Huliganlagen

I samband med att matchen på Hovet mellan AIK och Leksand fick avbrytas på grund av att AIK-publiken kastade in saker på isen samtidigt som någon dåre tog sig ner till Leksands bås där han uppträdde hotfullt, har debatten om den så kallade Huliganlagen (DS2008:20) blossat upp igen.

I oktober skrev Dagens Nyheter att förslaget hade klubbats av regeringen, men det kritiserades då som otillräckligt av bland andra Sune Hellströmer, generalsekreterare vid Svenska Fotbollsförbundet, medan supporterklubbarna hävdade motsatsen. Igår aviserade riksdagen att man skulle fatta beslut om lagen men debatten drog ut så pass mycket på tiden att beslut aldrig fattades. Istället väntas lagen klubbas igenom vid nästa beslutstillfälle som är på onsdag nästa vecka – allt för att lagen ska hinna träda i kraft den 1:a april, dagar innan den allsvenska premiären.

Många som reagerar på lagförslaget hänvisar till risken för godtyckligt myndighetsutövande och att gemene mans rättssäkerhet sätts ur spel när polisen (via åklagarbeslut) får möjlighet att utfärda omedelbara tillfälliga tillträdesförbud till arenan. Principfrågan gäller alltså polisens rättighet att tillfälligt förbjuda någon som eventuellt kan komma att begå en brottslig handling.

Även om det ursprungliga lagförslaget har förändrats till det bättre (i det första förslaget skulle ett tillfälligt tillträdesbeslut bland annat skrivas in i belastningsregistret – så är det inte längre) så är det svårt att helt och fullt sympatisera med utformningen av lagen. Utgångspunkten för polisens rätt att utfärda tillfälliga tillträdesförbud bör vara faktiska brottsliga handlingar – inte potentiella.

Även om jag tvivlar på att ikrafträdandet av lagen kommer att påverka gemene ”vanlig” supporter överhuvudtaget och att polisen faktiskt kommer att syssla med godtyckligt myndighetsutövande så är utformningen av lagen princpiellt förkastlig och det är ju känt sedan innan att lagstiftning sällan fungerar i preventivt syfte.

Det här inlägget postades i Fotbollspolitik, Supportrar och har märkts med etiketterna , , , , , , , . Bokmärk permalänken.

208 kommentarer till Huliganlagen

  1. Gambleputti skriver:

    Det jag tycker är märkligt, är att lagen egentligen inte tillför något, den förbjuder saker som redan är förbjudna.
    Känns som en pappersprodukt som troligtvis inte kommer att förändra någonting och vars enda syfte är att tillfredställa gamarna.

    Möjligheten till godtyckligt myndighetsutövande är ju knappast något nytt, Polisen kan väl plocka in folk redan idag på godtyckliga grunder. Men det är väl så att folk tror att det är som i filmer, att polisen måste läsa upp rättigheter och berätta vad man är anhållen för.

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  2. Daniel skriver:

    Den förbjuder visserligen saker som redan är förbjudna men syftet är väl att göra processen enklare antar jag.

    Ja, det är med godtyckligt utövande är en löjlig diskussion – men det försvarar inte att lagen rent principiellt inte är helt OK.

    Daniels senaste blogginlägg..Huliganlagen

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