Hjemmel

Hjemmel is a Norwegian legal term that denotes the legal basis or authority for a public body's action. It specifies the source in law, regulation, or decree that empowers an official to act, decide, or enforce. In administrative practice, a measure is valid only if there is proper hjemmel, commonly expressed as "hjemmel i lov" or "hjemmel i forskrift." Without such hjemmel, acts risk being unlawful or void for lack of authority.

The concept is central to the principle of legality in Norwegian public administration. Courts and supervisory bodies assess whether a decision or action has the necessary hjemmel before upholding it. Different levels of authority can provide hjemmel, from statutes passed by Parliament to delegated regulations issued by ministries.

Hjemmel also functions as a safeguard against arbitrary action, ensuring that authorities justify their decisions with an appropriate statutory basis. It is distinct from mere policy objectives or discretionary judgment; even well-motivated actions require proper hjemmel to be enforceable.

Common contexts include administrative permits, sanctions, welfare decisions, and enforcement measures. The term is most often encountered in forvaltningsrett (administrative law) and public-law literature, and appears in case law and agency guidelines.

Examples illustrate the concept: a municipal building permit requires hjemmel i plan- og bygningsloven; a police stop requires hjemmel in law or regulation.