Trettebergstuen resigned at the start of the summer as Minister of Culture after appointing two friends, and proposing a third, to various paid posts. But the matter will have an aftermath: the Storting’s own watchdog, namely the Control and Constitution Committee, will this autumn examine how issues of competence have been handled both by this government and previous governments. And today an important clarification came from the Storting’s own lawyers in a letter that news has had access to. The Storting’s lawyers believe that it is the procedural rules in the Storting’s rules of procedure that mean that the Control and Constitution Committee must refer the case to civil prosecution, as long as it cannot be decided by impeachment. news has today tried to get in touch with Trettebergstuen, but she has not yet answered the inquiry. TOOK OVER: Lubna Jaffery (th) took over as Minister of Culture after Anette Trettebergstuen. Photo: Martin Solhaug Standal / NTB Challenged by lawyer The Control and Constitution Committee asked the Storting’s constitutional department before the summer for advice on how to handle Trettebergstuen’s case further. The background was an inquiry from law professor Eirik Holmøyvik at the University of Bergen. He has argued that Trettebergstuen should be investigated, either by the Storting’s accountability commission or by the police. Committee leader Peter Frølich (H) says they have now received a clear recommendation. – The Storting’s constitutional department has assessed whether a breach of the rules of competence can constitute a service error that can be prosecuted by impeachment. They conclude that such offenses alone cannot be brought before the National Court, he says to news. COUNCIL: Committee leader Peter Frølich (H) says the Constitutional Department has given clear advice, but that it is the committee that decides the further procedure. Photo: William Jobling / news – If the control committee concludes that impeachment is not relevant, the committee must forward the inquiry about Trettebergstuen’s breach of integrity to the prosecution, says the Conservative politician. He emphasizes that this follows from the rules in the Storting’s rules of procedure. – I want to emphasize clearly that this is a procedural rule. A submission to the prosecuting authority will not mean that the control committee has taken a decision on whether the breaches of professional ethics can be punishable. It is something that the prosecution must decide on alone, explains Frølich. Trettebergstuen’s case is not the only one on the control committee’s table. In this autumn’s broad review of how competency issues have been handled, the cases of Tonje Brenna (Ap), Ola Borten Moe (Sp) and Anniken Huitfeldt (Ap) will also be illuminated. Like Trettebergstuen, Borten Moe resigned as minister, while Brenna and Huitfeldt remained in their ministerial posts. The Solberg government’s assessments regarding competence will also be taken up, and there will probably be a hearing in the matter in November. – Need for practice Law professor Holmøyvik believes that the rules on impeachment are unclear after the impeachment reform in 2007. – It is important that we get practice here, so that we can practice the rules on impeachment and that it will be easier to handle the rules in the future. But there remain a number of unsolved questions, he says to news. – There may be reason for the Storting to look again at the rules on impeachment. What type of cases should go before the impeachment court, and what type of cases should go before the civil prosecution. Difficult borderline cases can arise here. But this was probably not one of the most difficult cases. UNCLEAR RULES: Law professor Eirik Holmøyvik believes that the rules on impeachment are unclear after the impeachment reform in 2007. Photo: Kim E. Andreassen The professor goes on to point out that the Storting has now taken a decision on this case, which will be forwarded to the civil prosecution authority, probably the attorney general. It is important, says Holmøyvik. – The second purpose of sending the letter was that gross case management errors by ministers are treated in the same way as if it were a normal municipal case manager. That the law is the same for everyone, even those at the very top of the administration, he says. – I am not going to say anything about what Trettebergstuen did qualifies as punishment and misconduct. But it is important that it is assessed by the prosecuting authority, which is competent for this, and that will naturally set the standard for other cases at a lower level. – Eligibility rules are difficult. Not all violations of competency rules are punishable. But this case had a number of features that make it natural to ask the question, says Holmøyvik.
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The Trettebergstuen case must be sent to the civil prosecution – news Norway – Overview of news from different parts of the country
