Focus on the dynamics of law in cross-border cooperation

What are the police authorised to do on each side of the border between Sweden and Norway? What are the differences between the legislations of the two countries? And how can we achieve manageable and practicable cross-border cooperation?

The inauguration of the common border police station Morokulien in northern Värmland is preceded by many questions. Here are a few of the questions that have arisen:

• What authority should Swedish and Norwegian police have to patrol on the other side of the border?
• Could there be a Swedish and a Norwegian police officer in a patrolling car that is permitted to patrol both sides? What should apply in such a situation and who should act as supervisor of the two?
• Swedish police carry firearms, Norwegian police do not.
• Transfer of data – Swedish authorities are not permitted to disclose personal information to another country as they see fit.

Students enrolled in the law programme at Karlstad University have come a long way in mapping these questions in two Bachelor’s projects.

- Both projects are very successful, says Anders Hultqvist, Professor of Law at Karlstad Business School. The Project has had an extremely good synergy effect, with the police being helpful in formulating real problems faced by the police in these matters. Using research, we have identified the parts of the legal documents that delimit these cross-border issues. The work that our students have done can also be used when the police turn to the Swedish Parliament and ministries in matters concerning future legislative changes to create more well-defined prerequisite for police cooperation.

- In the short term, the students’ work has given the police a good idea of what can be done in our cooperation with Norway, says Lars Wirén, Police Commissioner and Head of Police District Värmland. The students have also helped us identify challenges that need to be addressed in the longer term.

Manageable in practice

The legal problems that relate to national borders need to be resolved from the perspective of international law, constitutional law and police law as well as from a human rights perspective. On both sides of the border.

- These matters demand a clear framework, says Anders Hultqvist. We need to consider the implementation aspect – will this be practicable for the police in both Sweden and Norway. This is truly a project that shows the complete dynamics of law, spanning several legal areas that must come together as a practically manageable whole. Following the project, Karlstad University may contribute with contract education addressing these matters.