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The Supreme Court has allowed No to the EU to bring a case on the EU’s third energy market package in the so-called Acer case.
The Supreme Court states that the courts can, in principle, check whether the Storting acted in accordance with the Constitution when it gave its consent, the court states.
The Non-EU organization sued the state because it believes that the Storting’s Acer decision violates the constitution. The claim was rejected by the Oslo District Court in October 2019 and by the Borgarting Court of Appeal in March 2020.
The core of the case is a decision in the Spring 2018 Storting on consent for Norway to join the EU’s third energy market package. Not the EU believes that the Storting’s decision was made in violation of the Constitution.
The organization believes that the Storting thus transferred authority to the European body Acer, which will coordinate the development of the electricity grid in Europe.
He considers this to be such an intrusive decision that it should have been taken by a three-fourths majority in the Storting, in accordance with article 115 of the Constitution on the renunciation of sovereignty.
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No to the EU appeals the Acer case to the Supreme Court
– Historic decision
No, the EU is convinced that the lawsuit will now be tried before the judicial system. According to the organization, the case will now return to the Oslo District Court, which will deal with the question of whether the Storting has violated the Constitution.
– This is a historic decision to enforce the constitutional protection of Norwegian sovereignty, says No to EU leader Roy Pedersen in a press release.
The state wanted the Supreme Court to dismiss the lawsuit.
Twelve of the Supreme Court justices were of the opinion that No should be promoted to the EU demand, while a minority of five disagreed.
The Ministry of Foreign Affairs must cover NOK 1.99 million in legal costs for No to the EU, according to the Supreme Court.
