On the one hand: Burning commitment to electricity prices and who should have power over the “Norwegian heritage silver”. On the other side: dry law on the constitutionality of a parliamentary decision. Here you get six questions and answers about what the case is really about. Lawyers Kjell Brygfjeld and Bent Endresen have brought the Acer lawsuit in the Supreme Court on behalf of No to the EU. Photo: Frederik Ringnes / NTB What is the core of the dispute? In 2018, the Storting approved that rules from the EU dealing with power should apply to Norway. The Storting decided this with more than half of the votes. In short, the Acer case is about whether this decision was in violation of the Constitution or not. On one side is the plaintiff, the organization Nei til EU. They believe that Norway gave up so much authority to the EU that it should have been voted on with a three-quarters majority in the Storting. The decision from 2018 is therefore invalid, says No to the EU. The state, for its part, believes that only a simple majority was needed and that the decision stands. So far, No to the EU has lost in both the district court and the court of appeal. Both courts have held that the Storting approved a “low-intervention” transfer of authority and that a simple majority was therefore sufficient. In September, the parties presented their arguments for the last time, when the case was heard in the Supreme Court. If No to the EU has convinced the country’s highest court that the decision is unconstitutional, this will have unforeseen consequences. What is Acer? The EU’s third energy market package is the name of the controversial collection of regulations that was approved by the Storting in 2018. It is often referred to as “Acer”. Acer is the EU’s energy agency. The agency’s task is to facilitate cooperation between the EU and the EEA countries on energy regulation. Acer must ensure that the countries comply with the obligations arising from the energy market package. In the event of disagreement between the countries, Acer can make a decision. The decision will be sent to the Regulatory Authority for Energy (RME) via the control body ESA, which in turn ensures that the players on the Norwegian power market comply with the rules. Are electricity prices more expensive with Acer? No until the EU says yes. Photo: Paul Kleiven / NTB Why has No to the EU sued the state? So why is No to the EU so involved in whether the Storting has voted with the correct majority? Norway has great access to cheap power. No to the EU believes it is unfortunate for Norway to relinquish control of this “heirloom silver” to the EU. Rather, they want to retain national control over the way in which power is exchanged. One aspect of the debate in particular engages the people: the electricity prices. According to No to the EU, electricity will be more expensive with Acer. They point out that the agency facilitates the market to control everything and the electricity to flow freely. The fact that we export power out of the country means higher European electricity prices here at home, the organization believes. The Labor Party, which said yes to Acer, believes that Norway has not given up ownership of energy policy. They are also clear that electricity prices are controlled by other factors, such as consumption, weather and temperatures, and that Acer has no influence. By saying no, one could complicate the Nordic energy cooperation and put the Paris Agreement at risk, the party believes. This is how Norway has become more closely connected to Europe with power cables.Norway is part of a power market that is connected to Sweden, Denmark, Great Britain, Germany, Poland, Russia, the Netherlands and the Baltic countries with cables. The aim is to even out price differences and to strengthen energy security. A high-voltage power line transmits power from Sør-Trøndelag to Jämtland in Sweden for the first time. Since then, several lines have been built to Sweden and Finland. The submarine cables Skagerrak 1 and 2 were installed in the summer of 1976 and 1977. The transmission capacity was 500 megawatts. Since then, Norway has received two new cables to Denmark in 1993 and 2014. The power market was opened up with the Energy Act. Prices for power were to be governed by supply and demand. Sweden and Norway formed a joint power exchange, which Finland and Denmark later joined. The Nordned cable between Norway and the Netherlands will open in April 2008. The capacity is 700 megawatts. The fourth cable, Skagerrak 4, opened between Kristiansand and Tjele in Denmark at the turn of the year. Then the transmission capacity between the countries increased from 1,000 to 1,700 megawatts. The Solberg government decides to build a cable to Germany and Great Britain, each of 1400 megawatts. In December, trial operation of Nordlink, which runs between southern Norway and Germany, began. Since March 2021, the cable has been in normal operation. The capacity is 1400 megawatts. The cable between Suldal in Rogaland and Newcastle in the UK opened in October 2021. The transmission capacity is 1400 megawatts. Show more Why is the case in the Supreme Court? The Supreme Court deals with only a minority of cases that are appealed. The case must concern questions that have a greater significance or for other reasons are particularly important to be decided in the highest instance. Because the case is about the Constitution and agreements Norway is bound by through international cooperation, it is considered particularly important. In addition, the case is heard in plenary session, which means that all the judges in the Supreme Court help decide the case. This only happens for the most important legal issues. What happens next? On Tuesday next week, the case will therefore finally be decided. If No to the EU loses in the last instance, this means that the decision from 2018 is valid. Since 2018, there has been an update of the EU regulations on the energy front. This week, Oil and Energy Minister Terje Aasland (Ap) told The Nation that it is possible for Norway to say yes to all or parts of the EU’s fourth energy market package. This could give Acer more power. If, on the other hand, No to the EU wins, this could have an impact on EEA cooperation. Norway has never before been in a situation where the implementation of rules from the EU has had to be repaired. Therefore, little is known about how the state will handle it if No to the EU is approved. A victory will also mean that opponents of the EU in the Storting will become more powerful when similar major issues are to be voted on in the future. The No side to the EU in Norwegian politics is also very excited about the outcome. Here, Rødt’s parliamentary representative Sofie Marhaug participates in the demonstrations outside the Supreme Court in September. Photo: Frederik Ringnes / NTB
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On Tuesday, the verdict in the Acer case will come – news Norway – Overview of news from various parts of the country
