The conclusion comes out in a recent ruling by the Eidsivating Court of Appeal, which Rett24 mentioned first.
Due to the risk of infection related to covid-19, the Ministry of Justice has made continuous decisions on border control in the period from March 16, 2020 to October 28, 2021.
This was an exception to freedom of movement Schengen area. This exception can be made for up to six months, the European Court of Justice ruled this spring.
In Norway, the exemption lasted one year and seven months. From October 2020, Norwegian border control was therefore illegal, says the Court of Appeal.
– After six months, Norway may still have infection control measures that apply to those who have traveled to the country (such as requirements for testing or home quarantine), but it has not been allowed to stop and check people at the border , nor force them to drive to a specific border station, comments associate professor Stian Øby Johansen at NRK.
70 meters on the wrong side of the border closed by the crown
The recent ruling by the Eidsivating Court of Appeals concerned a man who crossed the border crossing at Linna, in the municipality of Åsnes, in August 2021.
On the way back to his sister in Sweden, he arrived at the Linna border crossing.
The man explained in court that he did not know that the border crossing was closed for entry into Norway.
“When he got to the checkpoint, he passed in the opposite direction and towards the National Guard soldiers, who were standing guard about 70 meters from the barrier. He was then told he had to go back to Sweden and cross the border at Torsby.” , affirms the ruling.
The man said he did not know that the soldiers were on the Norwegian side of the border. He did not accept the offer of NOK 10,000 and was later sentenced by the district court to pay NOK 12,000.
– The check was illegal
Now the Court of Appeal therefore considers that the check was null and void.
“According to the Court of Appeal, there was (…) no reason to extend border control on May 3, 2021, as the maximum period of six months for border control had long since been exceeded, see the border regulation article 25 n ° 4 first sentence ”, writes the Court of Appeal.
VERDICT COMMENTS: Stian Øby Johansen is an associate professor at the Center for European Law at the University of Oslo.
Photo: UiO
– The decision doesn’t kick under the infection control regime, but kick during border control, that is, a little bit of regulation, says Johansen, who works at the Center for European law at the University of Oslo.
– So what were the authorities supposed to do?
– The border should have been open so that people could cross. Then you could stay
punished if you didn’t follow the rules here in Norway, Johansen replies.
The verdict which was handed down on September 14th.
State prosecutor Camilla Ek Sørensen will not comment on the decision other than the fact that it has been appealed.
Therefore, it could end up in the Supreme Court.
– If this ruling is upheld, it could have an impact on several previous decisions. I don’t know exactly how many, but most of those who have received such proposals have probably chosen to accept them. So only the police have an overview of the number, says attorney Mauritz Aarskog Rett24.
Associate Professor Stian Øby Johansen believe it is a correct judgment.
– Yes it’s correct. According to the Schengen legislation, it is not allowed to close a border for more than six months. Recently, this spring, the Court of Justice of the EU ruled that.
