Norvegia
The Supreme Court of Norway has issued a landmark ruling on the burden of proof concerning derived EEA law rights in criminal cases. The case involved a Moroccan national charged with violating an entry ban following expulsion. The Court of Appeal had acquitted the defendant, citing potential derived EEA rights through his Norwegian spouse.
The Supreme Court determined that the standard of proof in such cases should align with the balance of probabilities, consistent with administrative law standards. This decision emphasizes the need for consistency within the legal framework and ensures effective immigration administration. The Court set aside the previous judgment due to the application of an incorrect standard of proof.
This ruling provides crucial guidance on the evidentiary standards required when invoking EEA rights in criminal proceedings, potentially impacting future cases involving similar circumstances.
