"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"--Provided by the publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
The EFTA States, the EEA and the different views on the legal integration of Europe Iceland and the EEA Liechtenstein and the EEA Norway and the EEA Switzerland and the EEA The EEA in the Union's Legal Order EEA law in and beyond the text of the Main Part of the EEA Agreement The Contracting Parties Preamble Part I: Objectives and principles Article 1. Object and purpose Article 2. Definitions Article 3. Principle of loyalty Article 4. Non-discrimination on grounds of nationality Article 5. The droll d'evocation in the EEA Council and Joint Committee Article 6. Homogeneity Article 7. Binding effect and implementation of EU legal acts Part II: Free movement of goods ch. 1 Basic principles Article 8. Free movement of goods, scope of application Article 9. Origin of goods Article 10. Customs duties and charges having equivalent effect Note continued: Article 11. Quantitative restrictions on imports and measures having equivalent effect Article 12. Quantitative restrictions on exports and measures having equivalent effect Article 13. Exemptions Article 14. Internal taxation: No fiscal discrimination of imported goods Article 15. Repayment of internal taxes Article 16. State monopolies of a commercial character ch. 2 Agricultural and fishery products Article 17. Veterinary and phytosanitary measures Article 18. Technical barriers to trade in agricultural products Article 19. Liberalization of trade in agricultural products Article 20. Fish and marine products ch. 3 Cooperation in customs-related matters and trade facilitation Article 21. Border controls and cooperation in customs-related matters Article 22. Reduction of customs duties ch. 4 Other rules related to the free movement of goods Note continued: Article 23. Technical regulations and barriers to trade in wine, product liability Article 24. Energy Article 25. Safeguard measures Article 26. Anti-dumping and anti-subsidies measures ch. 5 Coal and steel products Article 27. Provisions concerning coal and steel products Part III: Free Movement of persons ch. 1 Workers and self-employed persons Article 28. Free movement of workers Article 29. Social security for workers and self-employed persons Article 30. Recognition of diplomas, certificates ch. 2 Right of establishment Article 31. Freedom of establishment Article 32. Exemptions for exercise of official authority Article 33. Exemptions Article 34. Right of establishment for companies Article 35. Recognition of diplomas, certificates ch. 3 Services Article 36. Freedom to provide services Article 37. Definition of services Article 38. Transport services Article 39. Scope of application ch. 4 Capital Note continued: Article 40. Free movement of capital Article 41. Free movement of payments Article 42. Circumvention of capital movements liberalization Article 43. Protective measures Article 44. Implementation of protective measures Article 45. Role of the Joint Committee in case of protective measures ch. 5 Economic and monetary policy cooperation Article 46. Exchange of views and information ch. 6 Transport Article 47. Scope of application Article 48. Non-discriminatory application of national rules Article 49. State aid in the transport sector Article 50. Prohibition of discriminatory rates or conditions for carriage of goods Article 51. Prohibition of State aid in the form of favorable rates or conditions Article 52. Charges for crossing the borders Part IV: Competition and other common rules ch. 1 Rules applicable to undertakings Introduction to the competition rules applicable to undertakings Note continued: Article 53. Agreements, decisions and concerted practices Article 54. Abuse of a dominant position Article 55. Supervision Article 56. Distribution of competences between the ESA and the Commission Article 57. Merger control Article 58. Cooperation between the ESA and the Commission Article 59. Public undertakings, services of general economic interest Article 60. Specific provisions on undertakings ch. 2 State aid Article 61. Prohibition of state aid, exemptions Article 62. Review of State aid through the ESA and the Commission Article 63. Specific provisions on State aid Article 64. Dispute resolution ch. 3 Other common rules Article 65(1). Public procurement Article 65(2). Intellectual property rights Part V: Horizontal provisions relevant to the four freedoms ch. 1 Social policy Article 66. Improvement of working conditions Article 67. Health and safety of workers Article 68 Labour law Note continued: Article 69. Equal pay for equal work Article 70. Equal treatment of men and women Article 71. Social dialogue ch. 2 Consumer Protection Article 72. Provisions on consumer protection ch. 3 Environment Introduction to EEA environmental law Article 73. Object and purpose of EEA environmental law Article 74. Protective measures Article 75. More stringent national measures ch. 4 Statistics Article 76. Cooperation in the field of statistics ch. 5 Company law Article 77. Provisions on company law Part VI: Cooperation outside the four freedoms Introduction to EEA cooperation outside the four freedoms Article 78. Areas of cooperation Article 79. Dialogue and consultation Article 80. Forms of cooperation Article 81. EFTA States' participation in EU programmes Article 82. EFTA States' financial contributions Article 83. Exchange of information between public authorities Note continued: Article 84. Cooperation in specific fields Article 85. Inclusion of pre-existing cooperation Article 86 Role of the EEA Joint Committee Article 87. Expansion to new fields of cooperation Article 88. Domestic measures Part VII: Institutional provisions ch. 1 The structure of the Association Section 1: The EEA Council Article 89. Responsibilities of the EEA Council Article 90. Composition of the EEA Council, decision-making Article 91. The EEA Council: presidency and meetings Section 2: The EEA Joint Committee Article 92. Responsibilities of the EEA Joint Committee Article 93. Composition of the EEA Joint Committee, decision-making Article 94. The EEA Joint Committee: presidency, meetings, sub-committees and working groups Section 3: Parliamentary cooperation Article 95. The EEA Joint Parliamentary Committee Section 4: Cooperation between economic and social partners Article 96. The EEA Consultative Committee Note continued: ch. 2 The decision making procedure Introduction to the Chapter Article 97 Right to amend internal legislation Article 98 Amendments to Annexes and selected Protocols Article 99 Participation of EFTA States in EU decision-shaping Article 100 Participation of EFTA States' experts in the EU comitology system Article 101 Participation of EFTA States' experts in non-comitology committees Article 102 Amendments of Annexes, incooperation of EEA-relevant EU legislation Article 103 Requirements for binding Joint Committee decisions Article 104 Binding effect of EEA Joint Committee decisions ch. 3 Homogenity, surveillance procedure and settlement of disputes Section 1: Homogeneity Article 105 Homogeneous interpretation of EU and EEA law Article 106 Exchange of information concerning relevant judgements Article 107 Preliminary rulings from the ECJ Section 2: Surveillance procedure Note continued: Article 108. The ESA and the EFTA Court: Establishment and competences Article 109. The two-pillar surveillance system Article 110. Enforceability of decisions of the ESA and the Commission and of judgments of the EFTA Court and the EU Courts Section 3: Settlement of disputes Article 111. Dispute resolution in the EEA Joint Committee ch. 4 Safeguard measures Article 112. Safeguard measures Article 113. Notification of safeguard measures, consultations Article 114. Rebalancing measures Part VIII: Financial Mechanism Introduction: Economic and social cohesion in the EU and in the EEA Article 115. Object and purpose of the EEA financial mechanism Article 116. The EEA financial mechanism Article 117. Provisions governing the EEA financial mechanism Part IX: General and final provisions Article 118. Extension of the EEA Agreement to new fields Article 119. Annexes and Protocols as integral part of the Agreement Note continued: Article 120 The EEA Agreement and pre-existing agreements Article 121 Nordic cooperation, regional union between Switzerland and Liechtenstein Article 122 Secrecy obligations Article 123 National security and trade in arms Article 124 Non-discrimination of investments Article 125 The EEA Agreement and national systems of property ownership Article 126 Territorial application of the EEA Agreement Article 127 Withdrawal from the EEA Agreement Article 128 Accession to the EEA Agreement Article 129 Languages, ratification, entry into force Contracting Parties Preamble Part I: General rules Article I Definitions Article 2 Principle of loyalty Article 3 Relevance of ECJ case law Part II: The EFTA Surveillance Authority Article 4 Establishment of the EFTA Surveillance Authority Article 5 Responsibilities and means Article 6 Right to information from the EFTA States and from undertakings Note continued: Article 7. Composition Article 8. Independence of the members Article 9. Appointment of the members Article 10. Termination of office Article 11. Compulsory retirement Article 12. The President of the EFTA Surveillance Authority Article 13. Rules of procedure Article 14. The staff of the EFTA Surveillance Authority Article 15. Decision-making Article 16. Obligation to state the reasons for decisions Article 17. Notification and entry into effect of decisions Article 18. Publication of decisions Article 19. Enforceability of decisions Article 20. Language Article 21. Annual report Part III: The EFTA States' fulfilment of their obligations under the EEA Agreement and the present Agreement Introduction to Part III Article 22. Monitoring the application of the EEA Agreement and the SCA Article 23. Monitoring within the field of public procurement law Note continued: Article 24. Responsibilities of the ESA in the field of State aid Article 25. Responsibilities of the ESA in the field of the competition rules Article 25a. Responsibilities in the field of financial supervision Article 26. Cooperation between the ESA and the EU Commission Part IV: The EFTA Court Introduction to Part IV Article 27. The establishment of the EFTA Court Article 28. Composition Article 29. Quorum Article 30 Members Article 31 Infringement action Article 32 Infringement action by an EFTA State Article 33. Compliance with judgements of the EFTA Court Article 34. Advisory opinion Article 35. Jurisdiction to review penalties imposed by the ESA Article 36. Action for annulment Article 37. Action for failure to act Article 38. Obligation to comply with judgements of the EFTA Court Article 39. Actions for non-contractual liability Article 40. Suspensory effect of actions brought before the EFTA Court Note continued: Article 41. Interim measures Part V: General and final provisions Article 42. Protocols and Annexes as integral part of the SCA Article 43. Statute and Rules of procedure of the EFTA Court Article 44. Legal capacity, privileges and immunities, headquarters agreements Article 45. Seats of the ESA and the EFTA Court Article 46. Contractual and non-contractual liability of the ESA Article 47. Budget for the ESA Article 48. Budget for the EFTA Court Article 49. Amendments to the SCA Article 50. Withdrawal from the SCA Article 51. Accession to the SCA Article 52. Implementation of the SCA Article 53. Authentic languages, ratification, deposit and entry into force Preamble Article 1. Role of the Standing Committee Article 2. Consultations Article 3. Responsibilities Article 4. Decision-making Article 5. Subcommittees and working groups Article 6. Decision-making in the Standing Committee Note continued: Article 7. Rules of procedure Article 8. EFTA Secretariat Article 9. EEA Joint Parliamentary Committee, EFTA Consultative Committee Article 10. Protocols and Annexes as integral part of the Agreement Article 11. Amendments of the Agreement on a Standing Committee Article 12. Withdrawal from the Agreement on a Standing Committee Article 13. Accession to the Agreement on a Standing Committee Article 14. Authentic languages, ratification, deposit and entry into force.
KJE623.A351992 A47 2018
München, Germany : C.H. Beck ; Oxford, United Kingdom : Hart ; Baden-Baden, Germany : Nomos ; Oslo : Universitetsforlaget AS, 2018.