Rett og politikk i reguleringen av sosial velferd: Det norske kvalifiseringsprogrammet – Spenningsfeltet mellom politiske mål, rettslige prinsipper og individets rettsstilling

This contribution discusses the Norwegian scheme known as the “Qualification Programme” (KVP) from a law-and-policy perspective. KVP is a key instrument for promoting transition to employment, social inclusion, and active participation in society. It is organized by the municipal welfare agency (Nav). In a democracy, it is fundamental that the political room for maneuver is preserved while being constrained by key rule-of-law values such as legal certainty, equal treatment, and predictability. It is within this area of tension that we focus on a principled question of great importance for social law regulation: How does the regulation safeguard, respectively, political objectives, legal principles, and the individual’s legal position? The analysis is based on a theoretical model that examines different relationships between political and legal instruments. Three categories of relationships are highlighted: political juridification, juridification of politics, and politicization of law. Considering these categories, we analyze the design of the regulatory framework. The regulatory framework for (KVP) establishes parameters for purpose, target population, and duration, with the primary objective of facilitating labor market integration rather than educational attainment. It operationalizes eligibility criteria to ensure that only individuals requiring intensive and coordinated support from NAV receive programmatic and financial assistance, while granting municipalities substantial discretion in implementation.