Man punished for not having presented a negative COVID test
Supreme Court judgment 21 June 2024, HR-2024-1109-A, (case no. 23-120305STR-HRET), criminal case, appeal against Eidsivating Court of Appeal's judgment.
A (Counsel Olav Kolstad) v. The Public Prosecution Authority (Counsel Alf Butenschøn Skre)
Attending in accordance with section 30-13 of the Dispute Act: The State represented by the Ministry of Justice and Public Security (the Office of Attorney General represented by Kristin Hallsjø Aarvik)
The Supreme Court has ruled in three cases (HR-2024-1107-A, HR-2024-1109-A and HR-2024-1110-A) on the validity of various infection control measures during the COVID-19 pandemic. All cases concerned punishment for violations of regulatory provisions that applied when entering Norway during the pandemic. In such cases, it is a condition for punishment that the regulatory provisions are valid, i.e. not in conflict with law, the Constitution or international obligations that have been made into Norwegian law.
A Norwegian national on a bus from Sweden to Norway failed to present a negative COVID test upon entry in July 2021. He was sentenced to a fine in both the District Court and the Court of Appeal. In the Court of Appeal's judgment, the fine was set at NOK 10,000.
The Supreme Court concluded that the regulatory provision on presenting a negative COVID test upon entry was valid, and that the man can be punished. The provision was not in conflict with the Schengen regulations or EEA rules, and the requirement of a clear legal basis was met.
Read the whole judgment (Norwegian only) (PDF)
Areas of law: Criminal law, infection control legislation, human rights and EEA law. The Schengen regulations, Articles 7 and 8 of the ECHR, Article 4 of the Union Citizens Directive.
Key paragraphs: 84, 87−93, 101−104, 107, 118−123
Justices: Matheson, Falkanger, Bergsjø, Sæther, Hellerslia