Five years after Norway closed its border with Sweden to combat the spread of the coronavirus, the Norwegian prosecution authority is now forced to repay fines previously imposed on those who crossed illegally.
On March 16, 2020, Norway shut its border to Sweden to prevent what authorities described as the importation of COVID-19. Strict border restrictions were enforced for approximately one year and seven months, and individuals crossing illegally faced heavy penalties. However, a recent legal discovery has compelled authorities to reconsider many of those fines.
Legal discovery: the 1917 agreement protecting border residents
The turning point came when the Norwegian Public Prosecutor’s office (Riksåklagaren) identified a bilateral agreement from 1917, which granted unrestricted movement to residents living near the Norway-Sweden border.
“There was an exemption that applied to border residents throughout the entire pandemic,” explained Alf Butenschön Skre, State Advocate at Norway’s Public Prosecutor’s office.
Returning thousands in fines
Following this discovery, Norwegian authorities have begun identifying individuals who were mistakenly fined during the pandemic. Already, 55 people living in the police region adjacent to Sweden’s Värmland and Dalarna regions have had their fines reversed.
Hans-Göran Myrén, a resident of Häljeboda in Sweden, was among those affected. Myrén was stopped by Norwegian police just a few hundred meters across the border and fined 10,000 NOK (approximately 860 EUR). He has now received his money back.
“They didn’t know what they were doing,” Myrén commented, adding, “It was a lot of money. I think the whole situation was terrible.”
The Norwegian prosecution authority is currently working to locate others unjustly penalized during this period, aiming to reimburse those affected in both Norway and Sweden.
Legal amendments after COVID-19
Since the pandemic, Norway has revised its legislation, eliminating the general right previously given to border residents to move freely across the border. Future border restriction decisions must now explicitly state whether they apply to local residents, ensuring clarity and legal certainty.
As Norway continues its efforts to right past wrongs, the incident serves as a stark reminder of the complex interplay between emergency public health measures and longstanding bilateral agreements.