution”. Framing also “involves the manipulation of dimensions to represent solutions to specific problems as gains or losses” (Zahariadis, 2003, p. 156). Framing is the most important strategy for a policy entrepreneur, both in structural and cultural-institutional entrepreneurship (Boasson & Huitema, 2017).
Brouwer and Huitema (2018) claim that one should differentiate public sector policy entrepreneurs from private sector policy entrepreneurs. The former are “accountable to their superior or executive, who must render political account to a democratically elected council” (Brouwer & Huitema, 2018, p. 1271). In this case of Swedish climate policy and governance, the policy entrepreneurs are elected politicians and their parties, including the Prime Minister and cabinet ministers. Since the ministers and spokespersons of SD are politically elected, there is a demos that can hold them accountable in the next election.
Three out of four parties in the opposition voted for the setting aside of climate minister Pourmokhtari in a motion of non-confidence following the government’s budgetary bill for 2024 and the CAP. The vote was lost. So, there is a legal possibility that the Tidö government and SD will be held accountable for the climate policy criticized in the next general elections to the Riksdag in September 2026. Political appointees in the Government Offices of Sweden are accountable to their ministers and ultimately the Prime Minister, who are scrutinized by the Riksdag. The same holds true for ministers and the Prime Minister.
But non-political staff (civil servants) serve different governments and are held accountable to their non-political superiors. Only if they behave in misconduct can they be held accountable to the politicians, but as part of the Swedish constitution, it is part of their role to present justifiable critique to ideas of politicians. In this case, civil servants in the Government Offices told ministers that their claim about policy effects of the CAP are unjustified guesses. But a civil servant at the Swedish Energy Agency, having a central role in Swedish climate governance, got fired for her involvement with peaceful climate activists using their democratic rights of freedom of speech and freedom of demonstration.
Brouwer and Huitema (2018, p. 1271) also argue, based on one case on water management in the Netherlands, that the strategic behaviour of public sector policy entrepreneurs is generally ”not about double-dealing or playing nasty tricks”. They are generally ambitious for the organization or the public interest and not for themselves. For these reasons, Brouwer and Huitema take the view that public sector policy entrepreneurs should not be seen as a threat to the accountability of public sector organizations, but first and foremost as an opportunity, particularly considering climate change. On the contrary, in this case, the Tidö government and SD did play ‘nasty tricks’. Accountability is not only related to the subject of the policy issues, but the entire policy and governance process. Transparency, openness, fairness and impartiality are important democratic norms in liberal as well as deliberative democratic theory. The processes related to reductions of tax deductions for commuting with public transport as well as the development of the CAP were rather closed. The government organized a series of meetings to collect views on the CAP, but the CAP itself was not sent on public consultation. The proposal for reduced tax deductions on public transport was sent for consultation under two weeks. The same held true for the proposal to reduce carbon taxes on petrol and diesel. The most extreme case of shortening the time span for public consultation was the proposal on secrecy related to electricity support to households – half a working day. The latter example was criticized by both the Legislative Council and the Riksdag’s constitutional committee (Riksdagen, 2023d). The Swedish Legislative Council (2022) considered that the Tidö government’s consultation violates the consultation requirement in chapter 7 § 2 of the constitutional Form of Government law, which is particularly serious since the proposal in the bill was linked to the principle of publicity – which like the consultation requirement is a constitutionally protected principle. This violation of the Swedish constitution reduces transparency as well as input legitimacy.
Closely related, most of the future measures and policies that are outlined in the CAP shall be ‘rapidly investigated’, which endangers legal certainty as democratic participation, and the possibility of a proper referral procedure and impact assessment are reduced. This development, or paradigm shift, is found not only in climate policy and is criticized by the opposition. In a recent debate in the Riksdag on preventive stay bans, related to migration policy but also actions by climate activists such as roadblocks, the Social Democrat’s spokesperson Mattias Vepsä mentioned (Riksdagen, 2024a, speech 6):
We have become accustomed to hearing from the government that a paradigm shift is underway, and legislation in our country is changing at a rate rarely seen. When it comes to the way you influence referral times, shorten investigation times or discuss fast tracks, it is clear that we are seeing a paradigm shift that we Social Democrats are concerned about. Legislative work must be followed with legal certainty, and opportunities must be provided for all referral bodies and people and organizations affected by the legislation to influence the legislation.
There was a lack of transparency on effects of policies in the CAP. The government intentionally manipulated data and graphs showing the path to zero emissions in 2045, but calculations made by SWEPA (2024) on emission reductions of the policies decided and proposed by the government showed a large emission reduction gap to be filled by technologies and measures not yet invented. It even turned out that the government calculated effects on emission reductions from a policy instrument they just had repealed. This was heavily criticized also by SCPC (2024) and SFPC (2024). This rendered an interpellation debate between MP-S and climate minister Pourmokhtari (L) on 19 March 2024, where it became evident that MP and S had no confidence in Pourmokhtari and the government, who they thought repetedly acted manipulatively and deceptively (Riksdagen, 2024b).
Regarding transparency and participation in policy processes, following norms such as openness, fairness, impartiality and procedural justice, contributing to both accountability and legitimacy, climate policy processes in Sweden under the Tidö government leave much behind in terms of the participation of representatives of vulnerable citizens, young people as well as climate justice and democracy advocates. In the case of CAP, the Tidö government organized informal consultations and roundtables for targeted stakeholders, intentionally excluding climate scientists, the environmental movement and journalists covering climate change and climate politics. The government went as far as to portray XR as a threat to Swedish climate governance and Swedish democracy, smearing and delegitimizing the opponents to legitimize their own reluctance to take criticism, thus adopting the strategy and ‘nasty politics’ of SD characterised by populist, divisive, and contentious rhetoric that entrenches polarization and us/them narratives. It was mainly established organizations that participated in referrals, policy fora and meetings about problem framing and the design of climate policy and policy instruments. In fact, this violates the Tidö Agreement and the CAP, which tell that ”close collaboration with Swedish business, the public sector as well as civil society and research should be pursued”, and ”existing and new initiatives for collaboration and cooperation should be developed to create further commitment to climate change”.
In more and more parts of the world, including Sweden, climate activists are using civil disobedience to protest the lack of governments’ action to reduce GHG emissions. Practicing civil disobedience means to engage in a battle over legitimacy and is a performative act aimed at a target audience that seeks to delegitimize opponents (Berglund & Schmidt, 2020). Failure to understand these manifestations considering the right to demonstrate is a mistake, in a potentially dangerous and antiliberal democratic direction where constitutional rights are at stake. The right to demonstrate is a central building block in every democratic society. In Sweden, it is protected in the constitution and through several international conventions. Even civil disobedience is covered by the right to demonstrate if violence is not used. Human rights experts warned in September 2023 that climate activists who temporarily stopped traffic through demonstrations suddenly began to be prosecuted for sabotage.
49 A similar development has been seen in other European countries, e.g. Austria, France, Germany, Spain and the UK. UN special rapporteur on environmental organization rights under the Aarhus Convention, Michel Forst, claims in a recent report that “by categorizing environmental activism as a potential terrorist threat, by limiting freedom of expression and by criminalizing certain forms of protests and protesters, these legislative and policy changes contribute to the shrinking of the civic space and seriously threaten the vitality of democratic societies” (Forst, 2024, p. 11). In the past, the freedom of demonstration has always been seen as an overriding traffic concern, and demonstrators who refused to move at the request of the police have been charged with arbitrary proceedings or disobedience to law enforcement. It is a crime that carries a fine. The new tougher criminal classification of sabotage gives the police the right to preventive interception of people who organize a demonstration, even without concrete criminal suspicions. This legal change can be seen as a threat to human rights and freedom of demonstration. What is special about this change is that it did not happen through open debate. Instead, prosecutors and judges themselves have chosen, contrary to previous practice, to charge the climate activists with a more serious crime. This was in line with previous statements by SD and M and later on the government. Justice minister Gunnar Strömmer (M) has said that he wants the climate protesters to be punished more severely, sentenced to prison. Giving the police the right to preventive interception of people in visitation and security zones without concrete criminal suspicions, was recently proposed by the Tidö parties to curb gang criminality, another key policy area of the Tidö Agreement. The proposal was welcomed by the Swedish Police Authority and the Police Union, but highly criticized in the five-week referral from 14 December 2023 to 18 January 2024 by the Discrimination Ombudsman and the Chancellor of Justice for having unacceptable risks for discrimination and violating the protection against arbitrary intervention found in the constitutional Form of Government law and the European Convention
50 It has also been criticized by commentators in media and academia, claiming that the new legislation, which also includes a law on prohibition to stay, may be used by the police to harass climate activists
51 and “creates a surveillance society that easily exceeds the Orwellian dystopia of a society” (Kamali, 2024a).
Repealing financial support to civic education, civil society organizations and independent media, the oversight of public service, as well as the reluctance of the climate minister to talk to ‘left-wing’ journalists and journalists covering climate policy, make it hard for people to educate themselves and participate in the policy debate. These changes have made journalists even more critical towards the government and SD, claiming that media’s resulting inability to scrutinize Sweden’s second largest party on equal terms with other parties has led to a democratic problem.
52 Finally, in the midst of an ongoing salary review at the Government Offices of Sweden, in the fall of 2023, directives came that employees who worked to implement the Tidö Agreement would be rewarded, indicating a politicization of civil servants who according to law should act independently from political parties, i.a. to assess impacts of policies proposed.
In all, this contradicts the claim by Brouwer and Huitema (2018) that the strategic behaviour of policy entrepreneurs from the public sector is not about double-dealing or playing nasty tricks.
5.1.2. Output Legitimacy and Distributive Justice
Issues of input and throughput legitimacy and procedural justice in this case were analysed in relation to accountability, showing limited legitimacy in both perspectives. The CAP refers to “legitimacy among the citizens is a prerequisite for the transition”. The conditions and standard of living for individuals, households and companies must not be negatively affected and stagnate. The “whole country and all social groups shall have equal opportunities in the transition”. This view of legitimacy is closest related to output legitimacy and distributive justice.
Prior to presenting the CAP, the government and SD proposed that renewable fuel quotas as well as energy and carbon dioxide taxes for petrol and diesel should be substantially reduced to lower the fuel prices. The reason for the proposal was the strained economic situation with high fuel prices and an inflation that puts pressure on households and businesses. This policy change came at a cost of SEK 13 billion in the form of fossil fuel subsidies and substantial increases of GHG emissions. In her answer to a written question from the Centre party’s energy policy spokesperson Rickard Nordin about the government’s increase in fossil subsidies, finance minister Elisabeth Svantesson (M) stated that “legitimacy among citizens is a prerequisite for the transition. For these reasons, the government has reduced the tax on fuel, reduced the renewable fuels quota and increased the deduction for travel to and from work” (Riksdagen, 2024c). At the same time, the Tidö parties have not seen the need for national measures to compensate for increased prices for public transport because the government generally provides grants to regions and municipalities (Riksdagen, 2023e). Public transport is not a responsibility for the government, transport minister Carlson claims. Aviation and fossilized motorists are favoured over electric cars and users of public transport, who are largely women, students, and young people. To that can be added several other decisions such as scrapping the climate bonus for cars, moving money from train maintenance to roads and throwing the climate-smart travel deduction in the trash. The abolition of the climate-smart travel deduction means that equality and distributive justice is reduced. Many people who would have received compensation for travel by train, bus or bicycle are now without it. The value of the new travel deduction also increases the higher the individual’s marginal tax.
Critics have claimed that the induced cost reductions for fossil fuels do not benefit the groups who are most vulnerable (SCPC, 2024; SFPC, 2024). Research shows that earmarking of revenues from taxes used for subsidies to vulnerable households would increase justice and maintain effectiveness, thus improve legitimacy (Maestre-Andrés et al., 2019; Ewald et al., 2022; Matti et al., 2022; Coleman et al., 2023). Output legitimacy and distributive justice are also limited by the Tidö parties’ focus on legitimacy among citizens. According to liberal environmental democratic theory (Bernstein, 2001), distributive justice also includes people in other countries, companies, and organizations, and according to deliberative ecological democratic theory (Eckersley, 2004, 2019), also justice for future generations, animals and nature. The Tidö parties’ focus on popular legitimacy and justice for citizens thus has limited anchoring in theories of the environment–democracy nexus (Pickering et al., 2020) and liberal as well as deliberative democracy theories on legitimacy and justice in general. The Tidö parties seem to focus on legitimacy for populists, not democrats. This confirms the findings of Lührmann et al. (2020) that populist rhetoric includes democratic concepts to help anti-pluralists conceal how dangerous their ideas are for democracy – they claim to stand for “true democracy” while their actions are likely to undermine it.
Legitimacy and justice of the government’s climate and energy policy was also criticized by industry. They assert that the Tidö government, contrary to the government’s focus on “business as the new environmental movement” (see section 5.2.1), acts in ways that creates uncertainty for industry’s investments for the green transition and thus reduces competitiveness of Swedish companies. There is a lack of short-, medium- and long-term perspectives in energy and climate policy, and rules are changed non-transparently with retrospective application hampering competition in an open market. Contrary to the usually market liberal position of M, KD and L, state-owned companies are prioritized in gaining competitiveness from the clean energy transition.
Swedish green think tank
2030-Secretariat recently picked the winners and losers of the CAP.
53 The winners are (i) nuclear power, (ii) Bulgaria (or Romania) for potentially selling their overshoot of GHG emission reductions to Sweden, (iii) electric vehicle charging infrastructure, (iv) experts who will do all new inquiries, and (v) SD for reducing all ambitions. The losers are (i) public transport, (ii) behavioural changes, (iii) energy efficiency, (iv) biofuels, and (v) the Riksdag, since the CAP was a letter not a bill why the Riksdag has no say on the CAP.
Energy-related social injustice in terms of energy poverty in households is increasing in the EU as well as Sweden because of the energy transition (Bouzarovski, 2014; Thomson & Bouzarovski, 2019; von Platten et al., 2020, 2022), also including gender inequalities (Petrova & Simcock, 2021). However, energy poverty was not an issue in the CAP. Nor in policy discussions on policies for decarbonization of buildings in Sweden (von Malmborg et al., 2023) or the recent bill on long-term energy policy (Swedish government, 2024a). Nicholas et al. (2022) as well as Baard et al. (2023) found that political parties in the Riksdag pay lip-service to climate justice, energy justice and energy poverty, mentioning it at a general level, but with no in-depth analysis and policy proposals. This is despite that critical research on policies for energy efficiency of buildings has shown to increase energy poverty and social injustice in Sweden (von Platten et al., 2020, 2022). This is confirmed by Fischer et al. (2023), who found that justice was discursively treated in Swedish policy debates on the green transition in a way that essentially stifled change rather than improve transition governance. Explicit claims for climate justice were made by V, S and MP, but not by M, KD, L and SD. But political actors mainly attempted to trump each other’s justice claims rather than to genuinely engage with them and were used only to back up or dilute existing policy instruments. Justice concerns that would not serve re-election, such as solidarity across social boundaries, were almost absent from the material. Overall, justice appeared to be reduced to expressions of IGs within society. Thus, the framing of justice arguments contributes to politicizing transition governance in ways that render some policy options impossible. The situation is similar in Swedish government agencies (Singleton et al., 2022), who mention energy and climate justice at a general level in different documents, without affecting concrete policy proposals.
The lack of focus on energy and climate justice, as defined and discussed by climate policy and governance scholars and the climate justice movement, in the policy process on the Tidö CAP has implications on both legitimacy and accountability of the Tidö government and SD in climate governance, which are affected by the resulting mismatches between those who seek to hold others accountable and those who are held accountable, the former which could be stakeholders in the global South, and the latter actors in the global North (Dryzek & Stevenson, 2011). Functional interdependencies make the assessment of the accountability and legitimacy of rule-making dependent on the boundaries to be drawn around the ‘stakeholders’ included.
The business newspaper
Dagens Industri recently wrote in an editorial
54 that the climate minister must stand her ground when it comes to striving for “a climate policy that is perceived as realistic and legitimate by the population”. The editor refers to the situation in Germany, Poland and Great Britain, but ignores that recent polls (June 2023 to February 2024) show that a majority of Swedes (70–80 per cent): (i) consider the climate issue to be very important
55, (ii) the government has an important role in pursuing an ambitious climate policy
56, (iii) have little confidence in the Tidö parties’ climate policy and that greater trust is placed in the EU and Swedish companies
57, and (iv) that Sweden’s climate policy should be based on science instead of populism
58. In addition, 75 per cent of the M, KD and L voters are critical to the government’s climate policy
59, Obviously, there is a dissonance between the populist SD and the Swedish population.
Overall, it appears that a “popularly legitimate” climate policy is based on a very narrow definition of legitimacy, which is not associated with liberal and deliberative legitimacy and democracy, rather a policy associated with illiberal right-wing populism (cf. von Malmborg, 2024a). The SCPC (2024) also assessed that the Tidö government has a very narrow view of ‘policy acceptance’. “Popular legitimacy” should not be understood as legitimacy from the perspective of the majority, but as legitimacy from SD’s right-wing populist perspective. Just like other populist far-right parties, SD refers to a homogeneous ‘people’ (the popular) as a counterpoint to the ‘elite’ that created the social problems SD sees today. According to themselves, SD is the true interpreter of the ‘popular’ will.