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The EEA and the EFTA Court

The EEA and the EFTA Court Decentred Integration

Author: EFTA Court
Publisher: Hart Publishing
ISBN: 9781849466264

Published In: January 2015
Format: Hardback , 544 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States, Iceland, Liechtenstein and Norway. It provides fair competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control; the EFTA Court operates in parallel to the Court of Justice of the European Union.
The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court mainly corresponds to the jurisdiction of the Court of Justice of the European Union over EU States. The EFTA Court consists of three Judges, one nominated by each of the EFTA States party to the EEA Agreement.
The essays in this collection, assembled to celebrate the 20-year landmark, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

1. Introduction

2. The EFTA Court's Early Days

3. The Style of the EFTA Court

4. European Courts in Dialogue

5. The Advocates General and the EFTA Court

6. The Immoral Choice-How Judges Participate in the Transformation of Rule of Law to Legal Evil

7. The Content of Requests for Preliminary Rulings to the European Court of Justice and the EFTA Court-What are the Minimum Requirements?

8. Practical Issues Regarding the Application of EEA Law through the Eyes of a National Judge

9. 'To Refer or Not to Refer?'

10. 'To Refer or Not to Refer?' Confession of a National Judge

11. Efficient Judicial Protection of EEA Rights in the EFTA Pillar-Different Role for the National Judge?

12. The Norwegian Experience of the EEA Judiciary

13. The Role of Individual Lawyers in EEA Law

14. Reciprocity, Homogeneity and Loyal Cooperation: Dealing with Recalcitrant National Courts?

15. Preliminary Rulings in the EEA-Bridging (Institutional) Homogeneity and Procedural Autonomy by Exchange of Information 16. European Integration

17. Free Movement of People and the European Economic Area

18. 'Shall be Made Part of the Internal Legal Order': The Legislative Approaches

19. Climate Change Law and Policy in the EEA-A View from the General Court

20. Homogeneity or Renationalisation in the European Judicial Area? Comments on a Recent Judgment of the Norwegian Supreme Court

21. General Principles

22. Fundamental Rights in EEA Law

23. Uncharted Waters: Reflections on the Legal Significance of the Charter under EEA Law and Judicial Cross-Fertilisation in the Field of Fundamental Rights

24. The Essentials

25. Judicial Protection in the EEA EFTA States-Direct Effect of EEA Law Revisited

26. The EFTA Court and the Principle of State Liability: Protecting the Jewel in the Crown

27. Fine-tuning Transparency

28. The Free Movement of Goods in EEA Law: The Philip Morris Norway, Commission v Italy and Mickelsson and Roos Cases

29. The EFTA Court-A Court of Business Law?

30. Icesave-Limited Homogeneity and Unlimited Judicial Interpretation

31. Standard of Review in Competition Law Cases: Posten Norge and Beyond

32. Third Party Access to File in Competition Cases

33. To Tax or Not to Tax: Reflections on the Case Law of the EFTA Court

34. The EEA Joint Committee-A Political Assessment

35. The EEA Surveillance Mechanism