InNorway,impeachment, also known as theCourt of Impeachment[1][2] (Norwegian:Riksrett), is a judicial process with the power to convictMembers of Parliament,Members of the Council of State, andSupreme Court Justices for criminal acts performed in line of duty. Impeachment is based on theConstitution of Norway §§ 86 and 87. Parliament authorizes the impeachment process, which establishes a tribunal consisting of five members of theSupreme Court and six lay members appointed by theParliament of Norway. Impeachment has been used eight times, the last case being held in 1927.
When adopted, the practice of impeachment in Norway was modeled off offederal impeachment in the United States.[3] Similar to the United States, impeachment has two stages: a vote to impeach followed by a trial on whether to "convict" (remove).
Prior to a 2007 constitution change, impeachment was started in the Odelsting chamber. Ten members of theLagting chamber and five from theSupreme Court then sat together as a court to render judgement, with members of theimpeachment managers (prosecutors) coming from the Odelsting.
A 2007 constitutional change made the parliamentunicameral (merging the two chambers), requiring the process of impeachment to also be changed. Under the change, the courts of impeachment now consist of eleven members, five from the supreme court and six lay members chosen by parliament for a period of six years. Current members of parliament are not eligible to serve, as they are presumed to have a conflict of interest in the matter. TheChief Justice of the Supreme Court is to lead the court of impeachment. Members of the parliament serve as managers (prosecutors), with prosecution administrated by a parliamentary committee (theStortingets ansvarskommisjon). These changes made impeachment a more viable threat to office holders should they breach their limitations.[4]
Impeachment has been performed eight times in the history of the kingdom, and each time it has been aimed at members of the government. Six of the cases were in the period 1814–45. During the constitutional struggle in the last half of the 19th century, impeachment became vital following the case againstSelmer's Cabinet in 1883 and 1884, concerning theveto rights of theKing in matters of the constitution. Prior to this case, impeachment was the only way for parliament to dismiss a member of the cabinet; after 1884 Norway got a system ofparliamentarism, and parliament could dismiss a member of cabinet through a majority vote.[5][dubious –discuss]
After the constitutional battle of 1884 was over, there was only one case, where Prime MinisterAbraham Berge and six members ofhis cabinet were found not guilty in 1927. Since then, impeachment has not been used, and is no longer considered part of the political game.[5] Public commissions have since looked at reforming or removing impeachment, and transferring the institution to the ordinary courts. On 20 February 2007 the parliament voted to change the constitution such that the organization of impeachment becomes more potent, and changing the requirements, so the lay members of the court are not current members of parliament.
There have been eight cases of impeachment:[5]
Person(s) | Period | Charges | Outcome |
---|---|---|---|
Fredrik Gottschalk von Haxthausen | 1814–16 | regarding having given incorrect information about the state of the army during the 1814 war, and thus possibly having caused a defeat in the war | Not convicted |
Johan Caspar Herman Wedel-Jarlsberg | 1821–22 | regarding the Ministry of Finance having done trade with two British trading houses that had gone bankrupt | Not convicted |
Thomas Fasting | 1821 | regarding having held two positions that hadconflict of interest | Convicted |
Johan Collett | 1827 | regarding three issues to not follow decisions made by the Storting | Not convicted |
Severin Løvenskiold | 1836 | regarding the king's attempt to dissolve the Storting | Convicted |
Jørgen Herman Vogt | 1845 | regarding not having followed the decisions of the Storting regarding custom rates | Not convicted |
Christian August Selmeret al. | 1884 | regarding the king's right to veto changes to the constitution | Convicted |
Abraham Berge Odd S. Klingenberg Christian F. Michelet Cornelius Middelthon Johan H. Rye Holmboe Anders Venger Karl Wilhelm Wefring | 1926–27 | regarding the government issuing secret state loans to a bank | Not convicted |