Suchergebnisse

On 15 December 2023, the Swiss Federal Council (Government) announced that it intended to start formal negotiations with the EU on the conclusion of a Framework Agreement (FA) 2.0. Five existing and two new treaties between the EU and Switzerland are to be subject to dynamic alignment and institutionalised, i.e. provided with a monitoring and judicial mechanism. The project, which is practically fixed in the decisive questions by a "Common Understanding" ("CU") between the two parties, is based on a triple B approach: in substance, it consists of unsuccessful bricolage, the foundations were laid by bullshit, and because elections and a change of the Commission are imminent in the EU, bustle is supposedly of the essence. The CU summarizes what the Parties have informally agreed on.

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

Ten Years of the EFTA Court -- CARL BAUDENBACHER -- I. Selected Topics of EEA Law in Practice -- The EFTA Court Ten Years On -- CARL BAUDENBACHER -- The Impact of Climate, Geography and Other Non-Legal Factors on EC Law and EEA Law -- PETER-CHRISTIAN MÜLLER-GRAFF -- The Effects of EFTA Court Jurisprudence on the Legal Orders of the EFTA States -- HANS PETTER GRAVER -- Exceptions to Liberal Trade in Foodstuffs: The Precautionary Approach and Collective Preferences -- MARCO BRONCKERS -- II. Homogeneity as a Fundamental Principle of Economic and Legal Spaces -- The ECJ and the EFTA Court under the EEA Agreement: A Paradigm for International Cooperation between Judicial Institutions -- VASSILIOS SKOURIS -- Procedural Aspects of Homogeneity: International Coordination and Harmonisation in the Area of Civil Procedure -- KARL ARNE UTGÅRD -- State Liability in Community Law and EEA Law -- STEFÁN MÁR STEFÁNSSON -- Fundamental Rights in the Luxembourg and Strasbourg Courts -- ALLAN ROSAS -- Closing Remarks -- CARL BAUDENBACHER -- III. Additional Speeches -- The EFTA Court-Ten Years On -- LEIF SEVÓN -- EFTA Court 10th Anniversary -- BO VESTERDORF