Justices

History

The Supreme Court Building

Summary of Recent Supreme Court Decisions

The Supreme Courts Business in 2009 
The Supreme Court deals with a large variety of different cases and the caseload has increased over recent years. In total, the Court dealt with more cases in 2009 than in 2008. The figures include cases that were determined pursuant to the procedure in the now-abolished Civil Procedure Act and cases that were determined pursuant to the procedure in the Resolution of Disputes Act, which replaced the Civil Procedure Act.
Read the full report

The main role of the Supreme Court is to ensure uniformity, clarity and development in the law. The Supreme Court has general jurisdiction and hears issues of both civil law, criminal law, administrative law and constitutional law. The Norwegian Supreme Court wishes to promote openness and transparency in its activities.

The Constitution of 1814 gave Norway its own Supreme Court. Up until then, the Supreme Court had been located in the Danish-Norwegian capital of Copenhagen, although with a Norwegian Chief Justice by the name of Jakob Edvard Colbjoernsen from 1799. He was succeeded in September 1814 by Johan Randulf Bull, and in 1815, the Norwegian Supreme Court was established.

For the first 88 years following its establishment, the Supreme Court did not have its own premises, but rented various quarters where the members of the Court could assemble. These quarters were of low standard, and the Justices worked mostly at home, where court documents were delivered to them daily by hand.

In 1846, the Supreme Court moved to Dronningsgate No 18 B as a tenant of Mrs Boelling, a widow. This property was later taken over by Jacob B. Brun, a baker, and the Supreme Court was housed here until 1898, when the building was demolished.

The Storting (the Norwegian national assembly) had by this time decided to purchase a plot of land on Apotekergate to site a new Courthouse for Kristiania, which was the name of the capital at the time. From 1898 until 1903, when the Courthouse was completed, the Supreme Court was located at the Paleet in Fred Olsensgate No 6. This was a magnificent building that had earlier accommodated members of the Royal Family. Unfortunately, it was totally destroyed by fire in 1942.

The Norwegian Supreme Court
Article 88 of the Norwegian Constitution provides that «The Supreme Court pronounces judgement in the final instance». It follows that the Supreme Court is Norway's most superior court, and that its jurisdiction encompasses the entire country.

The Storting (the Norwegian national assembly), the Government and the Supreme Court are Norway's highest organs of state, and are invested by the Constitution with legislative, executive and judicial power respectively. In the exercise of its judicial authority, the Supreme Court acts wholly independently of the other organs of state. The courts, with the Supreme Court at the fore, are empowered inter alia to review the legality of Government decisions and the constitutionality of legislation adopted by the Storting.

The Norwegian Supreme Court began its activities in 1815. Since that time, both the caseload of the Court and the number of justices has, not surprisingly, increased. Todat, there are 18 ordinary justices of the Supreme Court, and one Chief Justice, who is the head of the Court.

Individual cases are heard by five justices. To ease the workload, the Supreme Court works in two parallel and equal divisions. In some instances, however, cases are heard by all of the justices sitting in plenary session.

The Supreme Court justices also sit on the Appeals Selection Committee of the Supreme Court, but the Committee is classed as a separate court. Cases brought before the Appeals Selection Committee are heard by three justices.

Justices sit in both divisions of the Supreme Court and on the Appeals Selection Committee in accordance with a rota system.

The office of the Supreme Court is headed by a director. At present, the judicial secretariat comprises 14 law clerks (, including one senior law clerk). Although the function of the secretariat is primarily to assist the Appeals Selection Committee, it also performs some duties for the Supreme Court justices and the director. Two clerks of the record, who are also legally qualified, serve in the two divisions of the Supreme Court. In addition, the staff of the Supreme Court comprises an information officer, an office manager, two court messengers, a librarian and 15 office assistants.

The Supreme Court hears both civil and criminal cases, and has jurisdiction in all areas of law.

Any matter brought before the Supreme Court must initially be considered by the Appeals Selection Committee. As well as adjudicating on interlocutory appeals, the Appeals Selection Committee also functions as a filter for appeal cases. Appeal is the judicial remedy normally pursued in respect of judgements rendered by the lower courts, whereas interlocutory appeal is the appropriate remedy against rulings and decisions of the lower courts. An appeal may not be brought before the Supreme Court without the leave of the Appeals Selection Committee.

It is the function of the Supreme Court, as the highest court in the land, to ensure uniformity of legal process and to contribute to the resolution of matters on which the law is unclear. The Supreme Court is also responsible for developing law - within the framework of existing legislation - as and when new societal problems arise. Accordingly, leave to appeal to the Supreme Court is often granted in cases that raise matters of principle beyond the specific subject matter of the issue in dispute.

The proceedings of the Supreme Court are almost always oral, and are generally conducted in open court. However, evidence and testimony are not presented directly as in cases before the District Courts and the Court of Appeal. Nor does the Supreme Court conduct judicial inspections outside the court.

Proceedings before the Appeals Selection Committee are in writing, and decisions are rendered on the basis of the documents submitted in the particular case.

The judicial decisions of the Supreme Court and of the Appeals Selection Committee of the Supreme Court are published in the Norwegian Law Gazette and the Lovdata Foundation legal information system. The most recent decisions are also available on Internet for a limited period of time after they have been delivered.

The Supreme Court Building
In 1895, the Storting granted funds to begin building work on a courthouse to house all three court instances: the City (District) Court, the Court of Appeal and the Supreme Court. An architectural contest was launched, and the results were announced in March 1896. Twenty-three suggestions were submitted, and three prizes were awarded. However, a suggestion submitted by architect Hans Jacob Sparre some time after the closing date (was clearly the best and) was chosen in preference to the three prize winners. The building that was erected according to Sparre?s plans distinguished itself in both its exterior and its interior as dignified and, above all, monumental.

The plot of land on which the courthouse was to be built was very long and narrow, and presented an architectural challenge. Sparre mastered the challenge elegantly. He placed the court of first instance, the City Court, on the ground floor, with a separate entrance on Grubbegate. He placed the largest courtroom on the first floor, and designed an impressive entrance on Apotekergate opening on to a large vestibule with a stairway hall leading directly up to the courtroom. This became the jury courtroom of the Court of Appeal. The Supreme Court was placed on the second floor. Supreme Court courtroom had elegant ceiling lighting and windows overlooking Akersgate, and its own means of access through a side door on Akersgate with a staircase leading up to the second floor.

Architect Sparre was responsible for all drawings, including doors, windows, oak panels, decorations, brass chandeliers and furniture. Many of these features and fittings have been preserved and are still in use today.

Renovation
In 1994, the Oslo City Court and Borgarting (formerly Eidsivating) Court of Appeal moved from the Courthouse on Akersgate into the new Oslo Courthouse on C J Hambros Square. The old building was then placed entirely at the disposal of the Supreme Court.

With the Supreme Court now as sole occupants, the interior and the exterior of the building were subject to extensive restoration and refurbishment. Furthermore, technical facilities were installed to meet modern functional and environmental demands. The pavement on Akersgate was widened, and the street was renamed Supreme Court Square.

Restoration work was completed in the summer of 1996, and Norway?s Supreme Court could for the first time in its history move into its own building. The cost of the restoration amounted to 112 million NOK. This included building operations, furniture, other fixtures and equipment, as well as work done on the exterior of the property.

History
The Constitution of 1814 gave Norway its own Supreme Court. Up until then the Supreme Court was located in the Danish-Norwegian capital Copenhagen (, although indeed with a Norwegian Chief Justice from 1799 by the name of Jakob Edvard Colbjoernsen). Later on his brother, Christian Colbjørnsen took over from 1802 - 1814.
Johan Randulf Bull was in September 1814 appointed Chief Justice, and the Norwegian Supreme Court was established in 1815.

The Court did not have its own building and rented different quarters where the members of the Court could assemble. These quarters were of low standard. The Justices worked mostly at home, and court documents were delivered to them daily by hand.

In 1846 the Supreme Court moved to Dronningsgate No. 18 B as a tenant of the widow Mrs. Boelling. This property was later taken over by Jacob B. Brun, who was a baker, and the Supreme Court was roomed here up until 1898 when the building was to be torn down.

The Storting (national assembly) had then decided to purchase a property on the elongment of Apotekergaten to site a new Courthouse in Kristiania (the name of the capital at this time). From 1898 and up until the Courthouse was finished in 1903, the Court was situated in the Palaeet in Fred Olsensgate No. 6. This was a beautiful building that had earlier accomodated members of the Royal Family. It was, unfortunately, totally damaged by fire in 1942.