Fiskekvoter og Grunnlovsjuss i Høyesterett – alle gode ting er tre?

12 Mar 2013

Saken mellom Fiskebåtreder Eivind Volstad og Staten ved Fiskeri- og kystdepartementet skal behandles i Høyesterett denne uken. Vi har tidligere omtalt saken her. Etter at staten har tapt både i […]

Fiskegarn_shutterstock_82643524[1]Saken mellom Fiskebåtreder Eivind Volstad og Staten ved Fiskeri- og kystdepartementet skal behandles i Høyesterett denne uken. Vi har tidligere omtalt saken her. Etter at staten har tapt både i ting- og lagmannsretten, skal Høyesterett nå avgjøre hvorvidt de endringer som ble foretatt i de såkalte strukturkvotene i havfiskeflåten er i strid med Grunnlovens § 97 om forbudet mot tilbakevirkende lover. Endringen skjedde ved at man i strukturkvoteforskriften gikk fra å ikke ha noen begrensninger på hvor mange år strukturkvoter kunne tildeles for, til en begrensning på 20 og 25 år for henholdsvis nye og allerede tildelte strukturkvoter. Fiskebåtredere som tidligere hadde blitt tildelt evigvarende kvoter i 2005 fikk med endringen vesentlig innskrenket sine kvoter. Denne endringen ble både av tingretten og lagmannsretten ansett for å stride mot forbudet mot tilbakevirkende lover i Grunnloven § 97. Staten anket over lagmannsrettens dom til Høyesterett hvor saken begynte i dag. Dom i saken er ventet om to til tre uker.

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