En rättssäker lagstiftningsprocess? - En kritisk granskning av utredningsväsendets funktion

Sammanfattning: Recently, the Swedish Government has prepared and implemented criminal policy reforms aimed at combating serious and organized crime. Several of the legislative proposals have been criticized by the investigative system, whose purpose is to ensure the quality of the judicial system and quality assurance of new legislative proposals. The purpose of the essay is to give the reader a deeper understanding of the function of the investigative system and to investigate the extent to which the views of the investigative system are taken into account by the government in connection with new legislation. To achieve the purpose of the essay and answer its questions, a critically oriented legal dogmatic method has been applied. The investigative system consists of the committee system, the referral procedure and the legislative review. The essay contains an account of the function of each and the democratic starting points. Furthermore, the paper contains an examination of three legislative proposals in the area of criminal procedure to examine the extent to which the Government takes into account the views of the investigative system in connection with new legislation. The final analysis is devoted to examining the function of the investigative system from a critical perspective and analyzing its importance for the quality of legislation and legal certainty. The conclusion of the essay is that the democratic starting point, that all power emanates from the people, is fundamental. The Government is not and should never be obliged to consider the views of the investigative body in connection with new legislation. For the current system to work, it is important that the Government, in connection with new legislation, gives the investigative bodies the right conditions, takes their views into account and that the function of the Legislative Council is respected in order to maintain a good quality of legislation that is fundamental to legal certainty and democracy. The legal certainty of the current legislative process requires that the rules of the system are respected by the Government.