Lagrådet’s feedback on the law proposal

The bill for overall assessment had been sent to Lagrådet (The Legislative Council) for comments. The council published a document on October 31st, 2017 in which the members have shown disapproval of the proposal for reasons that we have summarised in English below:

  • There is a general need for a remiss in parliament proposition.
  • In some cases a need for quick handling of a motion is needed.
  • The stakeholders were given a short time to provide feedback on the proposal (29th September to 5th October).
  • Some stakeholders possibly only saw it on the 2nd of October which was too late.
  • Some stakeholders mentioned that it was on a short/hasty notice.
  • An estimation of how many people are affected now, and how many less there would be after this bill is not provided.
  • Consideration should be taken into account, that this is not only related to a small change to the current law or to the government’s proposition.
  • There is no reason mentioned to why this bill must pass by December 1st.
  • An investigation is ongoing and is due for submission December 31st, which is not too far away from this bill’s proposed date.
  • Related to the above-mentioned, it is deemed that Socialförsäkringsutskottet does not have good reasoning behind the short remiss time allowed, and thus has not fulfilled the requirements for (10 Kap 4 law for remises).
  • With reference to an earlier proposition (2013/14:227 s.18), the Lagrådsremiss at the time was that the cancellation of work permit should not be obligatory when the circumstances for the permit are changed. A permit could be cancelled, but the indvidual’s connection to the Swedish society should be taken into consideration.
  • The proposed bill is “too wide”, and according to the text this would be very general.
  • The bill risks that significant deteriorations in relation to collective agreements can be deemed acceptable as per bill text.
  • The application of this bill would – in addition to the added uncertainty – mean that a fundamental change in the current system would occur for workforce immigration. That issue is not highlighted in the remises.
  • A more close approach to addressing these work permit issues/situations could be to introduce an exemption from the mandatory revocation in case of ”minor cases”. i.e. add more to bill/law text.
  • With reference to the foregoing and the lack of preparation, Lagrådet disapproves of the proposal.

The original document with Swedish text can be found here:

— WPHA Core Team

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