The Courts of Justice consist of three instances:

Courts of Norway

Courts of Norway Courts of Norway PAGE 3 The Courts of Justice consist of three instances: the Supreme Court (Høyesterett 1 ) in the third instance, the Courts of Appeal (lagmannsrett) in the second instance and the District Courts (tingrett) in the first instance. The courts hear both civil and criminal cases. Most civil disputes are considered initially by the Conciliation Boards (forliksråd), which are to be found in every municipality and consists of lay people. The Courts of Justice are supplemented by special courts, including the Labour Court (Arbeidsrett) and the Land Consolidation Courts (jordskiftedomstolene). The courts do not take up cases of their own accord, but resolve legal disputes by considering the cases brought before them. Civil cases are brought before the courts by the parties, whereas criminal cases are brought by the prosecution authority. The prosecution authority consists of the Director of Public Prosecutions (riksadvokaten), the Public Prosecutors (statsadvokaten) and the Prosecuting Authority in the police (påtalemyndigheten i politiet). Read more about the Norwegian courts at www.domstol.no From the Supreme Court 1 The Norwegian names in parentheses are given in indefinite singular form.

Courts of Norway PAGE 4 The judges and the independence of the courts All cases before the courts are presided over by a professional judge. The lay judge system, however, ensures that citizens who do not have a law qualification also play a key role in Norwegian jurisprudence. The professional judges are always law graduates, and are civil servants appointed by the King-in-Council. The Judicial Appointments Board, which is an independent body, recruits and makes recommendations for judge appointments. A judge must be a Norwegian citizen and can only be dismissed by a court judgement. The judges are independent in their adjudication of the individual case, and cannot be instructed. A judgement may be changed by a superior court after appeal consideration. A higher court cannot, of its own accord, instruct a lower court in how it should handle individual cases. If, on the other hand, one party takes a decision further, instead of entering a new judgement the higher court can decide that the lower court must hear the case again. Deputy judges are legally qualified persons who are appointed to a court for a limited period. The arrangement is used only in the courts of first instance, and was introduced in order to give law graduates practical experience of the courts. The deputy judges preside over proceedings in court and decide cases just like other judges, but there are certain restrictions on what kind of cases they may consider. In order to prevent doubt about the independence of the judges, the Norwegian Parliament (Stortinget), has adopted an approval and registration scheme for judges extra-judicial activities, that is to say their membership or office in organisations, in accordance with particular rules. The scheme applies to judges in all instances including deputy judges, but not to lay judges. The register of the judges extra-judicial activities is published on www.domstol.no Lay judges are selected by municipal councils for four years at a time. The precondition for being selected is that a person can stand in municipal elections. There are different pools of lay judges for the Courts of Appeal and the District Courts, but no lay judges participate in the Supreme Court. In the District Courts the lay judges sit on the bench, in the Court of Appeal they sit either on the bench or in the jury-box. The lay judges The Supervisory Committee for Judges is an independent body that hears complaints against judges, for example for unprofessional conduct. It can also take up cases on its own initiative. The Supervisory Committee of Judges is appointed by the King-in-Council and the Courts Administration is its secretariat. The Supreme Court The Supreme Court is the highest court in Norway. The decisions of the Supreme Court are final and cannot be appealed. The Supreme Court sits in Oslo. The court is chaired by the President of the Supreme Court, and has another 18 judges. Individual cases are normally heard by a panel of five judges, but certain cases are considered by the Supreme Court in plenum. Courts of Norway PAGE 5 participate mainly in criminal cases. Appeals to the Supreme Court are first Anyone selected as a lay judge is obliged to accept the office. Certain occupational groups are exempt from selection, including judges, police officers and prosecutors, employees of the Ministry of Justice considered by the Supreme Court s Appeals committee, which decides whether a case will proceed to the Supreme Court. The Appeals Committee is constituted with three judges per case. and the National Courts Administration. There are also certain restrictions regarding individuals with a criminal record. The lay judges must be between 21 and 70 years of age when their period of office begins. The Supreme Court is an appellate court that hears appeals against decisions made by the District Courts and the Courts of Appeal. The Supreme Court considers both civil and criminal cases, and has authority in all areas of the law. From the Supreme Court Especially in civil cases, expert lay judges can be appointed, with expertise in a specialized field. In criminal cases the question of guilt is determined by the Courts of Appeal, whereas the Supreme Court may decide

Courts of Norway PAGE 6 on sentencing and the quality of the procedure. Proceedings in the Appeals Committee are in writing alone, the decisions are made on the strength of the documents in the case. Proceedings of the Supreme Court proper are oral, and are open to the public. Agder Court of Appeal Sits at Skien, and covers the following counties: Vestfold, Telemark, Aust- Agder and Vest-Agder. Gulating Court of Appeal Sits in Bergen, and covers the following counties: Hordaland, Sogn and Fjordane and Rogaland. Courts of Norway PAGE 7 There is no immediate presentation of Frostating Court of Appeal evidence in the form of party or witness Sits in Trondheim, and covers the follow- testimony as in the District Courts and ing counties: Møre and Romsdal, Sør- the Courts of Appeal. Trøndelag and Nord-Trøndelag. Read more about the Supreme Court at Hålogaland Court of Appeal www.hoyesterett.no Sits at Tromsø, and covers the following counties: Nordland, Troms and The Courts of Appeal Finnmark. There are six Courts of Appeal in Norway, each covering a certain geographical area, called a circuit. Each Court of In the Courts of Appeal the individual case is always heard by a panel of three appellate judges. Appeal is chaired by a president. In criminal cases the appeal may be The Courts of Appeal adjudicate appeals against decisions from the District Courts in their circuits. They decide both civil and criminal cases. against various aspects of the District Court s decision. If the appeal concerns the question of guilt, the case shall be decided by a jury or a bench consisting of three professional and four lay judges The Courts of Appeal: Borgarting Court of Appeal Sits in Oslo and covers the following counties: Oslo, Buskerud, Østfold and the southern part of Akershus county. (meddomsrett). The lay judges are laymen selected at random from a panel; there will always be two women and two men. The professional and lay judges take all decisions collectively, and all votes are equal. From Indre Finnmark District Court Eidsivating Court of Appeal Sits at Hamar, and covers the following counties: Hedmark, Oppland and the northern part of Akershus county. In cases where the sentencing framework is more than six years, the question of guilt shall be decided by a jury (lagrette). The jury consists of ten persons,

Courts of Norway PAGE 8 From Hålogaland Court of Appeal if feasible five women and five men. hearing appeals against sentencing Members of the jury for a particular where the framework is more than six case are drawn from a panel at random, years imprisonment, the Court of Appeal fourteen plus two alternates. Then the is constituted with three professional accused and the prosecution can, in and four lay judges. accordance with specific rules, challenge (exclude) up to two jury members each. If the appeal concerns application of the If this method of eliminating jury members is not used, lots are drawn to decide shall only decide whether the District law or procedure, the Court of Appeal who is to sit on the jury. Court has applied the law correctly or has made procedural errors. In such When the jury has decided on the ques- cases the court is constituted with three criminal cases can be appealed to the Supreme Court. All the Courts of Appeal have their own homepages that can be reached via www.domstol.no The District Courts The country is divided into judicial districts, with one District Court per judicial district. In Oslo there are two district courts, Oslo District Court (Oslo tingrett) considers criminal and civil cases, and Oslo County Court (Oslo byfogdembete) considers inter alia enforcement cases, bankruptcy, probate, marriages and the issue of official certification. A judicial district may consist of one or more municipalities. Stortinget has decided upon structural reorganisation of the courts, and this has been in progress since 2002. When this is completed in 2010 there will be 66 courts of first instance. Criminal cases in the District Court are decided either by a guilty plea or by the mixed panel of professional and lay judges. In addition, the District Court can take certain decisions during the investigation of criminal cases. The decisions of the District Court regarding imprisonment or other coercive sanctions during the investigation, and any ban on visits to remand prisoners are also taken by a professional judge. In ordinary criminal cases the District Court sits as a mixed panel of one professional and two lay judges. In lengthy and other special cases, the court may be constituted as an extended court with two professional and three lay judges. The professional judges and the lay judges participate on an equal basis as regards both the question of guilt and the sentencing. The lay judges are drawn for the individual case from a pool of persons appointed by the municipal council for four years at a time. Judgments of the District Court may be appealed to the Court of Appeal. This means that for reasons of due process, the question of guilt is tested in two instances. With the exception of the most serious cases, the Court of Appeal s appeals committee can refuse to let the Court of Appeal hear a case. The civil disputes in the District Courts include a number of different case types, Courts of Norway PAGE 9 tion of guilt, four of the jury members participate in the sentencing together with the three professional judges. If the appeal to the Court of Appeal only concerns the sentencing for offences in which the framework is imprisonment for up to six years, the case shall be determined by three professional judges, professional judges. A civil case is as a rule heard by three professional judges. In certain types of case there must be lay judges as well. The parties can also demand that two to four lay judges be empanelled. The Court of Appeal s decisions other The criterion for entering judgment on a guilty plea is that the accused makes an unreserved confession supported by the evidence in the case. In such cases the sentencing framework cannot exceed ten years, and the accused must concur with the procedure. These cases are heard by a single professional judge. such as family cases, neighbours quarrels, compensation suits, quashing of administrative decisions and disputes in employment and business relationships. One party may file a writ of summons with the District Court, but a judgment in the conciliation council can also be brought before the District Court. as a rule after oral proceedings. When than decisions on the question of guilt in

Courts of Norway PAGE 10 Instead of a normal main hearing, the court can call the parties in for court conciliation. The District Courts also consider cases on enforcement, bankruptcy, debt settlement (composition), division of joint property and decedent estates. These cases are heard by a judge alone. Court hearings or creditors meetings can be held, and the judge decides questions that arise during this procedure or adjudicates the case. Appeal s appeals committee determines whether the case can be brought before the Court of Appeal, but in the most serious criminal cases the convicted person is entitled to a new hearing in the Court of Appeal if he contests the judgment. The question of guilt in criminal cases can not be appealed to the Supreme Court. Courts of Norway PAGE 11 Any party that is unhappy with the result of a civil case can bring it before the Court of Appeal. All courts of first instance have their own homepages that can be reached via www.domstol.no Conciliation Boards Most civil cases are handled by the Conciliation Boards, which are mediation bodies that have a certain power to enter judgment as well. They deal with more than 250 000 cases per year. The two-instance system In 1995 Norway introduced a new system whereby all cases can be considered in two instances. This means that all cases start in the District Courts. Previously, serious criminal cases began in the Court of Appeal, which means that in such cases the question of guilt could be tested only once. Having the question of guilt tested by two instances improves the rights of the accused. The Court of The Land Consolidation Courts The Land Consolidation Courts are special courts that work with cases falling under the Land Consolidation Act. Their duties are mainly demarcation of properties, facilitation of collaboration across property boundaries, clarification of title to real property, fixing of boundaries and various exercises of discretionary powers. The remit of the courts has gradually grown from only dissolution of realproperty co-tenancies and agricultural properties to problem-solving for everyone who owns land in Norway. The Land Consolidation Act has been amended so that all instrumentalities are available also in cities and urbanised areas. There are two kinds of Land Consolidation Courts in Norway: the Land Consolidation Court as first instance and the Land Consolidation Appeal Court as appeal instance. Judgments and other decisions with legal effect made by the first instance can be appealed to the Court of Appeal, while the Land Consolidation Appeal Court has appellate jurisdiction inter alia in technical land division questions. The right to appeal from the Land Consolidation Appeal Court to the Court of Appeal is restricted mainly to procedure and application of the law. The Land Consolidation Courts comprise 34 firstinstance courts. The administrative responsibility for the Land Consolidation Courts is vested in the National Courts Administration. Read more about the Land Consolidation Courts at www.jordskifte.no Freedom of information in the justice system From Stavanger District Court The courts possess considerable powers over the individual, and in a democratic society it is important that this is combined with a high degree of openness and freedom of information. Norwegian law prescribes a right to know when court hearings are to be held, to attend them and publish what is said there. In particular cases and under particular conditions the courts may restrict freedom of information. International conventions Like other states, Norway has undertaken to respect legally binding international conventions. Norway is, for example, signatory to various UN conventions, for example on the Rights of the Child. Other important conventions include the Convention for the Protection of Human Rights and Fundamental Freedoms (also known as the European Convention on

Courts of Norway PAGE 12 Human Rights) and the EEA Agreement. By acceding to these, the state commits itself to fulfilling duties and respecting rights under the conventions. There are several international courts that deal with questions related to the conventions. The European Court of Human Rights has great significance for Norwegian citizens. The courts task is to ensure that signatory states to the by the Storting and the others appointed by the King-in-Council. The NCA is headquartered in Trondheim. The Storting adopts general guidelines and framework budget for the courts and the National Courts Administration. The NCA and the Ministry of Justice are in dialogue about the development of the courts, resource needs and regulations. Courts of Norway PAGE 13 European Convention on Human Rights The Ministry of Justice has no power to are fulfilling their obligations, which instruct the NCA, but has the principal means that the citizens of these coun- responsibility for drafting legislation con- tries can have their cases heard if they cerning the courts. The NCA initiates leg- consider that their country s own courts islative amendments and is a consultation have made decisions that contravene the instance for new acts and regulations. Convention. The Court of Human Rights can decide complaints with binding effect Among other things the NCA has the on the states. Member states can also responsibility for the courts premises, bring other states before the court. finances and ICT equipment and development. It assists the courts in most admin- Read more about the Court of Human istrative questions, such as for example Rights at www.echr.coe.int expertise development, personnel questions, media contact and service develop- The National Courts Administration ment. The NCA cannot influence the courts judgments and rulings. The Courthouse of Tromsø In 2002 the administrative control of the courts was moved out of the Ministry of Justice, where it has been since the creation of the Norwegian state in 1814. The National Courts Administration (NCA) (Domstoladministrasjonen) was established in order to safeguard the independence of the courts in relation to the other branches of government. The NCA is an independent administrative body with its own board consisting of nine members, of whom two are elected Read more about the The National Courts Administration at www.domstoladministrasjonen.no Evolution of the Norwegian courts The Viking Age We know that there were legislative, judicial and executive authorities as early as the 10 th century. In those days the kinship group was the most important

Courts of Norway PAGE 14 executive power; crimes and conflicts were resolved by negotiation between the kin-groups, often involving agreement on the penalty. In the course of the 11 th century there developed local and regional assemblies (bygdeting and lagting), which also functioned as courts; the Norwegian word ting still means both. Their most important function was to reach solu- today not only in international law, but also in national areas such as constitutional and administrative law, some parts of private law and the law of damages. The High Middle Ages In the course of the High Middle Ages the king acquired more power, and ultimately discharged all three roles legislative, judicial and executive. The Church also had a role in all three areas, 1390 to 1814, a period in which the Norwegian legal system saw further professionalisation. Norwegian cases began in the city or district court, proceeded to the higher courts and finally to the Overhoffretten in Oslo, from 1624 called Christiania. After Denmark created a Supreme Court in 1661, Norwegian cases could be appealed there. The Danes had little the French philosopher Montesquieu. Montesquieu s separation of powers was central to the Norwegian constitution of 1814, adopted after that year s separation from Denmark. The King was the executive power, the Storting the legislative power and the courts the judicial power. The Norwegian constitution was more liberal than many others, inter alia being based on the principle of popular Courts of Norway PAGE 15 tions to various disputes and their for- resulting in a constant tug-of-war for knowledge of Norwegian laws and legal sovereignty. mation was driven by population growth, supremacy. thinking, and therefore settled cases by bigger districts and increased collabo- their own laws. The Supreme Court was Norway acquired its own Supreme Court ration between districts. King Håkon I The need for codification increased, and subject to the king, and until 1771 all in 1815. The Norwegian constitution the Good changed the composition of in 1274, under king Magnus VI Law- decisions made by the Supreme Court remained in force after the young state the assemblies from universal attend- mender the old regional laws were were to be reviewed by him. In 1771 this entered a union with Sweden, and so the ance to representation by delegates. reworked and called the National Law review power was abolished, except for final Norwegian independence in 1905 (Landsloven). This was meant to be au- death sentences. In the course of the did not represent any change in the Nor- The most famous regional assemblies thoritative for the regional courts and Danish Union, attempts were made to wegian legal system. from that period are the Gulating for to some extent for the district courts. increase the distinction between the ju- Western Norway and the Frostating for The Law was regarded as an adminis- dicial and executive powers, at the same During the German occupation of 1940- the Trøndelag. The Hålogaland, Eidsiva- trative unification of Norway, the politi- time as the king maintained his position 45 the Supreme Court resigned, and ting and Borgarting assemblies devel- cal unification being traditionally dated as the fount of legislation. judges were appointed who were loyal oped in the 12 th and 13 th centuries, but to 1030. The National Law also involved to the occupiers. Neither the judges nor never achieved the same influence as amendments to the judicial and execu- The National Law promulgated under their decisions from this period were Gulating and Frostating. tive aspects of the legal system, such as Magnus Lawmender was still appli- recognised after Liberation. royally appointed court presidents (lag- cable law in Norway. As the 17 th century Legislative codes from the Gulating and menn) to chair the proceedings between progressed a need was felt to update Frostating were rediscovered in modern the parties. More higher courts (lagting) it, leading to the Norwegian Law (Den times. The development of the assem- were created, and sited in towns or other Norske Lov) of 1687, which was to a cer- blies and the discovery of the codes centres. Crime was no longer conceived tain extent based on the Danish code of clearly show that the rule of law was as an offence against the kin-group, but 1683. The Supreme Court in Denmark well on the way to becoming centralised as against the King. The period saw not could now deal with two legal codes that as early as the 12 th century. only the beginnings of centralisation, were more or less similar. but also of bureaucratising and profes- The most usual legislative instance at sionalisation. The separation of powers and the that time was customary law: that is to Norwegian Constitution say, there were many rules of law, but The Union period The principle of separation of powers not laid down by any public authority. Norway was in union with Denmark, and that is, between the legislative, executive Customary or common law is still in use intermittently with Sweden too, from and judicial functions was formulated by

Courts of Norway Skipnes Kommunikasjon The National Courts Administration Visiting address: Dronningensgate 2, 7011 Trondheim Mail address: 7485 Trondheim Telephone: + 47 73 56 70 00 Telefax: + 47 73 56 70 01 E-mail: postmottak@domstoladministrasjonen.no