The Swedish Council on Legislation (Lagrådet) has issued strong criticism of the government's proposal to tighten deportation rules for crimes committed by foreigners. According to TV4 Nyheterna, Lagrådet has rejected the government's proposal in its entirety, calling the requirement for prosecutors to always request deportation for deportation-eligible crimes 'systemfrämmande' (alien to the system).
The government's proposal reportedly aims to lower the threshold for deportation to crimes with penalties stricter than fines, with the stated goal of deporting more foreigners who commit crimes. However, Lagrådet argues that insufficient time has passed since the last change in 2022, when the limit was lowered to six months imprisonment, to assess the effects of that adjustment.
systemfrämmande
In its statement, Lagrådet wrote there are not 'sufficient grounds to now change existing law in the way that has been proposed.' The council also identified several legal technical problems with the proposal, including difficulties in grading what constitutes a 'penalty stricter than fines.'
The proposal has faced harsh criticism from several authoritative referral bodies, including the Swedish Prosecution Authority (Åklagarmyndigheten), which reportedly stated that the proposal conflicts with the role of an independent legal authority and risks undermining public trust when prosecutors are expected to act against their better judgment.
there are not 'sufficient grounds to now change existing law in the way that has been proposed'
the proposal conflicts with the role of an independent legal authority and risks undermining public trust when prosecutors are expected to act against their better judgment