sou · GXB375 · 2010-01-01 00:00:00 — Vårt förslag att införa särskilda bestämmelser om registrering av personer som omfattas av rörlighetsdirektivet, men som inte ska folkbokföras innebär att dessa personers tillvaro i landet kommer att underlättas vilket i sin tur innebär att fullgör sina EG-rättsliga förpliktelser på ett bättre sätt än . Förslaget innebär inte i sig några kostnader i denna del. Däremot måste registrera uppgiften om uppehållsrätt vilket medför kostnader för ändringar av IT-systemen. Förslaget att endast ska kunna ta emot flyttnings- anmälningar medför inga kostnadsökningar. Förslaget att överförmyndaren ska underrätta när ett förvaltarskap anordnas, jämkas eller upphör medför vissa kostnader för överförmyndaren och för . får en kostnad för att göra om IT-systemen så att det blir möjligt att registrera en ny uppgift. Vi föreslår också att ett dödsbo till får anmäla en särskild postadress till en avliden. Förslaget medför inga kostnadsökningar. Förslaget att upphäva den särskilda straffbestämmelsen innebär att det blir möjligt att använda sig av vitesinstitutet som påtryck- ningsmedel på den som inte fullgör sina skyldigheter enligt folkbokföringslagen och en anpassning till bestämmelser. Vi föreslår att huvuddelen av bestämmelserna som innebär att församling ersätts av distrikt och kommun ska träda i kraft . Förslagen rörande uppgift om skyddsbehov ska träda i kraft . Våra övriga författningsförslag ska träda i kraft . We have been tasked with conducting a general review of the Population Registration Act (1991:481). We shall consider whether the provisions of the Act serve their purpose taking into consideration the information in the population register. According to the terms of reference, the review is to especially examine the following issues. How the current construction of personal identity numbers can be changed so that the need for more numbers can be met. How the system of coordination numbers works in practice. Whether the population register should continue to be connected to church parishes or whether a different solution should be chosen. Whether it would be appropriate to introduce legislation concerning security marking of information in the population register database, and how security-marked information should be treated in transfers to other agencies. Whether regulations concerning entering children with double in the population register are appropriate and compatible with the best interests of the child. According to the supplementary terms of reference, we have been instructed to examine whether there is a need for special regulations, when entering EU citizens and their family members in the population register. Our examination of the first two issues listed above was presented in our interim report in 2008, SOU 2008:60 Personal Identity Numbers and Coordination Numbers. In this final report, we report the results of the general review and other issues. One important purpose of population registration is that various functions in society should have a correct basis for their decisions and other measures. The information in the population register should reflect the actual place of , identity and family law circumstances in order to provide functions in society with a correct basis for decisions and measures. A great deal of importance must be attached to this purpose in the design of the regulatory framework. This concerns, for instance, the issue of which persons should be registered in the population register and where in a person should be considered to be resident. We have applied a number of controlling principles when assessing whether reasons exist to change the provisions of the Population Registration Act concerning the persons to be registered in the population register and on their correct place of . These provisions should be symmetrical as far as possible. Those covered by Swedish regulations to a great extent should be registered in the population register. Moreover, no importance should be attached to the wishes of the individual for population registration. Finally, the same regulations should apply for EU citizens and their family members as for other people. has an obligation to apply the EC acquis communautaire including the Free Movement Directive1. The Free Movement Directive contains the conditions that may be applied to EU citizens and their family members when they move between and stay in Member States. No review has been made of whether the provisions of the Population Registration Act are compatible with EC legal provisions since became a member of the EU. We have therefore analysed whether the Free Movement Directive contains provisions which may affect population registration and whether there are provisions in the Population Registration Act that conflict with the Free Movement Directive. We consider that registration in the population register only of people who should be considered as being resident in in the sense intended in the Population Registration Act does not conflict with the Free Movement Directive. 1 Directive 2004/38/EC of Parliament and of the Council of on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. establishing where in an individual should be considered as being resident, registration of births, marriages and deaths and the allocation of coordination numbers are, in our view, not covered by the Free Movement Directive. The provisions of the Population Registration Act that entail administrative duties for the individual in connection with in are covered by the provisions of the Free Movement Directive. According to the provisions of the Free Movement Directive, the period of respite for registration of in should not be less than three months. We therefore propose that notification of moving to should be made at the latest three months after moving here. Otherwise, we do not consider that any changes are needed in the administrative procedure due to the Free Movement Directive. In our view, it is not either in conflict with the Free Movement Directive that population registration serves as the basis for rights and obligations, provided that it is possible for the individual to confirm his or her entitlement to a benefit in another way than by being registered in the population register. Persons who are to be registered in the population register We have considered that the current rules on population registration when moving to largely serve their purpose and that no major changes are required. The praxis that a person shall be considered as regularly spending the night in a country where he or she in the normal course of life spends the night at least once a week or another organisation of time of the same extent should be covered by the legislation. We are also proposing certain changes in order for the provisions to better serve the purpose of population registration. An alien who is obliged to have a permit shall not be registered in the population register if he or she does not have such a permit unless there are exceptional reasons for his or her none the less being registered in the population register. The requirement for a permit has been justified by the fact that an alien who is staying in without the necessary permit should not have access to those benefits that would ensue if he or she were registered in the population register. A person who is covered by the regulations on the right to reside under Chapter 3 a, section 3 or 4 of the Aliens Act (2005:716) should be registered in the population register if he or she has such a right.This means that people at present may be registered in the population register who neither have a right to reside nor a permit and who accordingly are not entitled to stay in for more than three months. If a person who is registered in the population register does not have a right to reside, he or she does not either have a right to equal treatment with Swedish citizens after the initial three months in . When these individuals are registered in the population register, they will probably be given equal treatment to a great extent since a number of regulatory frameworks use population registration as a basis for qualification for entitlement to, for example, various benefits. We therefore propose that a person who is covered by the regulations on the right to reside under Chapter 3 a, section 3 or 4 of the Aliens Act should be registered in the population register if he or she has a right to reside. If the person does not have a right to reside he or she should be registered in the population register if there are exceptional reasons or if the person is required to have a permit and has one. It shall be possible for the to obtain a statement from right to reside. shall also have direct access to information about the name, Swedish personal identity number and, when relevant, the coordination number, a certificate on the right to reside and the date of registration or application for a card. The information at the relating to population registration concerning the personal circumstances of an individual, which the agency has obtained from , shall be regarded as confidential if disclosure can be assumed to be detrimental to the individual or his or her next-of- kin. Children born outside not be registered in the population register from birth. However, children born outside be registered in the population register if the childs mother or father is registered in the population register as being stationed abroad on Swedish government service. If only the father is registered in the population register, he shall moreover have custody of the child. A child which is adopted by a person who is stationed abroad on government service shall be registered in the population register if the adoption is valid in and the child is under 12 years of age. If the father or a parent under Chapter 1, section 9, of the Children and Parents Code, has been stationed abroad on government service, but does not have custody of the child from birth or by adoption, his or her child, which is born abroad, should be registered in the population register if the child can be considered as having sufficient links to . A child referred to in the above proposals need not have a permit or a right to reside to be registered in the population register. In the assessment of whether an alien who needs a permit to stay in can no longer be considered as having his or her normal in , it shall be taken into account whether he or she lacks such a permit. The correct place of in the population register Parish replaced by municipal district Population registration has taken place for a long time in a territorial parish within the Church of . As long as the Church of administered the population register, it was natural for population registration to take place on the basis of the churchs territorial parishes. Since 1 January 2000, the Church of has decided on changes in the territorial parishes. Accordingly, the state no longer has any influence over the territorial division into parishes. If population registration in a parish ceases, this has consequences in a number of areas. Information about the parish is currently used, inter alia, as a basis for administrative divisions, statistics and research. The activities of the Church of are furthermore based on the division into parishes and a change will therefore have major consequences for activities related to the Church. This applies, in particular to burials and burial fees, which the state is ultimately responsible for, but also collection of church fees. We have carried out a questionnaire survey to obtain knowledge, inter alia, about the extent to which division into parishes is actually used today and the consequences that may ensue from various changes. The responses to this survey show that the need of the division into parishes applied by the Church of from time to time must now be considered as being relatively limited in a wider societal perspective. This need will also probably decrease apace with continuing mergers of parishes. However the result of the survey shows that there is a need of another corresponding division in the population registration, which is stable. We consider that it is inappropriate on grounds of principle to base the countrys civil population registration on the internal division into organisational units of a religious denomination. This division has moreover become very unstable and more mergers of parishes can probably be anticipated. There are examples of divisions which are no longer suitable for civil conditions, for example when a parish extends over several municipalities. There is also a limited need of a division into parishes. In the light of this, we are therefore proposing that population registration should no longer take place in a territorial parish within the Church of . Population registration should take place according to the municipality as well as by and apartment. The place of population registration shall be the municipality where the individual is registered in the population registration and the place of at birth shall be the municipality where the new-born child is to be registered in the population register. We further propose that the National Land Survey should no longer include information about the Church of parishes in the property register with the register map but that the Church of should be responsible for reporting the division into parishes. To meet the need of a stable division between properties and municipalities, we propose that a new division be introduced between property and municipality called a district. The geographic form of the district should be based on the division into parishes that applied in 1999/2000. The name of the districts shall be specially investigated by the National Land Survey in consultation with other agencies and organisations. The Government shall decide on the name of districts and on any changes in their names. Decisions on introducing districts and changing the geographic extent of districts shall be made by the Government. The exact geographic extent of the districts shall be specially investigated by the National Land Survey. The districts need not comply with property boundaries but they shall always comply with municipal boundaries. The national land surveys shall decide on changes of the districts boundaries in the event of registration of properties over municipal boundaries. Land Survey shall draw up the layer of districts in the register map. The national and municipal land survey agencies shall update the register map in the event of changes in the districts. Information about districts shall be included in the address part of the property register and linked to the address of the site. Codes shall be allocated to the districts. Statistics , together with the and the National Land Survey, investigate how this is to take place. The codes for districts shall be available to the public. Population registration should not be made according to districts. However, information about districts shall be registered in and be able to be notified from the population register database. A person who is registered in the population register in a municipality or under the heading without known place of be provided with a burial plot at a public cemetery in the parish where the property at which he or she was last registered in the population register is located. A person who is registered in the population register in a municipality or under the heading without known place of pay the burial fee to the principal, unless it is a municipality, in whose administrative area, the person liable to pay the fee was last registered in the population register. If individuals are no longer registered in the population register in a parish, the Church of must then provide the state with information about the division into parishes in such a way that this information can be linked to particular persons. and the Church of be instructed to investigate in more detail the information needed to administer the burial fee and the church fee and how exchange of information is to take place to enable efficient collection of fees. We consider that there should be a separate inquiry into the issue of how other activities currently based on the parishes of the Church of should be dealt with in future. The correct place of in the population registration The present basic structure shall be retained, namely that a person should be registered in the population register at the property and in the municipality where he or she is considered to live, a person who lives at a property which contains a number of apartments shall also be registered in the population register at the apartment, a person is considered to be resident at the property when he or she regular spends, or when a move to another apartment has taken place, can be assumed to regularly spend the night there, and a person is considered to regularly spend the night at a property where he or she spends the night at least once a week or another organisation of time of the same extent . However, we propose that, with regard to the assessment for a person with double , that he or she be considered to be resident at the property where he or she, taking into consideration all circumstances, may be considered as having his or her normal . This assessment shall accordingly be made less stringent, and more flexible, so that it is not the case, as today, that it is largely only the place of of the family or the place of work for a person without a family, which is important. However, great importance shall still be attached to the family in considering where a person is regarded as being resident. A new provision on population registration of persons who lack a known place of be included in the Population Registration Act. This provision shall make clear that population registration without a known place of may only be made if the persons , applying other provisions, cannot be attributed to a municipality and the person cannot be assumed as having moved abroad. Today, a stay of six months shall not lead to changed place of . This provision is important, in particular for single persons. For persons with a family, longer stays may entail an unchanged place of . The current provisions on exceptions from change of population registration in the event of temporary stays at another place entail a deviation from the principle that population registration shall show where a person is actually residing. For a person with a family, it may furthermore be the case that the information in the population register does not comply with the actual circumstances for a longer period of time. We have attempted to avoid this as far as possible, in order for the population register to serve its purpose. However it is reasonable that population registration is not changed during short periods of stay. A temporary stay of six months may in many cases be experienced as far too short. We propose that a period of decided in advance of at most a year shall not be considered to lead to changed population registration, regardless of whether a person has a family or not. We further consider that the provisions in the Population Registration Act, in the absence of strong reasons to do otherwise, should be the same for single and married persons. The special exception for time-defined periods of for people with families should therefore be removed. The provision relating to members of parliament and government ministers should remain unchanged. However, exceptions for periods of due to appointment as a member of a committee or commission and for special appointments by the Riksdag should be removed. A new provision should be introduced concerning full- time paid elected representatives in county councils. A period of due to an appointment of this kind shall not lead to a change of in the population register. The provision that a period of solely due to service under the Total Defence Duty Act shall not be considered as leading to changed place of be removed. The provisions concerning stays due to care at an institution for young people or for addicts have been slightly changed. For a child living with special services under the Act concerning Support and Service for Persons with Certain Disabilities (LSS), this stay should not lead to a change of . Persons living in residential facilities for the aged shall, as a main rule, be considered as being registered in the population register there. However, as exception no change shall be made in population registration if stay in a residential facility for the aged in another municipality than that where the individual is registered has been decided upon by the municipality where the person is registered. Population registration for children To facilitate the investigation in cases where the parents provide contradictory information on where a child is resident, special consideration is to be given, when determining where a child with double is considered to be resident, to whether there is a judgment with legal force or an agreement approved by the social welfare committee, which regulates the issue of a childs custody, or access. If the childs differs to a considerable extent from the content of the judgment or agreement, the judgment or agreement shall be disregarded. Another proposal that we are making to facilitate investigation by the is that a child which lives equal amounts of time with both parents shall, when moving house, be considered to be resident at the parent whom the parents have reached agreement on. A decision on population registration without prior notification of a change of address applies from and including the date of the decision. When notification of change of address for a child is rejected because it has not been signed by both parents and the decides on the childs population registration after investigation of , this may lead to the child being registered in the population register a long time after move, which may be to the disadvantage of the parent with whom the child lives, who, during the intervening period, is deprived of certain allowances. To avoid these disadvantages, the same rules shall apply as in population registration after notification of a change of address in those cases where the decision on population registration has been notified without prior notification of change of address, i.e. the decision shall apply from the date of the move or from the date of notification. A person with custody of a child shall have the right to appeal alone against a decision on the childs population registration. On application, the shall make a notation in the population register that an individual or a next-of-kin of the individual may be exposed to threats or violence or suffer serious injury, i.e. that they have a need of protection. appeal against a refusal of such a request. The need for information on the need of protection shall be reviewed at the latest within three years of the date of registration. It shall be possible to appeal also against a decision to remove such information. should in its investigation on protection requirements obtain a statement from the authority or another body that may be assumed to be able to provide information. However, no statutory regulation is proposed of what an application for a need of protection is to contain. shall, in cases concerning information on a need of protection, be able to decide to make a notation on a need of protection for the period until a decision has been notified on the matter, which has attained legal force.