Rejection of request for reopening

The Supreme Court order 9 June 2020, HR-2020-1201-A, (case no. 20-007980SIV-HRET), civil case, appeal against order. 

A (Counsel Gisken Elisabeth Brungot) v. X municipality (Counsel Øyvind Grødal), B, C (Counsel Mette Yvonne Larsen)

Justices: Indreberg, Kallerud, Ringnes, Arntzen, Steinsvik

The Supreme Court's Appeals Selection Committee had dismissed an appeal against the Court of Appeal's refusal to hear an appeal in a child welfare case. After the European Court of Human Rights (the Court) had found a violation of Article 8 of the European Convention on Human Rights (the Convention) in the case, a reopening of the Committee's order was requested, see section 31-3 subsection 1 (d) of the Dispute Act. The Committee stated that section 31-3 subsection 1 (d) had to be interpreted to mean that it is a condition for hearing the request for reopening that the Court's judgment has established that the Committee's procedure amounted to a violation of the party's rights under the Convention. However, the critique from the Court was not directed at the Committee's procedure, but the District Court's reasoning and basis for decision-making. Hence, it was the District Court's judgment that had to be requested reopened. The request for a reopening of the Committee's order was rejected.  

Read the whole order

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