The EFTA Court : developing the EEA over three decades / edited by The EFTA Court.

Format:

Book

Contributor:

The EFTA Court, editor.

Language:

English

Subjects (All):

European Economic Area..

European Free Trade Association.

Physical Description:

1 online resource (461 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Contents:

Intro

Foreword: The EFTA Court: Developing the EEA over Three Decades

Contents

List of Contributors

JUDICIAL ARCHITECTURE OF THE EEA AGREEMENT: PAST, PRESENT AND FUTURE

I. From a 'No' to a Conditional 'Yes': Opinions 1/91 and 1/92 as Stepping Stones of the EEA and its System of Judicial Supervision

II. The Opinions' Legacy for the EEA and EU Legal Orders

III. Concluding Remarks

2. Opinion 1/91 Revisited

I. Opinion 1/91

II. The Subsequent Case Law

III. Dispute Settlement Systems and Differentiated Forms of Integration

IV. Differentiated Integration within the Union Judicial System

3. The Rise and Fall of the EEA Court: Recollections of a Lost Battle in 1990-91

I. Introduction

II. Drôle De Guerre on the EEA Judicial Mechanism (1989 AND 1990)

III. Towards the Acceptance of a Joint EEA Court (Spring 1991)

IV. Les Naufragés Du Fol Espoir (Autumn 1991)

V. Some Concluding Observations

4. The Surveillance and Court Agreement: Looking Back, Looking Ahead

II. Overview of the SCA and its Role for the Court

III. Selected Aspects of the SCA

IV. Conclusions

5. Could Using the EFTA Surveillance and Judicial Pillar Help the Schengen Associates Deepen their Cooperation with the EU in JHA Matters and beyond?

II. The Parallel Paths: The EEA and Schengen

III. True Free Movement and Compensatory Measures

IV. Institutional and Governance Set-up: The EEA and Schengen Compared

V. Shortcomings in the Schengen Governance Set-up

VI. Taking Advantage of the Successful Surveillance and Judicial EFTA Pillar

6. Reform of the Judicial Architecture of the EFTA Pillar of the EEA

I. Introduction.

II. The EEA/EFTA States Agreement: The Surveillance and Court Agreement

III. Proposal 1: More Judges in an Expanded EFTA Court

IV. Proposal 2: Advocates General at the EFTA Court

V. Proposal 3: Scrutiny Panel for Proposed Appointments to the EFTA Court

VI. Conclusion

Annex: Blueprint

7. Principled Reasoning in the EFTA Court

II. To Be or Not to Be Principled?

III. Principled Reasoning in the EFTA Court

IV. Conclusion

THE EFTA COURT AND SUPREME COURTS OF THE EFTA STATES

8. The Liechtenstein Constitutional Court and the Primacy of EEA Law

II. The Primacy of EEA Law

III. The Power of the Liechtenstein Constitutional Court to Review the Legality of Legislation and the Precedence of EEA Law

IV. Referral to the EFTA Court

V. Outlook

9. The EFTA Court and the Supreme Court of Iceland

II. Homogeneity

III. The Most Salient Cases

10. The Supreme Court of Norway and the EFTA Court through 30 Years

II. Advisory Opinions as a 'Partner-Like' Relationship

III. When to Ask? The Distinction between Interpretation and Application

IV. The Supreme Court's Own Referrals to the EFTA Court

V. The 'Advisory' Nature of Advisory Opinions

VI. The Advisory Opinion versus CJEU Case Law

VII. The Meaning of 'Homogeneity'

VIII. A Dialogue also with the ECtHR

IX. Concluding Remarks

11. EFTA Court Decisions as a Source of Law in Norway

II. The Legal Framework

III. The NAV Case

IV. The Development of Supreme Court Guidance on EFTA Court Decisions before the NAV Case

V. Supreme Court Decisions after the NAV Case: The Unemployment Allowances Case

VI. The Main Principles Today

VII. Weighty and Compelling Reasons: What are They?.

VIII. The Facts of a Case and EFTA Court Decisions

IX. Later Use of Observations Submitted in EFTA Court Cases

X. Conclusions

THE INTERPRETATION AND APPLICATION OF INTERNAL MARKET LAW

12. Dynamism, Homogeneity and Byzantine Structures: A Reassessment of Integration in the EEA

II. Homogeneity and Equality in the EEA Legal Order

III. Dynamism and Integration in the EU Neighbourhood

13. The Liechtenstein EEA Coordination Unit and the EFTA Court

I. The Role of the EEA Coordination Unit

II. Liechtenstein Cases before the EFTA Court

III. Conclusion

14. Maglite, L'Oreal and RAAP: Making Sense of Third-Country Regulation of Intellectual Property Rights in the EEA

II. Maglite: Emphasising the Impact of Differences in Third-Country Regulation in the EU and the EEA

III. L'oreal: Emphasising Compelling Grounds for Deviation, but Prioritising Homogeneity

IV. Reconciling Maglite and L'oreal

V. RAAP: Demonstrating Compelling Grounds for Deviation From Homogeneity?

VI. Conclusion and Outlook

15. Two Tales, One Outcome?: The Principle of Proportionality in the Case Law of the EFTA Court

II. The Origin and Emergence of the Principle of Proportionality in EU Law

III. The Principle of Proportionality in the Free Movement Case Law of the EFTA Court

16. On the Margins: The Case Law of the EFTA Court Regarding the Scope of the EEA Agreement

II. Provisions Concerning the Scope of the EEA

III. Outside the Scope - But …

IV. Product Scope

V. Rules of Origin and Third States

VI. Geographical Scope

VII. Interpretation of Provisions Regarding the Scope of the Agreement

VIII. Concluding Remarks

17. The NAV Case in the EFTA Court and the Supreme Court of Norway

II. The Implication of the Supreme Court in the NAV Scandal and the Decision to Refer the Case to the EFTA Court

III. The 2004 Social Security Regulation

IV. Article 36 EEA and the Right to Receive Services in Other EEA States

V. A Closer Look at the EFTA Court's Approach to the Consistency Requirement

VI. Outlook

18. The Fosen-Linjen Saga: Not So Simple after All?

I. The Fosen-Linjen Saga as a Tortuous Path Towards the EU Law Canon

II. Fosen-Linjen I as Judicial Activism

III. Minimum Versus Maximum Harmonisation of Remedies in the Fosen-Linjen Saga

IV. The Role of Damages in Promoting Compliance with EEA/EU Procurement Law

V. Conclusions

19. Taking Procedures Seriously: The Case Law of the EFTA Court in the Field of State Aid

I. A Retrospective

II. The Beginning: Reasons, Please!

III. The Court's Rallying Cry: Investigate!

IV. The Masterpiece: Private Barnehagers Landsforbund - Dissecting the Notion of an 'Undertaking

V. The Difficult Follow-Up: Abelia and WTW

VI. The Fish That Finally Came Back and Other Short Stories

VII. You Never Give Me Your Money

VIII. A Brief Note on Compatibility

IX. Exciting Aid

X. Words on the Occasion

20. The Evolution of State Control over the Exploitation of Natural Energy Resources

II. The Development of Legal Processes and Legislative Competences of the EU

III. The Material Scope of the EEA Agreement and Questions of EEA Relevance

IV. Policy and Decisions on the Exploitation of Energy Resources and in What Quantities

V. Requirements for Access to Energy Resources and the Exercise of Production Activities

VI. Concluding Remarks

EEA AGREEMENT AND FUNDAMENTAL RIGHTS

21. The EEA Agreement and the ECHR

I. Preliminary Points

II. The EFTA Court: An 'Independent and Impartial Tribunal'.

III. Responsibility for an EEA/EFTA State for Having Engaged in EFTA Court Proceedings

IV. The Bosphorus Presumption: A General Outline

V. Konkurrenten v Norway: The Bosphorus Presumption is Inapplicable in the EEA Context

VI. Holship v Norway: Confirmation of Konkurrenten, with Some Nuances Added

VII. Closing Remarks

22. Effective Judicial Protection under the EEA Agreement

II. The Principle of Effective Judicial Protection in EU law

III. The Principle of Effective Judicial Protection in EEA Law

23. The Right to Be Heard before Referring to the EFTA Court - and after Receiving the Court's Opinion

I. The Legal Situation

II. The Requirement to Hear the Parties before Submitting the Request for an Advisory Opinion

III. Possible Consequences of Hearing the Parties

IV. How to Inform the Parties

V. The Opportunity to Make a Statement before the EFTA Court is Insufficient

VI. Digression: Views on Hearing the Parties in German-Speaking EU Member States

VII. Hearing the Parties after the Request for an Advisory Opinion is Sent

VIII. Hearing the Parties after the Opinion Has Been Received

IX. Conclusion

24. The EFTA Court's Contribution to Fundamental Rights Protection in the EEA in Competition Law Cases: The Notion of Complex Economic Assessments and Judicial Review

II. Article 6 ECHR: Effective Judicial Protection

III. The Concept of 'Complex Economic Assessments'

IV. Posten Norge

V. Telenor

VI. Final Remarks

THE DEVELOPMENT AND FUTURE OF EUROPEAN INTEGRATION

25. 'Everything Must Change So That Everything Can Remain the Same': The CJEU and the Temporal Dissonance of Europe 'Then' and 'Now'

I. Premises, Hypotheses and Claims

II. The European Constitutional DNA: The Political/Legal Double Helix.

III. The Europe of 'Then': Some Puzzles.

ISBN:

9781509968831

1509968830

9781509968817

1509968814

9781509968824

1509968822

OCLC:

1455760243