Abstract
The EFTA pillar has at its disposal powerful tools for shaping the single market shared with the EU States. Seen as an opportunity to be seized rather than a threat to be defended against, the EEA Agreement provides many ways of infusing the single market with ideas, values and experiences of EEA/EFTA States, which will ultimately secure its benefits for and relevance to future generations. In order to seize these opportunities, they firstly have to be identified as such and, secondly, priorities have to be set. Setting priorities is in particular important where EEA/EFTA States help shape secondary legislation to be incorporated into the EEA Agreement, where EEA law is developed through the positions adopted with regard to the application of the law in new settings, and where ESA identifies enforcement priorities.
Views expressed are personal only and do not necessarily reflect the views of ESA.
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Notes
- 1.
Attributed to Jens Stoltenberg as Leader of the opposition Labour Party in Norway, repeated to great effect by Nick Clegg, then British Deputy Prime Minister.
- 2.
See the chapter by Dag Wernø Holter, Legislative Homogeneity.
- 3.
Article 99(1) EEA.
- 4.
Article 99(2), 99(3) EEA.
- 5.
Articles 81, 100 and 101 EEA, and see Protocol 37 to the EEA Agreement.
- 6.
See: Meld. St. 5 (2012–2013) Report to the Storting (White Paper) The EEA Agreement and Norway’s other agreements with the EU.
- 7.
In an attempt to systematise this, Iceland has turned to publishing official lists of priorities when it comes to following the Commission’s legislative agenda, the intention being to update the list once a year: Hagsmunagæsla Íslands gagnvart ESB—Forgangsmál 2016–2017, available at https://www.forsaetisraduneyti.is/media/frettir2/Forgangsskjal-til-rikisstjornar-190916.pdf.
- 8.
European Commission (2015), COM(2015) 192 final.
- 9.
See the chapter by Sven Erik Svedman, Prosperity in the EEA.
- 10.
Art 4(4) of Protocol 3 to the SCA.
- 11.
Art 4(5) of Protocol 3 to the SCA.
- 12.
Rules on public access to documents adopted by Decision 300/12/COL of 5 September 2012. See Polley and Clifton (2016).
- 13.
Art 7(2) of the Rules on public access to documents. This may in exceptional circumstances be extended by 30 working days.
- 14.
As pointed out by Sven Erik Svedman in his chapter on Prosperity, there are many facets to this concept, which certainly is not limited to what is quantifiable in financial terms. Supra footnote 9.
- 15.
According to 2013 ITU statistics and a 2016 representative survey by internetlivestats.com , Iceland and Norway are ranked 1st and 2nd, respectively, with Liechtenstein in 6th place. According to 2015 World Bank figures, the three EEA/EFTA States are all in the top four of the EEA, alongside Luxembourg.
- 16.
Decision 195/16/COL of 25 October 2016 initiating proceedings pursuant to Article 2(1) of Chapter III of Protocol 4 to the SCA.
- 17.
The Nordic Model. Embracing globalization and sharing risks, Report by the Research Institute of the Finnish Economy (ETLA), 2007, available at www.etla.fi/en/publications/b232-en/ .
- 18.
Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, OJ L 225, 12.8.1998, pp. 16–21.
- 19.
Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJ L 82, 22.3.2001, pp. 16–20.
- 20.
Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community—Joint declaration of the European Parliament, the Council and the Commission on employee representation, OJ L 80, 23.3.2002, pp. 29–34.
- 21.
Case C-201/15, AGET Iraklis, not yet reported.
- 22.
See the chapter by Dag Wernø Holter, Legislative Homogeneity, and the chapter by Philipp Speitler, Judicial Homogeneity as a Fundamental Principle of the EEA.
- 23.
See Büchel and Lewis (2016), p. 128.
- 24.
Baudenbacher (2009). Available at: chicagounbound.uchicago.edu/cjil/vol10/iss1/14 .
- 25.
Magnússon and Hannesson (2013), pp. 167–186.
- 26.
Ricardo (1817).
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Zatschler, C. (2017). Priority. In: Baudenbacher, C. (eds) The Fundamental Principles of EEA Law. Springer, Cham. https://doi.org/10.1007/978-3-319-45189-3_7
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