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The government is considering new measures to stop a second corona wave. Among other things, opportunities are being investigated to stop the sale of alcohol in the restaurant late at night.
The government is investigating whether it is possible to stop the sale of alcohol in the pub late at night. Stock Photography,
The government office “turns every stone,” says a source with knowledge of TT. One measure that is being investigated is to ban the sale of alcohol in restaurants and bars, for example after 10 pm.
This is something that has been introduced in several other countries and that could have an effect in stopping the spread of the infection, especially among the very young. However, there is a risk that there will just be more parties at home.
However, such a measure is likely to require changes in legislation. And then a parliamentary decision is needed.
Several countries in Europe are once again adopting strict measures to stop the growing spread of the infection. In Sweden, the strategy has been primarily to get people to voluntarily follow the general advice of the Public Health Agency and calls from the government.
But now voices are being raised that it is time for stricter and more coercive measures in Sweden as well. But the toolbox is limited, at least in terms of tough bans.
– There is no general right for the government to take special measures in crises, says Henrik Wenander, professor of public law at Lund University.
– But the restriction must always be proportional to what you want to achieve, and the measures must actually lead to the effects you want to achieve.
Here no closure can be implemented as in other countries with current legislation. For example, imposing a curfew, as several European countries have done, is not possible. The same if the government wanted to ban domestic travel.
The reason is that the freedom of movement of citizens is protected in the constitution. However, it is possible to limit if the Riksdag enacts a special law. However, it takes time.
Closing all restaurants, bars and cafes, which are made in various places in Europe, is also not possible with current laws. In that case, changes to the law are required.
So far, the government has implemented some coercive measures. The public and participants in, for example, demonstrations, cultural and sporting events have been limited. This has been done with the support of the Public Order Law.
A restraining order has been introduced in nursing homes with the support of the Social Services Act. However, the ban was lifted in early fall.
In the spring, the Education Law was amended so that the government can close primary and secondary schools. However, the closure of upper secondary schools was voluntary on the recommendation of the government and the Swedish Public Health Agency.
Both the government and the Swedish Public Health Agency have so far considered that a strategy with recommendations is more sustainable in the long term if people want to resist during a prolonged pandemic.
But the government wants the opportunity to do more. In the spring, a temporary law was passed giving the government the right to quickly issue special regulations to, for example, close shopping malls, bars, nightclubs, restaurants, cafes, gyms, libraries and museums to prevent the spread of the infection. Railway stations, airports, ports and other infrastructure could also be closed or restricted.
But the law was never used during the three months it was in effect. The government did not demand its extension either.
The Ministry of Social Affairs is now working on a proposal for a new pandemic law, which will take effect next summer. There are still no directives on what the law should contain exactly, but the idea is that it should roughly cover the areas that were included in the short-term temporary law.
Because nowadays it is not possible to force the closure of a large-scale gym, forbid someone to ride a full bus, or forbid museums to be open.
What can be done with the support of the Infection Control Act is to quarantine people or delimit a specific area. But it’s not very useful right now either, because the idea with this is mainly to find the source of infection in the event of an outbreak. And in that case it is about smaller areas, such as a house, a school, a neighborhood or the like. Not a whole region or city.
Can Sweden block?
1. Can a curfew be imposed?
No, freedom of movement is constitutionally protected. The restrictions require the Riksdag to enact special laws.
2. Can Swedes be prohibited from traveling within Sweden?
No, the same applies as above. The regions and the Swedish Public Health Agency can only urge, for example, to take only the necessary travel. Infection control doctors may block smaller areas, such as a blockage, if the infection is suspected to spread from there.
Can quarantine rules be introduced for all Swedes who have been abroad?
No, not in general, but the Swedish Public Health Agency and infection control doctors can force travelers coming from a specific area with a large infection to be tested and isolated until the test results are ready. .
4. Can private parties be prohibited or restricted?
No, neither the Infection Control Act nor the Public Order Act provide such opportunities.
5. Can all restaurants be closed? Or do you have limited opening hours?
No, it requires a change in the law in the Communicable Diseases Act or in the law on temporary infection control measures in restaurants. Infection control doctors can close specific facilities if the infection spreads there. Restaurants that do not follow infection control regulations may be closed.
6. Can the government prohibit serving alcohol late at night?
No, not with the current law, but it goes with the change of law.
7. Can the government close stores and shopping centers?
No, it requires an amendment to the Communicable Diseases Act. Infection control doctors may close specific facilities if the infection spreads there.
8. Can the government close all gyms?
No, it requires an amendment to the Communicable Disease Act in that case. Infection control doctors can close specific facilities if the infection spreads there.
9. Can oral protection requirements be introduced in public transport?
Yes, the Swedish Public Health Agency can introduce regulations. But the big question is not legal, but whether the measure would have an effect from an infection control point of view.
10. Can the government close all schools?
Yes, this spring a change was made to the Education Act law.
11. Can the government ban public events and public gatherings entirely?
Yes, according to the law of order.
12. Can the government introduce a restraining order in nursing homes?
Yes, there is support in the Social Services Act.
13. Can the government close nightclubs?
No, an amendment to the Infection Control Act is required, but the government can stop public dance events in accordance with the Public Order Act. Infection control doctors may close specific facilities if the infection spreads there.
14. Can the government close restrooms and libraries?
No, the current infection control law does not grant such powers. Infection control doctors can close specific facilities if the infection spreads there.
