Author
In 2025, Sweden conducted preparatory efforts for the implementation of the EU Pact on Migration and Asylum, following its adoption at EU level in 2024 and ahead of its deadline for implementation on 12 June 2026.
After the adoption of the Pact, the Government appointed new Commissions of Inquiry and changed the objectives of already appointed Commissions, in order to align Swedish legislation with the Pact and, when doing so, amending the legislation to what could be seen as the minimum level of guarantees in the EU acquis.
In particular, on 21 November 2024, the Government appointed a Commission of Inquiry with the aim to review the need to adapt Swedish legislation in line with the Pact instruments concerning asylum procedures and screening, including mechanisms for monitoring fundamental rights. The objective of the Inquiry was to enable the effective and legally sound implementation of these EU instruments while maintaining a responsible and restrictive regulatory framework aligned with the minimum standards required under EU law. The assignment included assessing necessary legal adjustments, proposing restrictive national rules where Member States had discretion, based on the EU minimum level, and submitting the required legislative proposals.
On 21 November 2024, the Government also changed the objectives of the Commission of Inquiry ongoing since October 2023, that was supposed to propose amendments that would align the legislation with the minimum requirements of EU law in the field of asylum. The Commission was therefore tasked, inter alia, with analysing and assessing the need for adjustments to Swedish law in relation to provisions of the Pact on Migration and Asylum concerning legal counselling, legal aid, and representation. It was also tasked with analysing and assessing whether Swedish law should allow for the rejection of an asylum application as inadmissible in a greater number of situations, and whether the Swedish Migration Agency should be authorized to declare applications as manifestly unfounded. It should also submit necessary legislative proposals.[1]
The mentioned Commissions of Inquiry presented its findings in 2025 and 2026. However, already in October 2024 proposals on legislative changes that implement Pact instruments were made. The Commission of Inquiry appointed in 2021 that was overseeing the reception of asylum seekers issued its final report in October 2024, with proposals that were supposed to be aligned with the new recast Reception Conditions Directive (2024/1346) (new rRCD), especially in the parts related to different measures to control the movement of asylum seekers.[2] The consultative bodies from civil society where negative towards the restrictive approach of the proposals, which means that basically all the control mechanisms available under the new rRCD will be implemented.[3] Many argued that strict residency and control measures may drive asylum seekers underground, leading to poverty and exploitation, while also placing an undue burden on local municipal services and negatively impacting children’s development. Furthermore, legal bodies warned that the cumulative effect of these restrictions could border on an unlawful deprivation of liberty, and the delayed right to work was seen as a major barrier to future integration.
The 2023 Commission of Inquiry, tasked with aligning the asylum procedure and the rights of asylum seekers to the minimum standards of EU law (SOU 2025:31), submitted its first report to the Government in April 2025. The Inquiry proposed that only temporary residence permits should be granted, inter alia, to refugees, beneficiaries of subsidiary protection, and to resettled refugees. It also proposed that it should be possible to reject an asylum application as inadmissible in a greater number of cases than is currently allowed. Among other things, the Inquiry suggested that there should be no explicit prohibitions against rejecting an asylum application as inadmissible where a safe third country exists to which the applicant may be transferred, even in cases involving, for example, family ties or other special connections to Sweden. Furthermore, the Inquiry proposed that asylum seekers should be entitled to free legal counselling according the amended rules of the Asylum Procedure Regulation (2024/1348) through the appointment of publicly funded legal counsel, but with a restriction in time allowing as a general rule one hour counselling for an applicant.[4]
The Inquiry (DS 2025:30) submitted its report to the Government on 24 November 2025. It made several proposals, including revising the terminology and structure of the Swedish asylum procedure and applying the so‑called border procedure in a wider range of situations than those strictly required under EU law. It proposed restricting the right to publicly funded legal counsel in cases concerning international protection handled by the Swedish Migration Agency, while assigning responsibility for the new screening procedure to the Swedish Police Authority, the Swedish Migration Agency, and the regions. The Inquiry also proposed lowering the age limit for taking fingerprints and photographs at certain stages of the migration process to six years. Regarding the “safe third country” concept, the Inquiry published proposes that Sweden, in accordance with Article 64(1) of the APR, should be entitled to designate safe third countries and safe countries of origin at national level, in addition to those designated at EU level. Consequently, the existing authorisation to establish a national list of safe countries of origin should be retained and extended to also cover safe third countries. It is further proposed that an explanatory reference to the provisions on the designation of such countries contained in the APR be incorporated into the Aliens Act.
The Inquiry (Ds 2025:30) submitted its report to the Government on 24 November 2025,[5] and consultation bodies were given until 7 January 2026 to analyse and comment on its contents. This represented an unusually short consultation period for legislation of such scope and was criticised, among others, by the Swedish Human Rights Institute, who stated that it considered several of the proposals presented in the inquiry to constitute general and serious restrictions on the rule of law and on human rights.[6] Many civil society consultation bodies from criticised the restrictive approach, which was based on the Government’s ambition to align Swedish legislation on asylum with the minimum standards of the EU acquis, reflected in the proposals to channel asylum seekers to the asylum border procedure not only when mandatory, but whenever possible. In their statements, the Courts commented that the proposed changes in the procedure, making international protection ground for the application instead of the residence permit, would make the procedural framework unclear. Within the Swedish system, several grounds for a residence permit could previously be examined within the framework of a single, overarching application for a residence permit, whereas the shift towards examining international protection separately entails that the system governing the scope of examination must be altered.
The JO argued that it being tasked with being the independent monitoring mechanism as required by the SR and the APR would conflict with the institutional independence of the JO and its current role. The Migration Agency stated that problems would follow the fact that the legislation implementing the new rRCD would enter into force only on the 1 October 2026, leaving the Swedish Migration Agency, for four months, without the legal basis for implementing the requirements of Article 54 of the APR, to ensure that applicants in the asylum border procedure stay at or in proximity of the border.
On 23 March 2026, the Government submitted its draft bill concerning the implementation of the Pact to the Council of Legislation (Lagrådet) for revision.[7] The bill includes both proposals made in SOU 2025:31 and DS 2025:30. In the bill the Government is reflecting on the opinions of the consultative bodies. In general, the Government did not share the worries of the civil society that the restrictive approach of the legislation could conflict with fundamental rights. The bill essentially carries forward the proposals from these two inquiries, but certain adjustments are made. For example, as a general rule, asylum seekers will be entitled to two hours of legal counselling instead of one. Other issues are not addressed, despite the criticism raised by consultation bodies, including the need for clarification of the procedural framework, the independent monitoring mechanism and the lack of legal basis for ensuring that the requirements of Article 54 of the APR are met until 1 October 2026, when the legislation implementing the new rRCD enter into force. The legislative package is intended to enter into force in alignment with the Pact’s applicability in June 2026. Overall, the general response from the consultation bodies indicates that the proposed legislative changes could have significant consequences for asylum seekers. In particular, there appears to be limited analysis of the potential impact from the perspective of the applicants themselves. Certain changes may substantially restrict procedural rights and create challenges in ensuring full compliance with Sweden’s international obligations. While the proposals aim to implement the Pact efficiently, they raise concerns regarding the protection of individual human rights and the adequacy of safeguards within the proposed legislative framework.
On 2 April 2026, the Swedish government addressed the concerns raised by consultative bodies contending that the combination of movement restrictions and presence checks do not constitute an unlawful deprivation of liberty due to the lack of physical barriers and the large size of assigned counties. According to the Government, the new act, in order to safeguard human dignity and mitigate humanitarian risks, guarantees that basic needs like food and clothing are provided in natura even if cash benefits are reduced, provided the individual remains in assigned housing. The government further maintains that state-managed centres offer a more stable environment for children than unmonitored private housing, asserting that the best interest of the child will be a primary factor in all individual decisions, and that municipal burdens will be alleviated through expanded state compensation and clearer legal divisions of responsibility. Finally, the Government has argued that the six-month wait for labour market access is a necessary alignment with EU minimum standards and is proportionate given the goal of achieving faster asylum processing times.[8]
On 6 May 2026, the Government submitted its final legislative bill concerning the implementation of the Pact. The bill includes, inter alia, provisions on screening procedures at the external border, the introduction of border procedures in asylum cases, amendments related to the new Eurodac system, and mechanisms for monitoring fundamental rights during screening and border procedures. The legislative amendments are proposed to enter into force, for the most part, on 12 July 2026, i.e. one month after the Pact becomes applicable. It nevertheless remains unclear how the authorities will handle cases during the interim period between 12 June 2026 and 12 July 2026.
[1] The Swedish Government, Amended obectives to the Commission of Inquiry on the Adaptation of the Swedish Legal Framework for the Granting of Asylum and the Asylum Procedure to the Minimum Level Required under EU Law (Ju 2023:18), (Utmönstring av permanent uppehållstillstånd och vissa anpassningar till miniminivån enligt EU:s migrations- och asylpakt) 21 November 2024, availabe in Swedish here.
[2] Mottagandelagen, SOU 2024:68, p. 214, available in Swedish here.
[3] The opinions of the consultative bodies can be found here.
[4] Utmönstring av permanent uppehållstillstånd och vissa anpassningar till miniminivån enligt EU:s migrations- och asylpakt, SOU 2025:31, available here.
[5] Migrations- och asylpakten, volym 2, Ds 2025:30, available here.
[6] The opinion of the Human Rights Institute and of other consultation bodies on Ds 2025:30 can be found here.
[7] The bill was published on the Governments webpage on the 6 April 2026, see here, but sent for revision by the Council of Legislation (Lagrådet) already on the 23 Mars 2026, see here.
[8] Proposition 2025/26:229, En ny mottagandelag, available here.