Eea Agreement Direct Effect

[26] In Liechtenstein, the problem is different because of its monistic approach to international commitments. However, the Supreme Court of Liechtenstein expressly confirmed the direct effect of the agreement, Mr. Thomas Bruha in M lle-Graff and Selvig (note) 1999. 71.M Holmes informed us that the EEA agreement had only “incomplete access” to the internal market for goods, since third countries were not part of the EU customs union.94 Instead, the EEA agreement contains a provision that waives common external tariffs on goods (with the exception of certain agricultural products and fisheries). , exported to the EU from third countries, as long as most of their parts are manufactured in the EEA (“rules of origin”). , alternatives to membership: possible models for the United Kingdom outside the European Union, stated that this regime works well for countries such as Norway, whose exports are raw materials (gas and oil), but that it would be more problematic for the United Kingdom, where on average 23% of the value of British merchandise exports comes from foreign components. to invoke a European provision before a national or European court, and the principle of primacy means that EU law must prevail when it is in conflict with national law. Article 7 and Protocol 35 deal directly with the national legislator. Article 7 stipulates that an act that complies with an ERC regulation is, as such, part of the internal legal order of the contracting parties. A law in accordance with an EEC directive is or is inserted into their internal orders, but leaves the decision of the form and method of implementation to the authorities of the contracting parties. Protocol 35 stipulates that EFTA states undertake, in the event of a possible conflict between the implemented EEA legislation and other legal provisions, to introduce, if necessary, a legislative provision providing that, in these cases, the rules of the EEA prevail. The EEA agreement obliges EFTA states to implement all parts of the agreement, i.e.

to make them effective in the national legal order and to make them take precedence over national law. This can be described as an international obligation to ensure the primacy of the provisions of the EEA by analogy with Community law. [8] The direct effect and primacy cannot result from the agreement itself, but the agreement requires that it arise from provisions of the application of national law. The question, of course, is what will happen if national law does not meet these obligations. [9] The EEA agreement is an attempt to link EFTA states to the EU internal market without THE EFTA states being forced to sacrifice their sovereignty and legal autonomy. As the above analysis has shown, the success of the agreement on both accounts can be called into question. The EEA agreement should not hinder the development of EU law. On the contrary, as stated in the introduction, the agreement contains several mechanisms to ensure its dynamic development in parallel with the development of Community legislation.

However, these mechanisms do not include revisions and amendments to the treaties establishing the Community and the European Union.