ABSTRACT

The state's sovereign jurisdiction over its territory is presupposed in Norwegian law, as in the General Civil Penal Code sect.12. This chapter argues that cross-border investigative measures challenge these jurisdictional rules. The pertinent Norwegian Acts are, however, only applicable with the restrictions imposed by relevant international law or agreements. Norwegian police are generally unarmed, unlike most other police forces in the world, including those in the other Nordic countries. During hot pursuit, pursuing officers have an unconditional right to carry their service weapons into foreign territory. The Schengen Cooperation was the direct cause of the new Police Act section 20a, but the Government considered it advisable to provide a general legal basis for foreign police activity in Norway. Specific reference to the Schengen Convention was made, however, to limit the access of foreign police, after criticism in the legislative consultation rounds.