This chapter consists of a comparative analyses of children’s constitutional rights in the Nordic countries. First, we analyse children’s constitutional rights in general in the Nordic countries to assess if and how a Constitution is in line with the child’s rights approach of the Convention on the Rights of the Child (crc). We build on a model developed by Conor O’Mahony that measures the protection ...

Most studies on the efficiency and quality of civil justices are limited to formal courts, although tribunals and other quasi-courts have a central role in resolving legal disputes in many European countries. Hence, significant parts of many civil justice systems are excluded from the studies. Differences among countries may thus reflect primarily structural and terminological differences rather ...

Norwegian courts have been digitised at an unprecedented pace during the Covid-19 pandemic. Because case management hearings were already conducted remotely and expert witnesses were often examined remotely, the transition to fully remote hearings has been fairly smooth in Norway, as will be explained in Section 2. However, the implementation of new technology has entailed some difficulties, in ...

This chapter discusses first the value of enshrining children’s rights in national Constitutions in addition to implementing the United Nations Convention of the Rights of the Child. Second, it gives a brief introduction to the Nordic countries, their societies and legal systems, such as the Nordic welfare model, court systems and the sources of law. An introduction is also given to Nordic constitutional ...

Mekling er et godt verktøy i barnefordelingssaker for å oppnå konfliktreduksjon mellom foreldre og robuste avtaler. Likevel kan mekling også lede til forlikspress, avtaler som ikke er i tråd med hensynet til barnets beste og saker som kan karakteriseres som "gjengangere". I denne artikkelen forsøker jeg analysere hvorfor mekling i følge undersøkelser ikke fungerer like godt i alle barnefordelingssaker ...

Norway has stood on the doorsteps of the European Union (then the European Communities (EC)) for more than four decades. In 1960, Norway became one of the seven original members of the European Free Trade Association (EFTA), a trade-blocalternative to the European Economic Community (EEC). The Norwegian people voted against EC-membership in 1972 and 1994. In the late 1980's, a plan to create a single ...

Active use of the preparatory stage to promote a concentrated main hearing is a key element in Norwegian civil procedure. The judge actively manages the cage and prepares it for the main hearing. Judicial discretion is an important tool to allow the judge to tailor the proceedings to the need of the parties. If an issue or question is unclear, the judge has a duty to help the parties clarify the ...

Traditionally, European civil procedure systems have displayed a range of structures. Currently, systems are converging around the main hearing model, which international soft law initiatives on civil procedure also endorse. This text discusses the main content and principles of the main hearing model and its application in English, Finnish, German and Norwegian law. The influence of the underlying ...

Reglene om anke til lagmannsretten ble revidert da tvisteloven ble vedtatt i 2005, men mye tyder på at revisjonen ikke har virket helt etter hensikten. Reglene har flere ganger senere blitt foreslått endret. I denne artikkelen blir det argumentert for at det bør gjøres mer grunnleggende endringer av ankereglene enn det som hittil har blitt vurdert. Forfatterne hevder at de norske ankereglene i for ...