Introduction

• Author: Løvdal, Lene
• Pages: 13-15

13

INTRODUCTION

The national legal system

The Norwegian legal system is inspired by the roman l egal system, and ha s a three-level

court structure that handles both criminal and civil law. Statutory provisions (formal

legislation thr ough acts and their regulations) interpreted through the legal preparat ory

works and cas e law are the primary sources of law in voked in Norwegian courts of law

and in respect of Norwegian administrative ag encies – although international legislation,

both EU and ECHR law, is increasingly being invoked in specific cases.

Discrimination cases may be brought before the ordinary courts.

However, th e key administrative procedure for handling discrimination cases is to bring

them before the Equality and Anti-Discrimination Ombud (the Ombud) for advice36 and

the Equality and Anti-Discrimination Tribunal37 (hereinafter referred to as the Equality

Tribunal) for d ecisions regarding complaints. The organisation, structure and mandate of

these bodies were chan ged by the adoption of t he new Act on the Eq uality and Anti-

Discrimination-Ombud and the Anti-D iscrimination Tribunal as of 16 June 20 17 no 50, in

force as of 1 January 2018 (the Equality and Anti -Discrimination Om bud Act - EAOA).38

The key change to the system is that, as of 2018, the Ombud no longer has th e authority

to make decisions regarding individual complaints, which is a matter only the Equality

Tribunal. However, th e Ombud continues to advise p eople regarding discrimination

issues, including on an individual basis.

Also of some relevance to anti-discrimination law is the Labour Court, which deals with

disputes between trade unions and employers’ organisations that include the

interpretation, validity and existence of collective agreements and cases of breach es of

collective ag reements – to th e extent that anti-discrimination provisions are included in

the collective agreements.39

List of main legislation transposing and implementing the directives

On January 1 2018, the General Equality and Anti-Discrimination Act (GEADA)40 replaced

the four previous anti-discrimination acts. 41 It covers the following grounds of

discrimination within all sectors: gender, ethnicity (including national origin, descent,

skin c olour, and lan guage), religion or belief, s exual orient ation42 and disability, as well

as pregnancy, and leave in connection with childbirth or adoption, care responsibilities.

The new act also covers protection against age discrimination outside working life,

36 See http://www.ldo.no/en/.

37 See http://www.diskrimineringsnemnda.no/en/innhold/side/forside.

38 Act on the Equality and Anti-Discrimination-Ombud and the Anti-Discrimination Tribunal, 16 June 2017 No.

50, in force as of 1 January 2018. See https://lovdata.no/dokument/NLE/lov/2017-06-16-50 for an English

version of the act.

39 See http://www.arbeidsretten.no/engelsk.php.

40 Anti-Discrimination Act (GEADA) of 16 June 2017 No. 51, in force as of 1 January 2018. See

https://lovdata.no/dokument/NLE/lov/2017-06-16-51 for an English version of the act.

41 Gender Equality Act (GEA) of 21 June 2013 No. 59, in force as of 1 January 2014, at

http://www.ub.uio.no/ujur/ulovdata/lov-20130621-059-eng.pdf; Anti-Discrimination and Accessibility Act –

(AAA) of 21 June 2013 No. 61, in force as of 1 January 2014 at http://www.ub.uio.no/ujur/ulovdata/lov-

20130621-061-eng.pdf; Anti-Discrimination Act (ADA) of 21 June 2013 No. 60, in force as of 1 January

2014, at http://www.ub.uio.no/ujur/ulovdata/lov-20130621-060-eng.pdf and Sexual Orientation Anti-

Discrimination Act (SOA) of 21 June 2013 No. 59, in force as of 1 January 2014. Translation at:

http://www.ub.uio.no/ujur/ulovdata/lov-20130621-058-eng.pdf.

42 To some degree, differential treatment on the basis of same-sex marriage or cohabitation, as well as

religion or life stance, is allowed. The distinction between sexual orientation and same-sex living

arrangements relates to the protection against discrimination on the basis of sexual orientation in religious

organisations: no differential treatment is allowed on the basis of sexual orientation alone, but is permitted

to some degree when it comes to actually living with another person of the same sex see, see GEADA Article

30(3).