SUPREME COURT OF NORWAY SUPREME COURT ANNUAL REPORT 2014 2 CONTENTS C O N T E N T S The Supreme Court in 2014 Page 4 Summary of Supreme Court cases and procedure Page 6 The Supreme Court in 1814 and 2014 Page 7 - Establishment and appointment of justices Page 8 - New justices continue the proud tradition Page 11 - The Supreme Court expands Page 12 Preparations for the Supreme Court's bicentenary celebration Page 15 A selection of cases from 2014 Page 16 Dissenting opinions in the Supreme Court Page 22 Conventions on human rights and the Supreme Court Page 24 The EEA agreement and the Supreme Court Page 26 Supreme Court justices Page 31 The Supreme Court's administration Page 34 Court Usher - what is that? Page 40 County Tour 2014 Page 42 Outside the courtroom Page 44 Statistics Page 46 Front page, the Supreme Court's visit to the millennium site at Gulating (Photo: Henrik Tveit) 3 THE SUPREME COURT IN 2014 In 2014 we celebrated the Norwegian Constitutional Bicentenary. The Constitution established the legislative, executive and judicial branches of government, with judicial power vested in the Supreme Court and the subordinate courts. The Constitution is the foundation on which Norway, as a democracy based on the rule of law, was built. During its first fifty years as the supreme judicial power, the Supreme Court developed the basic framework of judicial review of the legislative and executive branches. All laws must conform with the limitations that follow from the Constitution. In the event of conflict, the Constitution prevails or the law must be interpreted restrictively, in order to eliminate the conflict. Executive decisions must be made within the framework of the law, and they must be based on fact and prudent administrative procedures. Executive discretion, when exercised, must not be clearly unjust. Decisions that fail to comply with these constraints are dismissed as unlawful. Over the last twenty years, the supervisory role of the judicial branch has expanded to include judicial review of law and administrative decisions, examining whether they conflict with conventions on 4 SUPREME COURT SUPREME basic human rights, which were incorporated into 1815, and there were centenary and Norwegian law through the Human Rights Act of sesquicentenary celebrations on 30 June in 1999. Many of the rights protected by these 1915 and 1965, respectively. The bicentenary conventions have now been anchored in the celebration for the Supreme Court will be held on Constitution with the constitutional amendments 30 June 2015. of May 2014. Compliance with these rights is now subject to constitutional review. 2014 was a busy year for the Supreme Court, with many important cases. This year, like last year, The judicial review carried out by the judicial we have tried to present the institution in a wider branch of the other two branches of government perspective, moving beyond mere case summaries are central to Norway's standing as a nation based and dry statistics. on the rule of law. Judicial review is a core undertaking for the Supreme Court and the As a prelude to the bicentenary, we look into two subordinate courts, along with settling disputes in "extremes" on the timeline, presenting some key civil cases and passing judgment in criminal cases. events in Supreme Court history from 1814 and 2014, respectively. The report also presents the Until the dissolution of the union with Denmark in highlights of the bicentenary celebration of 1814, there was a joint Danish-Norwegian Supreme the Supreme Court. Court based in Copenhagen. After the dissolution of the union, this became a purely Danish Supreme I hope you find the report interesting. Court, which could no longer hear cases from Norway. Putting together a Norwegian Supreme Oslo, 2 January 2015 Court took some time, but efforts to establish it began immediately upon the signing of the Constitution on 17 May 1814. The Supreme Court of Norway met for its first Tore Schei session and delivered its first judgment on 30 June 5 SUMMARY OF SUPREME COURT CASES AND PROCEDURE Section 88 of the Constitution provides that "the It is up to the lawyers to convince the Appeals Supreme Court decides in the final instance". Selection Committee that precisely their client's case should be heard by the Supreme Court in From this, it follows that the Supreme Court is the chambers. Generally, this is done in a brief and country’s highest court in all types of cases. The concise appeal, highlighting the issue or issues of main task of the Supreme Court is to contribute, principle at stake. through its decisions, to a clarification and an evolution of the law within the framework that As mentioned above, the Appeals Selection follows from the Constitution and prevailing law. Committee decides whether or not to refer an appeal to the Supreme Court for a hearing in Any appeal to the Supreme Court against a chambers. The Appeals Selection Committee is judgment by the Court of Appeal must be granted comprised of three Supreme Court justices. They leave from the Appeals Selection Committee of the decide on the basis of the case documents. The Supreme Court. The condition for granting leave to cases that go forward are decided by one of the appeal pursuant to procedural legislation is two chambers set with five justices, or, in normally that a decision by the Supreme Court will exceptional cases, by a so-called reinforced court – be of importance in terms of principle; it must a plenary session of the Supreme Court with all 20 provide important legal guidance for other cases. justices or a grand chamber set with 11 justices. Even though a Supreme Court decision will only be legally binding for the parties to that particlar case, Cases are heard orally – counsel for the appellant the Supreme Court's position as a stare decisis accounts for the legal and factual issues court means that any decision it delivers will have the Supreme Court has to consider. These oral implications for anyone involved in similar cases. proceedings are open to the public. Anyone can enter the courtroom and listen in — all you have to Many court of appeal decisions are appealed, but do is show up. The Supreme Court's website, only a small portion of these are granted leave. www.hoyesterett.no, has information on the The odds of having your case heard by the court cases to be heard, specifying the subject matter of in chambers are long, both legally and in practical each case and when it is scheduled for hearing. terms. This stringent "filtering" is necessary for the Supreme Court to have enough time to hear the When a judgment is delivered, it is published on truly important cases. the website — in the form of a brief summary as well as the full text of the judgment for anyone who might be interested. Photo: Jiri Havran THE SUPREME COURT IN 1814 AND 2014 Over the next few pages, we highlight some major events in the court's history from the constitutional year of 1814 and the bicentenary year of 2014 7 THE SUPREME COURT IN 1814 ESTABLISHMENT AND APPOINTMENT OF JUSTICES During the union, Norway and Denmark had a joint These six were Councillor Hans Falbe, Justice Peter Danish-Norwegian Supreme Court. It was seated Collett, Court of Appeal Judge Jørgen Mandix, in Copenhagen. Upon the dissolution of the union Court of Appeal Judge Jens Petter Debes, Chief by the Treaty of Kiel of 14 January 1814, this joint Local Judge Andreas Kiønig and City Judge Fredrik arrangement ceased to exist. The new situation Motzfeldt. Kiønig and Motzfeldt had participated required Norway, as a free country, to establish its in the Constituent Assembly at Eidsvoll. The age own Supreme Court. Section 89 of the Constitution of the justices ranged from 35 to 65 years old. In of 17 May 1814 thus reads: addition to the justices, a justice secretary and two clerks of record. "To decide in the final instance, one must, as soon as possible, establish a Supreme Court, which must Chief Justice Bull's annual "emoluments" was set to not comprise less than the Chief Justice and 6 4000 riksbankdaler, whereas the salary of the other appointed justices." justices varied between 2000 and 2600 riksbankdaler. The justice and clerks of record and The term "as soon as possible" was taken literally. law would be paid 1400 and 1000 riksbankdaler per On 25 May 1914, just days after the Norwegian year, respectively. Constituent Assembly, the government began working to establish the new court. They worked The government could not have found a better man fast. In July, a draft "mandate" for the Supreme than Johan Randolf Bull to take office as chief Court was ready. This draft provided that the justice. He was a man of "sound judgment and procedure would be part oral, part written, humanist values in combination with longstanding depending on the case. However, this was a experience and a pragmatic approach to the controversial issue. The debate continued almost realities of life". At 65 years old, his until the Supreme Court was formally established a contemporaries referred to him as the year later, on 30 June 1815. "distinguished old man"—a nickname that speaks volumes about the average life expectancy at the On 27 September 1814, the government appointed time, which was about 40 years. Johan Randolf Bull, the County Governor of Bergen, as the first Supreme Court Chief Justice. Councillor Falbe claimed he had been assured In addition, the six other justices—or assessors, as repeatedly by King Christian Frederik that he would 8 they were called back then—were also appointed.