The case concerning the pensioner’s border crossing has been dealt with in the District Court and the Court of Appeal. This month, the Supreme Court was to decide on the application of the law. But now the Attorney General has withdrawn the appeal. That means Arthur won. It was the website Rett24 that first mentioned that the appeal had been withdrawn. – I am satisfied that the case is over for me. But I think this is as silly as it gets. The whole thing is ridiculous, says Soltvedt to news. CRITICAL: Arthur Soltvedt thinks it is nonsense that he was fined for crossing the border by 70 metres, even though he had all the papers in order. Photo: Camilla Gustafsson / SVT Was stopped by HV soldiers It was 19 August 2021 that the pensioner came driving home from Sweden after a visit to her sister in Värmland. Arthur was supposed to drive over Linna not too far from Brandval in Innlandet, where he lives. But when he got to the border crossing he was stopped by HV soldiers. They stated that the border point was closed and that the pensioner had to drive to a manned crossing. It was a detour of around 15 miles, says Soltvedt. – I had all the papers in order, including vaccination certificates. But it didn’t work for them, says the 76-year-old. – Easier to pass during the war He admits that there was probably an exchange of words between him and the soldiers. – I told them that it was easier to get across the border during the war, says Soltvedt. The pensioner nevertheless turned the car around and drove the long way home. He was fined because he had already passed the limit by approx. 70 meters. He refused to accept the fine. Represented himself in court Arthur appeared without a lawyer, when the case against him went to Østre Innlandet district court. He was sentenced to pay a fine of NOK 12,000. The pensioner appealed the decision. He won in the Eidsivating Court of Appeal. 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 last spring. In Norway, the exemption lasted for one year and seven months. From October 2020, the Norwegian border control was therefore illegal, the Eidsivating Court of Appeal states. LONG QUEUES: Motorists had to be extra patient during the border controls that were introduced. The picture is from Magnormoen in Eidskog in Innlandet on 5 July 2021 on the border between Norway and Sweden. Photo: Ann-Kristin Mo / news May have significance for several hundred Arthur Soltvedt had looked forward to the Supreme Court assessing the application of the law. In addition to him, several hundred people have been fined for violating the border regulations that were introduced. But now the prosecution has withdrawn the appeal. – The withdrawal of the appeal does not mean that we have agreed with the Eidsivating Court of Appeal’s assessment on that point, says state attorney Alf Butenschøn Skre to Rett24. Instead, Butenschøn refers to a so-called exchange of notes between Norway and Sweden from 1917. According to this, Norwegian and Swedish citizens living in border areas can cross the border outside of legally established border crossings. WON IN COURT The Eidsivating Court of Appeal has previously ruled that there was no legal basis for fining pensioner Arthur Soltvedt. The judgment is now legally binding. Photo: Camilla Gustafsson / SVT – The big corona case Defense attorney Mauritz Aarskog represented Arthur Soltvedt in the Court of Appeal and was to proceed in the Supreme Court. He is happy that his client has won. But he still believes that an assessment in the Supreme Court could have been important. According to the lawyer, there are hundreds of penalties imposed for comparable border crossings as what Arthur did. – In the appeal to the Supreme Court, the prosecution pointed out that there were at least 300 judgments that could have had a different outcome with the reasoning of the Eidsivating Court of Appeal. Then you would have to get the Supreme Court’s clarification, which is not happening now. If the Court of Appeal has the correct understanding of the regulations, then there are many who have been wrongfully convicted, says Aarskog. EU COURT: Associate Professor Stian Øby Johansen at the University of Oslo states that the EU Court is now in the process of assessing the legality of, among other things, border controls. Photo: UiO Associate Professor Stian Øby Johansen works at the Center for European Law at the University of Oslo. He points to an upcoming decision in the European Court of Justice as probably even more important for clarifying the issue surrounding the border controls that were introduced. – It is, in a way, the big corona case. It concerns the legality of both having border controls, but also the infection control regime by requiring testing, quarantine, etc. The rules that the EU court will use to decide the case are rules that also apply to Norway, either via the EEA agreement or the Schengen agreement , he says. Øby Johansen states that at the end of April there will be a statement from the attorney general of the EU which will give an indication of how the court will approach the case. But a decision will probably only be made in autumn 2023 or spring 2024.
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Here Arthur drives over the border and is illegally fined
