DOCSLIB.ORG

The Co-Constitution of Heroin Crime Narratives of Smugglers and Dealers Meet the Judicial Practices

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Co-Constitution of Heroin Crime Narratives of Smugglers and Dealers Meet the Judicial Practices View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by NORA - Norwegian Open Research Archives The co-constitution of heroin crime Narratives of smugglers and dealers meet the judicial practices Mette Irmgard Snertingdal Dissertation submitted for the degree philosophiae doctor (PhD) at the Department of Sociology and Human Geography Faculty of Social Science University of Oslo February 2010 © Mette Irmgard Snertingdal, 2010 Series of dissertations submitted to the Faculty of Social Sciences, University of Oslo No. 224 ISSN 1504-3991 All rights reserved. No part of this publication may be reproduced or transmitted, in any form or by any means, without permission. Cover: Inger Sandved Anfinsen. Printed in Norway: AiT e-dit AS. Produced in co-operation with Unipub, Oslo. The thesis is produced by Unipub merely in connection with the thesis defence. Kindly direct all inquiries regarding the thesis to the copyright holder or the unit which grants the doctorate. To the smugglers and dealers who shared their story Acknowledgments Initiated by the SIRUS researcher, Anne Line Bretteville-Jensen in 2005, this study was part of a larger project about the drug market in Norway. This, and other projects, have generated knowledge about the economical aspects of intravenous drug use, and estimates of the numbers of such drug users in Norway. However, knowledge about the dealers and importers of heroin was relatively slim in Norway. Therefore, SIRUS wanted to conduct a study that could contribute to the understanding of the heroin market`s division of labor, actors, and development. To complete the study, Bretteville-Jensen contacted professor Per Ole Johansen, at the Department of Criminology and Sociology of Law at the University in Oslo, who recruited me for the job. Professor Per Ole Johansen and Anne Line Bretteville-Jensen supervised the first two years of the study, which resulted in the publication of a SIRUS report. This part of the study was partly financed by the Norwegian Ministry of Justice and Police. I want to thank Per Ole Johansen for opening the door to SIRUS for me, and for his support and guidance throughout the first part of this study. After the report was published, I developed the study resulting in this dissertation, which focuses on what happens when the heroin smugglers and dealers’ stories are presented in court. The central questions are: What types of stories do the heroin smugglers and dealers tell? How can these stories be analyzed? What happens to these stories under judicial scrutiny? Do any of the offenders’ narratives influence the court? In other words, when the judges issue punishment, do the defendants benefit from having their stories told? SIRUS has financed and supported me through the entire Ph.D. period. I am grateful to the institute and Director Jostein Rise for prioritizing a study that breaks with the dominant epidemiological and quantitative approach to drugs and alcohol research. I am also very thankful to Anne Line Bretteville-Jensen, who has been the project leader and my SIRUS supervisor throughout the entire study. Her sharp logic and detailed knowledge about heroin and heroin users have proven invaluable to my work. Most importantly, Anne Lines’ support has been indispensible; her encouragement has kept me going and on track. Professor Wendy Griswold and Professor Willy Pedersen have been my supervisors at the Department for Sociology and Human Geography at the University in Oslo. I want to thank them both for their assistance. Wendy Griswold is not only a brilliant sociologist, but she also has the ability to inspire and share her insights in a positive, constructive way, which makes her student brighter. Willy Pedersen is a thorough and diligent reader, who always gives quick responses. I especially appreciate his help in shaping the dissertation into a more coherent whole. I also want to thank a number of friends and colleagues who, in different ways, have contributed to this dissertation: Cecilie Basberg Neumann, Grethe Lauritzen, Ragnar Hauge, Odd Hordvin, Tord Finne Vedøy, Hilgunn Olsen, and Ingeborg Rossow. A special thank you goes to Pekka Hakkarainen, for generously sharing his extensive knowledge about drug cultures and drug policy, and for being an empathic and stimulating discussion partner; but most of all, for taking my hand at the right moment and not letting go. Dear, dear Charlotte, thank you for your cooperation and patience. I am looking forward to the day when I will answer your question, “Mamma, what are you thinking about?” not with “heroin” or “prisoners,” but with the response you want to hear - “us.” Oslo, February 2010 Mette Irmgard Snertingdal Table of Contents 1. Introduction .......................................................................................................................... 1 Why heroin smugglers and dealers? ....................................................................................... 1 Why the offenders’ stories? ................................................................................................ 5 Why the judicial practices? ................................................................................................ 7 This study’s research questions .............................................................................................. 8 The structure of the thesis ...................................................................................................... 9 2. Methods ............................................................................................................................... 11 About the sample of interviews ............................................................................................ 11 The prison as a context of the interviews ............................................................................. 12 Rapport, neutrality, objectivity and reflexivity .................................................................... 15 Why did the offenders want to talk to a researcher? ........................................................ 17 What was the frame of the interview? .............................................................................. 20 What did the offenders want to talk about? ...................................................................... 22 How did we talk? The importance of humor .................................................................... 23 The male offenders ........................................................................................................... 25 The female offenders ........................................................................................................ 28 Confidentiality and anonymity ............................................................................................. 29 Analysis Strategies: Pre-knowledge and reflexive method .................................................. 31 Toward a narrative analytical framework ........................................................................ 33 Two interpretation positions: Defense and prosecution ................................................... 33 Getting to the story, four steps ......................................................................................... 37 About the sample of Court Decisions .................................................................................. 39 The statistics ..................................................................................................................... 40 Coding the appellate court decisions ................................................................................ 43 Document analysis ............................................................................................................... 44 Getting to the judicial logic three steps ............................................................................ 45 3. Previous studies: Introduction .......................................................................................... 50 Street-level dealing: A subcultural approach ....................................................................... 50 What characterizes drug users/dealers? ............................................................................ 51 What characterizes the subculture of drug use/dealing? .................................................. 52 What are the required opportunities in order for a subculture to develop? ...................... 54 Subculture theory and the labeling theory link ................................................................ 55 Upper-level drug trafficking: An organized crime perspective............................................ 56 What characterizes upper-level drug dealers/traffickers? ................................................ 57 Upper-level dealing/trafficking and the ethnic minority link ........................................... 59 4. Narrative analysis: Introduction ....................................................................................... 62 Key assumptions in narrative analysis: The importance of language .................................. 62 Representations and power ............................................................................................... 63 Central concepts: Narrative, story and plot ...................................................................... 67 How is narrative analysis applied in empirical studies?....................................................... 68 Making sense
Load more

Recommended publications
  • Annual Report for 2004
    Norwegian Criminal Cases Review Commission Annual Report for 2004 The Norwegian Criminal Cases Review Commission is an independent body which considers whether a convicted person should have his/her case retried by another court. 1 Norwegian Criminal Cases Review Commission Annual Report for 2004 The Criminal Cases Review Commission’s activities and composition The Criminal Cases Review Commission was set up following a revision of Chapter 27 of the Criminal Procedure Act. The amendment came into force on 1 January 2004. The Commission has five permanent members and three alternates, all of whom are appointed by the King in Council. The Chairperson, Vice Chairperson [I’m not sure whether this is the done thing in Norway – our first chairperson was female and this is the way she was designated] and one member must hold a university degree in law [LLM]. The Chairperson is appointed for a period of five years and members for a period of three years. The Commission is made up as follows: Chairperson: Janne Kristiansen Vice Chairperson: Ann-Kristin Olsen, Governor of Vest-Agder County Members: Vidar Stensland, Court of Appeal Judge at the Hålogaland Court of Appeal. Svein Magnussen, Professor of Psychology at the University of Oslo. Anne Kathrine Slungård, Director of Communications at SINTEF. Alternates: Anne Elisabeth Landsverk, District Court Judge at the Skien and Porsgrunn District Court (until October 2004) Helen Sæter, District Court Judge at the Fredrikstad District Court (from October 2004) Harald Stabell, advocate and defence counsel Øystein Mæland, Chief Consultant/Head of Department at Ullevål University Hospital. The Commission’s Chairperson is also employed full-time as Head of the Secretariat.
    [Show full text]
  • The Supreme Court of Norway
    THE SUPREME COURT OF NORWAY On 28 June 2017, the Supreme Court gave judgment in HR-2017-1297-A, (case no. 2017/445), civil case, appeal against judgment and case no. 2017/474, appeal against order ING Bank N.V. (Counsel Henning Harborg Counsel Peder Alvik Sanengen – qualifying test case) v. The Bankruptcy estate of (Counsel Kristoffer Larsen Rognvik Bergen Bunkers AS – qualifying test case) Assisting counsel Egil Horstad) OPINION: (1) Acting justice Kaasen: The case concerns the dismissal of an action from a Norwegian bankruptcy estate against a foreign secured party due to lack of jurisdiction, and the choice of law if the case is not dismissed. (2) Bergen Bunkers AS (hereinafter Bergen Bunkers) engaged in the purchase and sale of bunkers (ship fuel) and in bunker brokerage. The company was wholly owned by O.W. Bunker Norway AS, and both companies were part of a large group. The Danish company O.W. Bunker & Trading A/S was the parent company of the group and had subsidiaries in a number of countries. (3) ING Bank N.V. (hereinafter ING) is a Dutch bank acting as agent and lender under a loan agreement where a number of lenders granted the O.W. Bunker group a loan of 2 USD 700 000 000. The loan agreement was entered into on 19 December 2013 under the condition that the Danish parent company and a total of sixteen other group companies granted security for the loan. ING would also be granted a security interest in the group companies' trade receivables. (4) Bergen Bunkers was not a direct borrower under the loan agreement, but the loan amount was "streamed" downwards in the group so that Bergen Bunkers could also benefit from the loan.
    [Show full text]
  • Data Analysis of the Pilot Courts Replies to the Questionnaire Prepared by the Steering Group of the SATURN Centre
    Strasbourg, 11 December 2008 CEPEJ- SATURN(2008)7 EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) Groupe de Pilotage of the SATURN Centre for judicial time management (CEPEJ-SATURN) Data analysis of the pilot courts replies to the questionnaire prepared by the Steering Group of the SATURN Centre Working document Data analysis of the pilot courts replies to the questionnaire prepared by the Steering Group of the SATURN Centre of the Commission for the Efficiency of Justice of the Council of Europe − Draft, 20 November 2008 Marco Fabri and Domenico Piscitelli1 Research Institute on Judicial Systems, National Research Council, Italy Research Centre for Judicial Studies, University of Bologna, Italy Introduction This analysis is based on the replies to the questionnaire designed by the SATURN Centre of the Commission for the Efficiency of Justice of the Council of Europe. The first section is an Executive Summary, the second section is the Data Analysis. The Appendix, as requested by the SATURN working group, entails four documents: a) the detailed tables that were not decided to include in the main Data Analysis, b) the complete answers to the so called “hypothetical cases”, c) the questionnaire, d) the Programme known as “Strasbourg” implemented by the court of first instance of Turin, Italy. Executive Summary Data analysis synthesis The courts that replied to the questionnaire were 79 from 27 countries. Most of the replies came from Serbia (27), “the former Yugoslav Republic of Macedonia” (15), and Georgia (5). As agreed by the SATURN Group, in order to have a balanced database, it was decided to include in this analysis only the official pilot courts, and not more than two courts for the countries mentioned above.
    [Show full text]
  • Durham E-Theses
    Durham E-Theses On the Legitimacy of Economic Development Takings DYRKOLBOTN, SJUR,KRISTOFFER How to cite: DYRKOLBOTN, SJUR,KRISTOFFER (2016) On the Legitimacy of Economic Development Takings, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/11559/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk On the legitimacy of economic development takings Sjur Kristoffer Dyrkolbotn Thesis submitted to Durham Law School at Durham University for the degree of Doctor of Philosophy 24th March 2016 99 947 words excluding bibliography Contents List of Abbreviations 2 Abstract 7 Acknowledgements 9 List of Abbreviations 10 1 Introduction and Summary of Main Themes 11 1.1 Property Theory and Economic Development Takings . 15 1.2 A Democratic Deficit in Takings Law? . 19 1.3 Putting The Theory to the Test . 21 1.4 A Judicial Framework for Compulsory Participation .
    [Show full text]
  • The Two EEA Courts’ – a Norwegian Perspective 1
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by NORA - Norwegian Open Research Archives ‘The two EEA Courts’ – a Norwegian perspective 1 Dr. Halvard Haukeland Fredriksen, University of Bergen A. Introduction – the notion of ‘EEA Courts’ To most Norwegian lawyers, the term ‘the two EEA Courts’ would probably be understood as a reference to the EFTA Court and the Supreme Court of Norway rather than, as suggested here, to the EFTA Court and ECJ. The understanding of the ECJ as not only an EU but also an EEA Court of Justice has only slowly sunk in to the Norwegian legal community.2 However, not least due to the somewhat troubling prospects to the free movement of capital in the EEA offered by the ECJ’s application of Article 40 EEA in a recent string of cases, 3 appreciation of the ECJ as the gatekeeper for market operators from the EFTA States seeking judicial protec- tion in the EU appears to gain ground: If the ECJ embarks on an interpretation of EEA law which differs from its own interpretation of corresponding provisions of EU law, the result will be gradual undermining of the Agreements overall goal to extend the internal market to include the EFTA States. Thus, the fate of the EEA Agreement at long last hangs on its continued acceptance by the ECJ. Even acknowledging that the ECJ is to be understood as an EEA Court, most Norwegian lawyers would probably argue that this raises the number of EEA Courts to three – the Supreme Court of Norway, the EFTA Court and the ECJ.4 A recent survey of the applica- tion of EEA law in Norwegian courts 1994-2010 has revealed that lower Norwegian courts indeed do appear to see the Supreme Court as an EEA Court proper, taking its decisions into 1 Readers with command of Norwegian should be warned at the outset that this contribution draws heavily upon the more extensive account in the author’s report ‘EU/EØS-rett i norske domstoler’ [EU/EEA law in Norwegian Courts], Report commissioned by the Norwegian EEA Review Committee, Oslo 2011.
    [Show full text]
  • The Supreme Court of Norway - Order - HR-2019-2206-A
    Utskrift fra Lovdata - 15.01.2021 15:16 The Supreme Court of Norway - Order - HR-2019-2206-A Authority The Supreme Court of Norway – Order Date 2019-11-27 Published HR-2019-2206-A Keywords Civil process. Jurisdiction. Lugano Convention. Summary A number of European truck manufacturers had been charged with extensive fines by the European Commission for price fixing. Posten Norge AS with Norwegian and foreign subsidiaries had purchased a large number of trucks from these manufacturers, also from one manufacturer's Norwegian subsidiary. This subsidiary was not comprised by the European Commission's decision. Posten Norge AS with subsidiaries brought an action before Oslo District Court against all manufacturers together with the Norwegian subsidiary invoking Article 6 (1) of the Lugano Convention on special jurisdiction. It was held that the defendants were jointly and severally liable for the loss that the price fixing had caused for the claimants. The Supreme Court, after having conducted an oral hearing, stated that the condition in Article 6 (1) of the Lugano Convention that the claims must have been closely connected that the provision to apply – the «closeness requirement» – assumes that the same legal and factual situation creates a risk of conflicting judgments resulting from separate proceedings. The claimant carries the burden of proving that the conditions for accumulation are met. In the review, a relatively thorough assessment must be made of whether the claims are so closely connected, legally and factually, that it is expedient to hear and determine them together. The claimant must demonstrate a certain likelihood that the closeness requirement is met.
    [Show full text]
  • To Borgarting Court of Appeal Written Observations
    Brussels, 28 July 2014 Case No: 75554 Event No: 710884 TO BORGARTING COURT OF APPEAL WRITTEN OBSERVATIONS submitted, pursuant to Article 15(3) of Chapter II of Protocol 4 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, implemented in Norwegian law by Section 9(2) of the Norwegian EEA Competition Act, by the: EFTA Surveillance Authority Rue Belliard 35 1040 Brussels, Belgium Represented by Agents: Gjermund Mathisen, Senior Officer and Janne Tysnes Kaasin, Temporary Officer, Department of Legal & Executive Affairs in Case No. 13-178315ASD-BORG/02 Appellant: Bastø Fosen AS v/styrets leder Postboks 94 3191 Horten Counsel: Advokat Morten Goller Wikborg, Rein & Co. DA Advokatfirma Postboks 1513 Vika 0117 Oslo Legal representative: Advokat Simen Klevstrand Wikborg, Rein & Co. DA Advokatfirma Respondent: Color Line v/styrets leder Postboks 82 4662 Kristiansand Counsel: Advokat Gunnar Sørlie Advokatfirmaet BA-HR DA Postboks 1524 Vika 0117 Oslo Subject matter: Claim for damages for breach of competition law ________________________________________________________________________ Rue Belliard 35, B-1040 Brussels, tel: (+32)(0)2 286 18 11, fax: (+32)(0)2 286 18 00, www.eftasurv.int TABLE OF CONTENTS 1 INTRODUCTION ...................................................................................................... 3 2 THE IMPORTANCE OF PRIVATE ENFORCEMENT OF EEA COMPETITION LAW ............................................................................................... 4 3 THE
    [Show full text]
  • Supreme Court of Norway 2016
    SUPREME COURT OF NORWAY 2016 SUPREME COURT OF NORWAY - Annual Report 2016 1 CONTENTS The Supreme Court in 2016 4 Summary of Supreme Court cases and procedure 6 New Chief Justice 7 Retirement of the Chief Justice 7 Tore Schei - reflections after 30 years at the Supreme Court 8 Toril Marie Øie - her thoughts on taking up appointment as the new Chief Justice 10 Supreme Court procedure 12 From paper to tablet 16 A selection of cases 18 The Appeals Selection Committee - The heart of the Supreme Court 24 The Supreme Court and International Law 25 Supreme Court decisions 26 Justice Ingse Stabel resigns 28 New justice Espen Bergh 30 The Supreme Court's Administration 32 Merete Koren - secretary to the Chief Justice 36 County tour 2016 38 Law clerks on a study tour to Luxembourg 39 Outside the courtroom 40 External activities 41 Statistics 42 From the Supreme Court entrance hall, brass sculpture of a lion modelled by Lars Utne. Photo: Sturlason SUPREME COURT OF NORWAY - ANNUAL REPORT 2016 3 THE SUPREME COURT IN 2016 In 2015, the Supreme Court celebrated its Chief Justice Scheie’s retirement was duly celebrated. The main bicentenary and in 2016, yet another milestone event was the farewell ceremony on 29 February 2016 in the was reached. Tore Schei retired as Chief Justice Supreme Court’s Grand Chamber attended by the King, the President of the Norwegian Storting, the Norwegian Prime on 29 February 2016, after having been a Minister, the Minister of Justice and other invited guests. Supreme Court justice for exactly 30 years - to the Later that day, a reception was held in the Supreme Court day.
    [Show full text]
  • Liability Assessments and Criminal Responsibility in Norwegian Legal History
    Bergen Journal of Criminal Law and Criminal Justice • Volume 5, Issue 1, 2017, pp. 59-76 Liability Assessments and Criminal Responsibility in Norwegian Legal History SIRI ELISABETH BERNSSEN* Development towards a more nuanced study of criminal responsibility, illustrated by an analysis of cases of infanticide registered with Hordaland district court, 1642-1799. 1. Introduction and Issue The general content of the assessment of intent (forsett) was explicitly clarified for the first time in a Norwegian criminal code when the 2005 Criminal Code and its §22 came into force on 1 October 2015. Before the Criminal Code of 1902, the subjective requirement for liability was directed solely in individual regulations, and even though intent pursu- ant to §40 in this Code was established as a general main rule, it was still up to the courts to report on the content of the judgement.1 Thus it is clear that the development towards a more and more defined and nuanced study of criminal liability took place gradually. In this article, we will go even further back in time and look at how the discussion of liability and responsibility changed between 1642 and 1799, with particular emphasis on intent and related criteria. This will be achieved by analysing cases of infanticide registered with the Hordaland district court (bygdeting), which at this time was the first instance in the legal system. In this context, infanticide refers to the killing of an unborn or newborn child with the intention of concealing the pregnancy. Strict sexual morals and legislation in the wake * Cand.jur. This article is based on findings in connection to the author’s master’s thesis, Faculty of Law, University of Bergen; Bernssen ‘Skam, skuld og straff ’(2017).
    [Show full text]
  • BORGARTING COURT of APPEAL (BORGARTING LAGMANNSRETT) Doc 148
    BORGARTING COURT OF APPEAL (BORGARTING LAGMANNSRETT) Doc 148 EFTA Court 1 rue du Fort Thungen L-1499 Luxembourg Your reference Our reference Date 16-019680ASD-BORG/02 23 November 2017 Nye Kystlink AS v Color Group AS and Color Line AS Pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice ('SCA'), cf. Section 51a of the Norwegian Courts of Justice Act, Borgarting Court of Appeal (Borgarting lagmannsrett) requests an advisory opinion for use in its appeal case no 16-019680ASD- B0RG/02. 1. OVERVIEW Nye Kystlink AS has brought an action for damages against Color Group AS and Color Line AS for infringement of Articles 53 and 54 EEA. Color Group AS and Color Line AS have contested the claim for damages. It is submitted that the claim for damages has lapsed and that the conditions for awarding damages are in any case not satisfied. The case before Borgarting Court of Appeal is limited to the question of whether the claim for damages has lapsed. This question has been selected for separate consideration, so that the case before the Court of Appeal does not include the question of whether the conditions for awarding damages are satisfied. Before the Court of Appeal, Nye Kystlink AS has invoked that the EEA law principles of equivalence and effectiveness preclude a finding that the claim for damages has lapsed under national law. Against this background, the Court of Appeal has decided to submit three questions regarding the interpretation of these principles.
    [Show full text]
  • From Scandinavian Exceptionalism to Penal Populism?
    From Scandinavian Exceptionalism to Penal Populism? An Exploration of Changes in the Norwegian Penal Debate Katrine Antonsen Master´s Thesis in Criminology Department of Criminology and Sociology of Law Faculty of Law UNIVERSITY OF OSLO Autumn 2019 II From Scandinavian Exceptionalism to Penal Populism? An Exploration of Changes in the Norwegian Penal Debate. III © Katrine Antonsen 2019 From Scandinavian Exceptionalism to Penal Populism? An Exploration of Changes in the Norwegian Penal Debate. Katrine Antonsen http://www.duo.uio.no/ Print: Reprosentralen, University of Oslo IV ABSTRACT Title: From Scandinavian Exceptionalism to Penal Populism? An Exploration of Changes in the Norwegian Penal Debate. Author: Katrine Antonsen Supervisor: Peter Scharff Smith Department of Criminology and Sociology of Law Faculty of Law University of Oslo Autumn 2019 The U.S. and Western Europe have during recent decades experienced a transformation in the perception of issues of crime, punishment and public safety. This transformation has come to be labelled “the punitive turn,” manifested through increased imprisonment rates, harsher and retributive penalties, and a populist public discourse (Pratt, 2007). These are trends which criminologist have referred to as “penal populism” or a new “culture of control,” marking the end of the penal-welfare era, dominated by welfare and social policies (ibid.; Garland, 2001). International scholars have, however, argued that the Scandinavian countries have resisted these trends, due to the holding of unique egalitarian and inclusionary characteristics. These perceptions have given rise to a number of studies on Scandinavian resistance to penal excess, where the Scandinavian penal exceptionalism thesis, developed by John Pratt, has provoked and reinforced extensive discussion on the Nordic penal landscape (Pratt, 2008a; b).
    [Show full text]
  • The Supervisory Committee for Judges
    Translation from Norwegian THE SUPERVISORY COMMITTEE FOR JUDGES ANNUAL REPORT 2013 THE SUPERVISORY COMMITTEE FOR JUDGES The Supervisory Committee for Judges is a disciplinary body for Norwegian judges, including the professional judges in the district courts, the courts of appeal, the Supreme Court, the land consolidation courts and the land consolidation appeal courts. In addition to regular judges, the mechanism also includes temporary judges and deputy judges. The statutory framework applying to the functions and procedures of the Supervisory Committee is above all Chapter 12 of the Norwegian Courts of Justice Act. The Public Administration Act and the Freedom of Information Act also apply to the Supervisory Committee’s hearing of complaints, with the exceptions that follow from sections 238 and 239 of the Courts of Justice Act. The Supervisory Committee may adopt disciplinary sanctions when a judge “either wilfully or negligently breaches the obligations that are incumbent on the position or otherwise acts in breach of proper conduct of judges”, see section 236 of the Courts of Justice Act. This includes the judge’s obligations under procedural legislation and typical obligations under labour law. In the assessment of what constitutes proper judicial conduct, the Principles of Judicial Ethics, adopted by the Norwegian Association of Judges, Tekna’s Sector Union for the land consolidation courts and the National Courts Administration are important tools for the Committee. In the Committee’s decisions, these principles are being more actively applied. The principles apply to professional judges in the ordinary courts and judges in the land consolidation courts, and they are applicable to conduct both in and outside of the judges’ official functions.
    [Show full text]