Volume 52 (2015) / Issue 3
For more than 20 years, the Agreement on the European Economic Area (EEA) has extended the EU internal market to the participating Member States of the European Free Trade Association (EFTA). However, recent reviews of the Agreement have revealed that its functioning is not as smooth as previously thought, particularly as far as the incorporation of novel EU legislation into the Agreement and its subsequent implementation into the legal orders of the EFTA States are concerned. Furthermore, the relationship between the EFTA Court and the national courts of the EFTA States has been exposed as rather uncooperative in nature. In addition, developments in EU law related for example to citizenship, the Charter of fundamental rights, the blurring of the lines between the internal market and other parts of EU law, and "agencification" within the EU, all add new challenges to the EEA. Sooner rather than later, a general overhaul of the Agreement is required.
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