European Economic Area (EEA) and European Free Trade Association (EFTA)

Author(s):  
Luísa Lourenço
1993 ◽  
Vol 21 (1) ◽  
pp. 16-32
Author(s):  
Fariborz Nozari

On October 22, 1991, after exhaustive negotiations between the European Community (EC) and the Member States of the European Free Trade Association (EFTA) an agreement on the formation of the European Economic Area (EEA) was reached. Hence, the foundation was laid for an economic and social unit embracing 19 countries and about 380 million people, forming the world's largest economic bloc and a regional single market responsible for ca.40 percent of the world trade.The Agreement consists of a preamble and nine parts covering the objectives and principles, the four freedoms of movements of goods, persons, service and capital, provisions on competition and other common rules, horizontal policies relevant to the four freedoms, cooperation outside the four freedoms, institutional provisions, funding, and final provisions.


Author(s):  
Gabriel Moss QC ◽  
Bob Wessels ◽  
Matthias Haentjens

Iceland is not a member of the EU. However, as a member of the European Free Trade Association (EFTA), it participates in the EU’s internal market through the Agreement on the European Economic Area (EEA). Iceland adopts EU legislation with the most notable exclusions being laws regarding agriculture and fisheries. The EEA was established on 1 January 1994 upon entry into force of an agreement between the EFTA States and the EU’s predecessors. A Joint Committee consisting of the EEA–EFTA States plus the European Commission, representing the EU, has a role of extending relevant EU law to the non-EU members. An EEA Council meets at least biannually to govern the overall relationship between the EEA members. The EFTA Surveillance Authority and the EFTA Court regulate the activities of the EFTA members in respect of their obligations under the EEA Agreement.


2010 ◽  
Vol 79 (4) ◽  
pp. 481-499 ◽  
Author(s):  
Halvard Haukeland Fredriksen

AbstractIn this article the apparent incompatibility between the judicial architecture of the European Economic Area (EEA) and the overall goal of uniform interpretation and application of the common rules in all EEA States is examined. In practice, homogeneity appears achievable only if the European Free Trade Association (EFTA) Court succumbs to the European Court of Justice (ECJ), granting the latter the final word on the interpretation of the EEA Agreement. It is argued that, as far as substantive EEA law is concerned, this is exactly what the EFTA Court has done over the past 17 years of the EEA's existence. The result is a well-functioning EEA Agreement. The price to pay for the EFTA States is the revelation of the perhaps inconvenient truth that the de facto supreme authority on the interpretation of EEA law rests with the ECJ.


1996 ◽  
Vol 45 (1) ◽  
pp. 198-212 ◽  
Author(s):  
Vincent Kronenberger

The European Economic Area (EEA) Agreement signed in May 1992 between the European Free Trade Area (EFTA) States, the European Community (EC) and the EC member States' seeks to establish “a dynamic and homogeneous” area by extending provisions which apply within the European Community to the EEA.2 The first decision of the EFTA Court,3 interpreting the EEA Agreement to determine its application within the legal orders of the EFTA States, concerned the Finnish alcohol monopoly. The Restamark decision was awaited with great interest to know to what extent the EFTA Court would follow the European Court of Justice's interpretation of the EC Treaty in order to achieve the aims of the EEA Agreement.


2009 ◽  
Vol 78 (2) ◽  
pp. 201-223 ◽  
Author(s):  
Tor-Inge Harbo

AbstractIn the article the author discusses the European Economic Area (EEA) Agreement in light of theories of constitutional and legal pluralism. The author begins with a presentation of the EEA Agreement and compares it with the European Union (EU) legal order. It is pointed out that one of the differences between the two legal regimes is the fact that the EU law principle of direct effect is not applicable in EEA law. Since there is no provision in the EEA Agreement which hinders the establishment of direct effect in EEA law, the author seeks to find the deeper explanation for the rejection of the principle. This leads into an elaboration of the pragmatic concept of law. An important feature of this concept of law is the dominant role of the will of the legislator. This constitutional set-up is also reflected in the concept of sovereignty, which is one leading rational of the EEA Agreement. Being in the squeeze between the two rationalities of the EEA Agreement: sovereignty and homogeneity, the European Free Trade Association (EFTA) Court has been willing to take into consideration contextual particularities. This contextual or legal pluralistic approach is a result of an implicit and explicit judicial dialogue, which secures the legitimacy of the EFTA Court and the EEA Agreement.


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