The conclusion comes out in a recent judgment from the Eidsivating Court of Appeal, which Rett24 mentioned first. Due to the risk of infection related to covid-19, the Ministry of Justice made continuous decisions on border control in the period 16 March 2020 to 28 October 2021. This was an exception to the freedom of movement in the Schengen area. Such an exception can be made for a maximum of six months, the European Court of Justice ruled this spring. In Norway, the exemption lasted for one year and seven months. From October 2020, the Norwegian border control was therefore illegal, the Court of Appeal states. – After six months, Norway could still have infection control measures that applied to those who traveled into the country (such as requirements for tests or home quarantine), but it was not allowed to stop and check people at the border, or force them to drive to a specific border station , comments associate professor Stian Øby Johansen to news. 70 meters on the wrong side of the corona-closed border The recent verdict from the Eidsivating Court of Appeal was about a man who passed the border crossing at Linna in Åsnes municipality in August 2021. On his way back from his sister in Sweden, he came to the border crossing at Linna. The man explained in court that he did not know that the border crossing was closed for entry to Norway. “When he got to the roadblock, he drove over in the opposite direction and towards the Home Guard soldiers, who were standing guard approximately 70 meters further from the barrier. He was then told that he had to drive back to Sweden and across the border at Torsby,” the judgment says. The man claimed 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 in the district court to pay NOK 12,000. – The control was illegal The Court of Appeal now believes that the control was invalid. “In the view of the Court of Appeal, there was (…) no reason to extend the border control on 3 May 2021, as the maximum period for border control of six months had long since been exceeded, cf. the border regulation article 25 no. 4 first sentence,” writes the Court of Appeal. COMMENTS ON THE VERDICT: Stian Øby Johansen is associate professor at the Center for European Law at the University of Oslo. Photo: UiO – The decision does not kick the legs under the infection control regime, but it kicks the legs under the border control, i.e. part of the regulation, says Johansen, who works at the Center for European Law at the University of Oslo. – So what should the authorities do? – The border should have been open, so that people could drive through. Then you could be punished if you didn’t follow the rules here in Norway, replies Johansen. The judgment which was handed down on 14 September. State Attorney Camilla Ek Sørensen will not comment on the decision beyond the fact that it has been appealed. Thus, it may end up in the Supreme Court. – If this judgment is upheld, it may have an impact on several previous decisions. I don’t know exactly how many, but most who have received such proposals have probably chosen to accept them. So probably only the police have an overview of the number, says lawyer Mauritz Aarskog to Rett24. Associate professor Stian Øby Johansen believes it is a correct judgement. – Yes, it is correct. According to the Schengen regulations, it is not permitted to close a border for more than six months. As recently as this spring, the EU Court of Justice has established that.
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These corona checks were illegal, the Court of Appeal believes – news Norway – Overview of news from various parts of the country
