European Business Law Review

Volume 29 (2018)

Volume 29 (2018) / Issue 5

Carl Baudenbacher, 'The EFTA Court’s Contribution to the Realisation of a Single Market' (2018) 29 European Business Law Review, Issue 5, pp. 671–690


President Baudenbacher set out the main features of the EEA Agreement and its two-pillar structure in this lecture delivered on the occasion of Mads Andenas’ 60th birthday. The President explained the role of surveillance and judicial control, and the importance of the independence of the EFTA College members and justices of the EFTA Court.

Some immerse themselves in issues of sovereignty but the “beef” of the EEA Agreement is single market law. Single market law is economic law. The EFTA Court in the majority of its cases has faced novel legal questions. Baudenbacher explained how ‘homogeneity’ between the ECJ’s and the EFTA Court’s case law must be reached through discourse, in a dialectic process. He explained different constellations with the ECJ going first or the EFTA Court going first. The EFTA Court’s judicial style is different from that of the ECJ. The symbiotic relationship of the two EEA courts is marked by mutual respect and dialogue fostering the flow of information in both directions, with the EFTA Court regularly cited by the ECJ when interpreting EU law.

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ISSN: 0959-6941
ID: EULR2018026