– In these times, the legislation is very intrusive and poorly thought out. Then there is good reason to try their case before the judiciary. This is something all Norwegian citizens have the right to.
Hans Fredrik Marthinussen, professor of law at the University of Bergen, tells Dagbladet, after lawyer Marianne Øyen (68) recently went out and said that she notified trial.
The island was fined 20,000 kroner for having refused to carry out the quarantine at the quarantine hotel.
She herself believed that her journey was defined as a necessary journey and that she thus had the right to carry out the quarantine in her own home.
– I have more confidence that the judiciary will make a decision on a correct basis, the 68-year-old told Dagbladet.
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– Many nuances and unclear rules
Law professor Marthinussen explains to Dagbladet that the penalties must be clear and distinct for someone to be punished, something the quarantine rules are not in his opinion.
– There are many nuances and unclear rules, but it is not the police who decide what is law, it is the courts that do.
– What can a potential lawsuit lead to?
– There is very little risk. The size of the fine can be adjusted somewhat, at the same time as you may have to pay a couple of thousand kroner in legal costs if you lose, the professor explains.
Marthinussen still does not believe that we will get many lawsuits, where the quarantine regulations will be put to the test.
– It is limited how many people either bother to take the case so far, or how many will take the case to the judiciary, he says.
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Get support
One of those who has chosen to carry out the quarantine at a quarantine hotel is Raymond Hæggernæs (44) from Askøy. He arrived at Gardermoen on Friday, after a flight from Alicante, and has previously been very critical of the scheme.
That is why he supports Øyen.
– I think it is tough and done right. They deserve to let the judiciary make an assessment and I hope that they will win, he says.
– What is the reason why you choose to stay at the hotel yourself?
– I do not want to risk the possibility of getting a fine of 20,000 kroner and the case on my record. It can create problems for me if I want to travel to the US in a year’s time. Due to the government’s vague handling of the regulations, I do not trust that my case will win in court. At least when the Minister of Justice goes public and says that she does not understand those who complain and complain.
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– Thorough description
State Secretary in the Ministry of Justice, Hilde Barstad, writes in an e-mail to Dagbladet that the starting point for all leisure trips is that they are considered unnecessary unless they are justified by strong welfare considerations.
– On government websites a thorough description of what is a necessary journey has been posted. Continuous assessments are made of the rules against the infection situation, she writes.
The State Secretary further explains that the regulations are laid down to limit the import of infections in a situation where no one is recommended to make unnecessary trips, and where the burden of action on all the inhabitants of our country is very large.
Slaughtering the rules: – Has not succeeded
– It is therefore important that everyone follows the rules that apply. It is necessary to make sure that everyone is in a place where we can take a test both when they arrive and after seven days.
The Ministry of Justice does not want to respond to the claim that the government’s vague handling of the regulations will affect a possible trial.
Will be sent to the district court
Thor Larsen is a lawyer on duty in the Eastern Police District. He tells Dagbladet that he can not comment on individual cases, but that cases where fines are denied on a general basis will be sent to the courts.
– It is the time in all criminal cases, says Larsen.
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