Kristiansand can say no to referendum – VG

Less than 20 minutes ago

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The shocking news came last week: The government will conduct a referendum in the old Søgne and Songdalen municipality on divorce from Kristiansand. Last autumn, Kristiansand City Council said no to such a referendum.

The decision in the city council was made by 39 to 32 votes

The three municipalities were merged in 2020 – but in old Søgne the opposition has been great even after this.

But can the government decide that Kristiansand will have a referendum – or who will get a vote in it? No, is the answer to Erland Aamodt in KS Advokatene.

– Can the government impose a referendum on Kristiansand municipality, and if so, can they decide how it will be arranged?

– In my opinion, the answer to both questions is no, he says to VG.

Aamodt explains:

– The starting point is that the state must have a legal basis if they are to order a municipality to carry out a task or do something. As far as I can see, there are no legal sources that give the state that opportunity.

He emphasizes that he does not speak on behalf of KS, but as an associate in KS Advokatene.

Fædrelandsvennen first reported this.

Must go to the Storting

KS is the municipal sector’s interest organization and the country’s largest public employer organization, of which all municipalities and county municipalities are members. KS Advokatene has cutting-edge expertise in, among other things, municipal law.

– I can not completely rule out that such a legal basis exists, but so far I have not seen it, Aamodt adds.

When asked if the Storting can force through a referendum, he answers:

– What the Storting must do in that case is to give the government a legal authority to be able to order the municipality to do this. In principle, it is possible to do it in this way legally, but if it is practical politics, I will not comment on, he says.

Applies to all municipalities

Aamodt says that it is the municipality itself that must decide the question, at Kristiansand City Council:

– Yes, this is basically a matter they have to decide for themselves. There is also a provision in the Local Government Act, which allows municipalities to arrange referendums on local issues, he says.

He refers here to 12.2 in the Local Government Act. Aamodt emphasizes that this not only applies to Kristiansand, but also more generally:

– This question can also be raised more generally. It can also be about other municipalities, he says.

VG has submitted the statements from Aamodt to the Ministry of Local Government, but did not receive a response on Monday night.

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The whole of Kristiansand can get a vote

Minister of Local Government Sigbjørn Gjelsvik (Sp) said last week that only the inhabitants of old Søgne and Songdalen should be allowed to vote in the referendum. But his state secretary Ole Gustav Narud (Sp) opens according to NRK for the residents of the whole municipality to have their say.

Such a referendum could end in a new loss for the Center Party and the Søgne activists: To VG, the group leaders in the Labor Party, the Conservative Party, the Christian Democrats and the Socialist People’s Party say yes to such a solution – if they are forced to hold a referendum.

The four parties have a majority in the city council, but there has previously been internal disagreement about a referendum in several of them.

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