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The EFTA Court also considers that Norway could not, until 2012, restrict AAP payments from people who traveled to another EEA country.
The court considers that such restrictions could not have been imposed before 2012. Neither after 2012. There was no consensus as to whether the Norwegian error practice also applied before that date.
On Wednesday, the EFTA Court answered 16 questions from the Supreme Court. The questions concerned matters related to the 2019 social scandal, also known as the Nav case. Last summer, the Supreme Court asked for clarification on how to understand the Social Security Directives.
The conclusion of the Luxembourg court means that Norway's error goes back to 1994.
- The court claims that the freedom of service was an obstacle to Norwegian law from the outset. They say it is clear that there is a limitation, both in terms of timing and prior approval. This limitation cannot be justified, says law professor Hans Petter Graver of the University of Oslo.
Røe Isaksen: - An important step
- The EFTA Court has concluded that the old social security rules do not apply in this case. However, the provisions on free movement in the EEA Agreement already have. Informs Minister of Labor and Social Affairs Torbjørn Røe Isaksen (H) in an e-mail to NTB.
He says the declaration is an important step for many victims. For those who cannot reopen the case until the Supreme Court has clarified the legal situation.
- Although we are now waiting for explanations in the Supreme Court. However, it is the ministry that will, of course, carefully analyze the statement of the EFTA Court, both in terms of the legal status before and after 2012, as well as other matters, says the minister.
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He left for Italy - sentenced to prison
The assessment of Norwegian practice was made in the light of a specific case that was heard in the Supreme Court. In the present case, a man in his 75s was sentenced to 2012 days in prison for gross negligence, gross fraud, after being in Italy while receiving the money. The case is particularly interesting as the relationship for which the man was convicted spans both sides of the controversial XNUMX breakthrough.
- This is a very satisfactory verdict in which the EFTA Court concludes that the NAV scandal dates back to 1994, as we have stated. I think there will now be more judgments and decisions that will need to be reopened and reviewed. This is attorney John Christian Elden for the NTB. Which represents the convict.
Elden says the government has a job to do.
- This applies not only to everyone who lacked support in the last 25 years because they believed in the wrong legal text and thus did not apply for support while abroad - he says.
. The case is gaining speed.
The Arnesen Committee, Nav, the Ministry of Labor and Social Affairs and the public prosecutor's office assume that the Norwegian interpretation of EEA law has been wrong since the introduction of the new Social Security Directive in 2012. The dispute at the time was whether the problem had been resolved. The law first entered into force in 1994.
Wednesday's statement by the EFTA Court will have an impact on the further development of the cases covered by the social scandal.
Depending on the decision of the Supreme Court, we will decide how to proceed with cases from before 2012, says Røe Isaksen, and adds:
- Work on checking cases after 2012 is in full swing.
