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New EFTA Court judgment: Combustion emissions must be assessed and unlawful production licences must be remedied

New EFTA Court judgment: Combustion emissions must be assessed and unlawful production licences must be remedied

On 21 May 2025, the EFTA Court issued a new advisory opinion in Case E-18/24. The Court clarified that, under the EU’s Environmental Impact Assessment (EIA) Directive (2011/92/EU), greenhouse gas emissions from the subsequent combustion of oil and gas must be assessed before a decision is made on extraction. The decision sets out clear obligations for the Norwegian authorities and courts under EEA law, which are also relevant to Norway’s human rights obligations with respect to climate change.

Human Rights under Norwegian Law

Human Rights under Norwegian Law

Norway is party to the vast majority of international human rights conventions. Human rights are well integrated into the Norwegian legal system, and Norwegian courts follow a general principle that domestic law should be interpreted in accordance with international law. The drafting and consultation procedures for new legislation also include consideration of human rights implications.

Human Rights Challenges in Norway

Human Rights Challenges in Norway

Despite Norway’s relatively solid human rights record, there are still several human rights challenges that need to be addressed by the Norwegian authorities. Many of these relate to the inadequate implementation of existing legislation or policies, but some cases require legislative reform or the adoption of new measures.