NORWAY Trends and Developments Contributed by: Knud Jacob Knudsen, Nicholas Foss Barbantonis, Jenny Sandvig and Oda Lauksund Engamo, Advokatfirmaet Simonsen Vogt Wiig
• The hierarchy of the courts: Previously, the Constitution only recognised the Supreme Court among the ordinary courts. The new amendments extend to include district courts and courts of appeal. • Number of Supreme Court justices: To safe- guard against the influence of other govern- ment branches through “court packing” – the practice of appointing justices based on political affiliations, as seen in the USA – the number of justices on the Supreme Court will be capped at either 20 or 22, including the Chief Justice. • Appointment process for judges: The appointment of new judges will now be han- dled by an independent council. This change aims to eliminate political influence from the judicial appointment process. • Job security and age of judges: Judges will now have explicit protections against dis- missal and relocation and will not be affected by future changes in the civil service system. Additionally, a constitutional age limit of 70 years will be set for judges to prevent altera- tions through ordinary legislative processes. • An independent judiciary administration: The amendments constitutionally mandate that state authorities must ensure an independent administration of the courts. The New Lawyer Act The Lawyer Act, adopted on 3 May 2022, gov- erns legal professionals and entities providing legal services in Norway, unifying multiple regu- lations concerning the operation of legal prac- tices into one single statute. Key provisions include: • It is established by law that lawyers shall be independent.
• The duty of confidentiality for lawyers is codi- fied. • The supervisory and disciplinary system is simplified with fewer bodies, establishing a more efficient organisation. • External ownership in law firms is prohibited. • Non-lawyers may provide legal assistance outside of court proceedings. The Lawyer Act will come into effect on 1 Janu- ary 2025. Supreme Court Decisions Below, we have highlighted several decisions from the Supreme Court over the past year con- cerning various topics relating to the handling of civil cases. Declaratory judgments on constitutional violations – HR-2024-826-A The Supreme Court recently clarified the appli- cation of Section 1-3 of the Dispute Act, par- ticularly concerning the issuance of declara- tory judgments on constitutional violations. This decision also delineates the criteria necessary for a case to possess sufficient relevance to be heard. This case involved two women subjected to compulsory mental health care from 1988 to 2016, who argued that their treatment breached their rights under the Norwegian Constitution, the European Convention on Human Rights (ECHR), and the UN Covenant on Civil and Politi- cal Rights (ICCPR). The Supreme Court had previously established that claims for declaratory judgments regarding violations of the ECHR and the ICCPR qualify as “legal claims” permissible under the Dispute Act. The central issue in this case was whether
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