Gavin Howe
Norway is a country that is consistently ranked highly for its adherence to the rule of law, with a robust and independent court system. Its legal system is considered a civil law system, with legislation as the primary source of law. However, Norway's legal framework also incorporates elements of common law and customary law, and it is influenced by its cooperation with other Scandinavian countries. Norway's criminal procedure system demonstrates some key differences from common law countries, such as the absence of a strict adversarial system and a distinct approach to witness examination. The country's legal traditions are shaped by its unique history and international obligations, including its adoption of human rights treaties and participation in the European Economic Area (EEA).
| Characteristics | Values |
|---|---|
| Legal System | Civil law; influenced by US and UK common law |
| Basis of Legislation | Codes/Statutes |
| Judicial Precedent | Persuasive, not binding |
| Court Structure | Hierarchical, with Supreme Court at the top |
| Legal Codes | Influenced by Danish law until 1814, then adopted its own codes |
| Contract Law | Detailed and comprehensive code, influenced by common law principles |
| Tort Law | Based on statutory provisions and case law |
| Property Law | Well-defined and secure property rights, with some common law influences |
| Criminal Law | Comprehensive and detailed criminal code |
| Constitutional Law | Written constitution with strong protections for individual rights |
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What You'll Learn
Norway's legal system is a civil law system
Norway's civil law system is distinct in that it is not codified in systematic codes. This is unusual among civil law systems, most of which are derived from the Roman Corpus Juris Civilus, a collection of laws and legal interpretations compiled under Emperor Justinian I between AD 528 and 565. Civil law systems are generally organized into systematic written codes.
Norway's civil law system is also influenced by its membership in the European Economic Area (EEA). This membership requires Norway to harmonize much of its legislation with EU law. Norway's membership in the EEA also allows it to remain outside the European Union while still participating in the EU single market and benefiting from the free movement of people, goods, services, and capital.
Norway's civil law system is reflected in its criminal procedure. Unlike common law countries, Norway does not have a strict adversarial system or a strict system of examination and cross-examination of witnesses. Instead, the court has a responsibility to ensure that relevant evidence is brought before it and that questions are limited to what is necessary in the case.
Norway's civil law system is also reflected in its legislative tradition. In Norway, laws are drafted in more general terms, leaving further specification to administrative regulations and the courts.
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Norway's criminal procedure system
Norway is not a common law country; it follows a civil law system. Scandinavian law, also known as Nordic law, is the law of the five Nordic countries: Denmark, Finland, Iceland, Norway, and Sweden. While there are separate constitutions for each of the Nordic states, there is legislative cooperation between the Scandinavian states, resulting in similar aims and holistic contributions to the laws.
Norway's legal system is a civil law system, with legislation as the primary source of law. However, it is not the only source, and legal interpretation relies on preparatory works and Supreme Court precedent. Norway's most comprehensive code of law is Norges lover, which is published annually and used by law students, legal professionals, and court officers. It includes the Constitution, legislation in force, adopted legislation that is yet to take effect, and pre-1814 legislation that is still valid.
Norway's criminal procedure also allows for mediation through the Norwegian Mediation Service (Konfliktrådet) as an alternative or supplement to the courts. The country's prosecution system is unique in that the lowest levels of prosecution are integrated within the local police. Additionally, Norway has incorporated several human rights treaties as national law, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR).
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Norway's relationship with the EU
Norway is a civil law country. Scandinavian law, also known as Nordic law, is the law of the five Nordic countries: Denmark, Finland, Iceland, Norway, and Sweden. It is generally regarded as a subgroup of civil law or as an individual legal body.
Norway's membership in the EEA means it must harmonize much of its legislation with EU law. From the 23,000 EU laws currently in force, Norway is subject to around 5,000, or about 21%. This includes laws on the four freedoms: the free movement of goods, services, persons, and capital, as well as competition and state aid rules. Norway also contributes financially towards social and economic cohesion in Europe.
Norway and the EU have a close relationship on foreign and security policy issues. Norway shares the EU's support for the multilateral system and often aligns itself with the EU's Common Foreign and Security Policy (CFSP) declarations and restrictive measures. The two parties work together in the framework of the Northern Dimension and the Barents Euro-Arctic Council, and Norway is a long-standing partner of the EU in Common Security and Defence Policy (CSDP) missions and operations. Norway is also the EU's fourth most important import partner and seventh most important export partner.
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Norway's legal cooperation with other Scandinavian countries
Norway is not a common law country; it has a civil law system. Scandinavian law, also known as Nordic law, is the law of the five Nordic countries: Denmark, Finland, Iceland, Norway, and Sweden. These countries have legislative cooperation, and their constitutions are similar in their aims and contributions to the laws.
Norway's legal cooperation with its Scandinavian neighbours dates back to the 19th century. In 1872, the Nordic countries organised legislative cooperation, particularly in areas of contracts and commerce, as well as those concerning family, nationality, and extradition. The five states have since obtained uniform legislation.
Norway's legal system is heavily influenced by its Scandinavian neighbours, and it has the second oldest hand-written constitution in the world, which was adopted in 1814 and is still in use. The country's civil law system means that legislation is the predominant source of law, although not the sole one. There are three distinctive sections of Norwegian law: the Constitution, ordinary statutes, and regulations derived from statutes.
Norway has also established agreements with other Scandinavian countries regarding the legal status of Nordic institutions and their staff, as well as the right of Nordic citizens to use their own language in another Nordic country.
In terms of arbitration, Norway has traditionally favoured ad-hoc arbitration, but institutional arbitration has become increasingly popular. The Oslo Chamber of Commerce (OCC) and the Nordic Offshore and Maritime Arbitration Association (NOMA) provide institutional arbitration services. NOMA was established in 2017 by the maritime law associations of Denmark, Finland, Norway, and Sweden, with the aim of providing a more flexible and transparent arbitration process.
Norway's membership in the European Economic Area (EEA) also influences its legal landscape. While Norway stands outside the European Union, its EEA membership requires it to harmonise much of its legislation with EU law. Additionally, Norway has incorporated several human rights treaties as national law, including the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR).
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Norway's legal system is not based on common law
Civil law, also known as European continental law, is derived mainly from the Roman Corpus Juris Civilus, a collection of laws and legal interpretations compiled under the East Roman (Byzantine) Emperor Justinian I between AD 528 and 565. The major feature of civil law systems is that the laws are organized into systematic written codes. In civil law, the sources recognized as authoritative are principally legislation, especially codifications in constitutions or statutes enacted by governments, and secondarily, custom.
Common law, on the other hand, is often synonymous with English common law, which is the system of England and Wales in the UK, and is also in force in approximately 80 countries formerly part of or influenced by the former British Empire. Common law and equity are systems of law whose sources are the decisions in cases by judges. In common law, court judges are bound in their decisions by the rules and other doctrines developed and supplemented over time by the judges of earlier English courts.
Norway's legal system is a civil law system, and it is generally regarded as a subgroup of civil law or as an individual legal body in itself. Norway's legal framework also reflects extensive harmonization with international and European legal standards, particularly through its participation in the European Economic Area (EEA). While Norway is not a member of the European Union, its membership in the EEA requires it to harmonize much of its legislation with EU law.
Norway's legal system is also influenced by its history and unique circumstances. For example, Norway has a written constitution that was adopted in 1814 and is the second oldest hand-written constitution in the world that is still in use. Norway's legal system also differs from common law systems in its approach to criminal procedure. For instance, Norway has no strict adversarial system or strict system of examination in chief and cross-examination of witnesses, which are characteristic of common law countries.
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Frequently asked questions
No, Norway is not a common law country. Norway's legal system is a civil law system based on written laws supplemented by case law.
Common law systems are those whose sources are the decisions in cases by judges. Common law systems can be influenced by previous legislation or legal concepts from other systems.
Civil law systems, also known as Roman law, are based on codifications in a constitution or statute passed by the legislature. Civil law is the most widespread by landmass and overall population.
Common law is one of the three most common legal systems in the world, alongside civil law and religious law. Common law is employed by the greatest number of people compared to any single civil law system.
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