Green MEP Alice Kuhnke has asked the European Commission to assess whether a Swedish government proposal to revoke previously issued permanent residence permits is compatible with EU law and fundamental rights. The proposal, which would affect beneficiaries of subsidiary protection, long-term residents, and refugees including quota refugees, has been deemed unlawful by a coalition of Swedish lawyers for violating the Swedish Constitution and the EU Charter of Fundamental Rights.
The parliamentary question, submitted on 14 April 2026, targets a national inquiry that positively assessed the legality of revoking such permits. Kuhnke notes that while EU law does not oblige member states to issue permanent residence permits, the proposal falls within the scope of EU law, meaning general principles of EU law apply. She cites CJEU case law holding that retroactive legislation is permissible only under very limited conditions.
Concrete asks and policy direction
Kuhnke's question contains two specific requests: first, whether the Commission considers the proposal compatible with CJEU case law and fundamental rights such as respect for private and family life and the rights of the child; second, whether the Commission would initiate infringement proceedings against Sweden if the proposal is enacted. The MEP's intervention signals a push to uphold EU legal standards and protect the rights of long-term residents against retroactive policy changes.
Expected follow-up
The Commission is expected to reply within approximately six weeks. Its answer will indicate whether it views the Swedish proposal as a potential breach of EU law, and whether it is prepared to take enforcement action. The outcome could set a precedent for other member states considering similar measures.