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“My opinion is that the current bill, given its broad scope and limited control mechanisms, does not meet the high requirements that should be imposed on a legal regulation of this type,” writes the Ombudsman, President of the Supreme Court, Elisabeth Rynning.
The Riksdag ombudsmen, JO, believe that a number of issues need clarification and therefore reject the current form of the proposal.
JO understands that the measures that may be introduced on the basis of the new law may need to be intrusive and, in some cases, entail restrictions on fundamental rights and freedoms.
However, the response to the consultation requires control mechanisms that ensure the Riksdag’s position in relation to the government, and that the measures are not too far-reaching in individual cases.
“Such guarantees of legal certainty may be, for example, that the regulations have a limited period of validity, that they must be subject to review by the Riksdag and the government, respectively, and that there is an opportunity to appeal individual decisions,” writes the Ombudsman.
JO points out that the government The proposals involve a wide-ranging delegation of regulatory powers from the Riksdag to the Government and, in some cases, to various administrative authorities at the national, regional and local levels.
The response to the query indicates that it is difficult for the Riksdag to assess whether the consequences of the measures that may be relevant will be reasonable.
The Ombudsman also believes that the proposal should be developed with regard to measures that can be taken without waiting for a decision in the Riksdag.
“In my opinion, a reasonable starting point is that the government should only issue regulations that restrict fundamental rights and freedoms when action is required so quickly that a parliamentary procedure would risk delaying action to a point that may seriously consequences, “writes Rynning.
The Ombudsman also questions the need to allow the temporary law to apply for one year.
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