The Handbook of EEA Law

The Handbook of EEA Law

Author: Carl Baudenbacher

Publisher: Springer

Published: 2015-12-11

Total Pages: 869

ISBN-13: 3319243438

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This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health


The Fundamental Principles of EEA Law

The Fundamental Principles of EEA Law

Author: Carl Baudenbacher

Publisher: Springer

Published: 2017-10-24

Total Pages: 260

ISBN-13: 3319451898

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This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.


The Effectiveness and Application of EU and EEA Law in National Courts

The Effectiveness and Application of EU and EEA Law in National Courts

Author: Christian N. K. Franklin

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781780686554

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This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.


The EFTA Court

The EFTA Court

Author: Carl Baudenbacher

Publisher: Hart Publishing

Published: 2005-08

Total Pages: 240

ISBN-13:

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This book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.


The EU and the Rule of Law in International Economic Relations

The EU and the Rule of Law in International Economic Relations

Author: Biondi, Andrea

Publisher: Edward Elgar Publishing

Published: 2021-10-22

Total Pages: 368

ISBN-13: 1839103353

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This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.


Agreement on the European Economic Area

Agreement on the European Economic Area

Author: Finn Arnesen

Publisher: Nomos/Hart

Published: 2018-02-08

Total Pages: 1200

ISBN-13: 9781509922420

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The provisions of the Agreement on the European Economic Area (EEA) determine the relations of the EFTA countries Norway, Iceland and Liechtenstein with the EU and its Member States. On its basis, these three countries participate extensively in the internal market. The EEA is also discussed as a possible model for relations between the EU and the United Kingdom after Brexit. The new commentary, article by article, explores the importance of the legal practice agreement. It incorporates the extensive annexes and protocols to the agreement, which unlocks key secondary EEA law and establishes links with EU law. The current state of EEA law in Norway, Iceland and Liechtenstein is summarized by legislation and case law. The focus of the presentations lies in the commentary of the EEA regulations on the free movement of goods, the movement of persons, services and capital, transport policy and competition law. The tasks and procedures of the two EEA bodies European Surveillance Authority and EFTA Court, which are used for monitoring and dispute resolution, are explained by commenting on the EEA Regulations and the supplementary agreement concluded between Norway, Iceland and Liechtenstein. The work offers - A comprehensive overview of the special situation in Switzerland - Cross-sectional views on the effects of EEA law in Norway, Iceland and Liechtenstein and on the effects of EEA law in the EU - Important references to the international agreements accompanying the EEA - A comprehensive analysis of the changed legal environment, including the Treaty of Lisbon and other European Treaties. In addition, the commentary provides information on the current state of EEA law in the light of the case law of the EFTA Court and the legislation and case law of the three countries Norway, Iceland and Liechtenstein. For ease of use, the otherwise not easily accessible annexes and protocols, where relevant, and the supplementary agreements are printed.


The Intersection of International Law and Domestic Law

The Intersection of International Law and Domestic Law

Author: Davíd Thór Björgvinsson

Publisher: Edward Elgar Publishing

Published: 2015-11-27

Total Pages: 201

ISBN-13: 1785361872

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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.


Rights of Third-Country Nationals under EU Association Agreements

Rights of Third-Country Nationals under EU Association Agreements

Author: Daniel Thym, LL.M.

Publisher: BRILL

Published: 2015-07-28

Total Pages: 305

ISBN-13: 9004300066

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Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.


EC and EEA Law

EC and EEA Law

Author: M. Elvira Méndez-Pinedo

Publisher: Europa Law Publishing

Published: 2009

Total Pages: 364

ISBN-13: 9789089520661

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The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.