It a judgment delivered this morning, 31 October 2023 by the Supreme Court of Norway, it ruled in the ACER case (HR-2023-2030-P, (sak nr. 23-025348SIV-HRET)) that the Norwegian Parliament’s decision to join the European Union Agency for the Cooperation of Energy Regulators (ACER) is lawful.
Five years ago, the Norwegian Parliament (Storting) approved the EU’s ‘Third Energy Package’, as part of the state’s obligations under the EEA Agreement. Amongst other objectives, this legislation was to improve the facilitation of electric power and natural gas to be bought and sold across national borders.
Procedurally, Parliament took the view that the measures needed by it was merely one requiring a simple majority in Parliament, Article 26, second paragraph, of the Constitution of Norway. By contrast, a group of applicants claimed that procedurally, it required a three-quarters majority under Article 115 of the Constitution of Norway.
The Supreme Court of Norway, as the court of final instance, was seised of the question as to whether the Parliament was procedurally correct as to the legal basis of its decision, requiring a mere simple majority.
It its ruling of 31 October 2023, it ruled that Parliament had acted lawfully in light with Article 26, second paragraph of the Constitution, and anticipates that this judgment will clarify future cases arises as to the delegation of powers to European bodies, if future challenges are made to the national courts.
The judgment of the Supreme Court in the ACER case (HR-2023-2030-P, (sak nr. 23-025348SIV-HRET)) is available to read here.