Norway - May 2024

On 21 May, Parliament unanimously approved constitutional amendments to improve constitutional protection for the functioning and independence of courts and judges, with 168 votes in favour out of a total 169 seats (one abstention). The amendments are based on recommendations from the Courts Commission, appointed in 2017 under the Ministry of Justice to identify areas where the courts could be vulnerable to abuses of power. The Constitution previously guaranteed the principle of independence of the courts, but the government argues that the judiciary requires further protection against ‘rapid legislative changes from a narrow political majority.’ The amendments enshrine in the Constitution the court hierarchy, particularly to fill a gap in constitutional protections for lower courts; protect the appointment process for judges, particularly the government’s duty, set out in the Courts Act, to obtain a recommendation from an independent council (the Judicial Appointments Board) when appointing judges to guard against political influence; and improve protections for judges from arbitrary transfer or termination.

Sources: Stortinget (1), Stortinget (2), Regjeringen, Stortinget (3), NRK