Loga sámegilli In the past, lawyers have strongly criticized the government for its handling of the Fosen judgment. Now the criticism continues, but this time from those who belong to the third state power – the judges. – In a state governed by the rule of law, it is important that judgments are respected and obeyed. Here we have a decision from the Supreme Court which says that the license decisions are invalid, and then it is a problem that the operation continues. That’s what Kirsten Bleskestad, head of the Norwegian Association of Judges, says. The association has sent letters to Storting President Masud Gharahkhani and Prime Minister Jonas Gahr Støre. Concerned that trust in the rule of law may be weakened – The way the case has developed and the long time that has passed, means that we have become concerned that trust in the rule of law may be weakened. Kristen Bleskestad thinks it is problematic that operations at Fosen continue with invalid license decisions. Photo: Benjamin Danielsen / news The Association of Judges rarely speaks out on matters that are politically heated, but is now making an exception. – We think there is reason to point this out when we see what has happened in the case here, which is surprising. Do not wish to comment further In the letter to the Association of Judges, the Storting and the government are asked to respect the judgment and explain how they will ensure the rule of law and human rights – also in the temporary phase. news has tried to get a comment from Prime Minister Jonas Gahr Støre, without success. State Secretary for the Prime Minister, Halvard Ingebrigtsen, responds to news in an e-mail. – We will first respond to the Referees’ Association’s letter in the usual way, and will therefore get back to you later. Storting President Masud Gharahkhani responds to news in an SMS. – I thank you for the letter from the Judges’ Association. It has been received and will be answered. The reason why the letter is also addressed to the President of the Storting is due to the Storting’s special responsibility for compliance with the Constitution and its responsibility to control the government. – A problem It has been over two years since the Supreme Court ruled that concession and expropriation decisions at Fosen are invalid. A judgment in the District Court and the Court of Appeal can be appealed, but a judgment from the Supreme Court is final as soon as it is delivered. This means that the judgment must also be respected in the temporary phase, until a permanent solution to Fosen is in place. Oil and Energy Minister Terje Aasland (Ap) has stated that the verdict does not mean that the licenses for the wind power plants at Storheia and Roan have lapsed, and that the wind power plants are operated in accordance with the original licences. The Referees’ Association reacts to that. – Expressing that the license has not lapsed and that operations can continue, when there are invalid license decisions, is a problem. The Supreme Court judgment says that the decision on a license for wind power development at Fosen was invalid as the development infringes the Sami’s right to practice culture. This means that 150 wind turbines in Roan and on Storheia have been erected on the basis of a decision which is now known to be invalid. Photo: Ingrid Lindgaard Stranden / news They point out that the government seems to believe that the wind power companies that lost the court case can continue their operations, despite the fact that the original decisions are invalid. – Continuing the operation, after all, calls into question exactly that core issue. news has asked the Ministry of Oil and Energy to comment on the Judges’ Association’s letter, but has not received a reply. Can increase the pressure Political commentator at news, Tone Sofie Aglen says that it is not usual for judges to comment on political matters. – It is a powerful signal that politicians must take seriously. – In Norway, we have a tradition for the court to stay away from politics. At the same time, it is precisely the Supreme Court that has caused the Fosen case to end up on the politicians’ table. Tone Sofie Aglen believes that it is a challenge that the Supreme Court judgment does not say anything about what will happen to the wind power plants. Photo: Ole Kaland / Ole Kaland, news Aglen believes that the letter from the Judges’ Association can further increase the pressure on the government. – Many have questioned why this is taking so long, and that the responsibility lies with the government. As the case is now in mediation, we have little insight into what progress there is in the case. – The referees’ association questions how operations can continue despite the fact that the license decisions are invalid. What signals are the judges giving here? – They obviously believe that the government is working too slowly here. A challenge with the Supreme Court’s judgment is that it does not say anything about what should happen to the wind power plants, but that not enough has been done to secure the rights of reindeer herders on Fosen, says Aglen. Hello! Do you have thoughts about the case you just read or do you have tips for other cases we should talk about? Send me an e-mail. If you are interested in knowing what is happening in Sápmi, you will find more on news Sápmi’s website.
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The Judges’ Association asks the Prime Minister and the President of the Storting to respect the Fosen judgment – news Sápmi
