Hardback
Research Handbook on EEA Internal Market Law
This Research Handbook focuses on the internal market aspects of the European Free Trade Association (EFTA) pillar of the European Economic Area (EEA). Leading academics, judges, and practitioners examine the EEA internal market in a structured and systematic manner. Throughout, they provide an in-depth analysis of the free movement and horizontal aspects of the EFTA pillar of the EEA.
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Critical Acclaim
Contents
More Information
This Research Handbook focuses on the internal market aspects of the European Free Trade Association (EFTA) pillar of the European Economic Area (EEA). Leading academics, judges, and practitioners examine the EEA internal market in a structured and systematic manner. Throughout, they provide an in-depth analysis of the free movement and horizontal aspects of the EFTA pillar of the EEA.
Contributing authors in this Research Handbook firstly address the free movement of goods, persons (including workers and social security), services, establishment, capital and payments within the EFTA pillar. Secondly, they dissect the flanking policies that apply, including competition, state aid, banking, insurance, transport, intellectual property, consumer protection, and the environment. Third, the Research Handbook contains a number of critical reflections. Overall, it is a comprehensive examination based on EEA primary law, EEA secondary law, EFTA Surveillance Authority practice, and the EFTA Court’s case-law.
The Research Handbook on EEA Internal Market Law, providing authoritative and informative coverage, is essential reading for academics, judges, and students in all areas of European law across both the EU and EFTA pillars of the EEA. It is also a valuable resource for national and international civil servants, law firms, national courts, domestic policymakers, and private practitioners.
Contributing authors in this Research Handbook firstly address the free movement of goods, persons (including workers and social security), services, establishment, capital and payments within the EFTA pillar. Secondly, they dissect the flanking policies that apply, including competition, state aid, banking, insurance, transport, intellectual property, consumer protection, and the environment. Third, the Research Handbook contains a number of critical reflections. Overall, it is a comprehensive examination based on EEA primary law, EEA secondary law, EFTA Surveillance Authority practice, and the EFTA Court’s case-law.
The Research Handbook on EEA Internal Market Law, providing authoritative and informative coverage, is essential reading for academics, judges, and students in all areas of European law across both the EU and EFTA pillars of the EEA. It is also a valuable resource for national and international civil servants, law firms, national courts, domestic policymakers, and private practitioners.
Critical Acclaim
‘The EEA Agreement is one of the most difficult areas of law I have ever come across. One needs to understand not only EU law, but also the EFTA set-up and the quite unique rules that interlink those two disciplines. I welcome the contribution to the sparse literature on this topic.’
– Niels Fenger, Judge, Court of Justice of the European Union, Luxembourg; former Parliamentary Ombudsman, Denmark
‘The EEA Agreement is truly unique in allowing three outsider countries to take full part in the EU’s internal market – the “holy grail” of EU cooperation. Few would have guessed its success (let alone survival) more than three decades later. The present book helps to explain how and why this is so, through comprehensive coverage of the core EEA internal market rules and select policies related thereto, and a fantastic line-up of contributors. It is an exceptionally welcome and timely addition to existing literature in the field, and well worth the read for anyone looking to understand the many peculiarities and intricacies of EEA substantive law.’
– Christian Franklin, Professor and Director, Centre on the Europeanisation of Norwegian Law, University of Bergen, Norway
‘Over the past 30 years the interpretation and enforcement of the EEA Agreement has established an extensive, yet largely overlooked, body of law that has been central to the proper functioning of the EEA. With an impressive list of contributions from leading scholars, comprehensively analysing the EFTA Court’s rich jurisprudence on the substantive internal market components of EEA internal market law, this book is a triumph for its invaluable contribution to the subject.’
– Robert Spano, partner, Gibson Dunn & Crutcher, UK, and former President of the European Court of Human Rights, France
‘EEA law remains a fascinating field of law, encompassing essential elements of EU law, but with a unique twist that flows from the distinctive features of the EEA Agreement itself. From the viewpoint of academia, I highly celebrate this book, which will immediately become a valuable resource in modern legal research. The strength of this comprehensive analysis of the topical and various elements of EEA internal market law lies not least in the contributors’ extensive and diverse experiences.’
– Gunnar Þór Pétursson, Dean and Professor, Reykjavík University, Iceland; Judge ad hoc of the EFTA Court; and former Director of Internal Market Affairs Directorate, EFTA Surveillance Authority
– Niels Fenger, Judge, Court of Justice of the European Union, Luxembourg; former Parliamentary Ombudsman, Denmark
‘The EEA Agreement is truly unique in allowing three outsider countries to take full part in the EU’s internal market – the “holy grail” of EU cooperation. Few would have guessed its success (let alone survival) more than three decades later. The present book helps to explain how and why this is so, through comprehensive coverage of the core EEA internal market rules and select policies related thereto, and a fantastic line-up of contributors. It is an exceptionally welcome and timely addition to existing literature in the field, and well worth the read for anyone looking to understand the many peculiarities and intricacies of EEA substantive law.’
– Christian Franklin, Professor and Director, Centre on the Europeanisation of Norwegian Law, University of Bergen, Norway
‘Over the past 30 years the interpretation and enforcement of the EEA Agreement has established an extensive, yet largely overlooked, body of law that has been central to the proper functioning of the EEA. With an impressive list of contributions from leading scholars, comprehensively analysing the EFTA Court’s rich jurisprudence on the substantive internal market components of EEA internal market law, this book is a triumph for its invaluable contribution to the subject.’
– Robert Spano, partner, Gibson Dunn & Crutcher, UK, and former President of the European Court of Human Rights, France
‘EEA law remains a fascinating field of law, encompassing essential elements of EU law, but with a unique twist that flows from the distinctive features of the EEA Agreement itself. From the viewpoint of academia, I highly celebrate this book, which will immediately become a valuable resource in modern legal research. The strength of this comprehensive analysis of the topical and various elements of EEA internal market law lies not least in the contributors’ extensive and diverse experiences.’
– Gunnar Þór Pétursson, Dean and Professor, Reykjavík University, Iceland; Judge ad hoc of the EFTA Court; and former Director of Internal Market Affairs Directorate, EFTA Surveillance Authority
Contents
Contents
PART I INTRODUCTION
1 The EEA Agreement: on 30 years of an extended internal market 2
Graham Butler
PART II FREE MOVEMENT OF GOODS, PERSONS, AND WORKERS
2 Free movement of goods 11
Georges Baur
3 State monopolies of a commercial character 36
Marius Meling
4 Free movement of workers and persons 46
Benedikt Pirker
5 Social security coordination 70
Kjartan Bjarni Björgvinsson
PART III FREEDOM OF ESTABLISHMENT, FREE MOVEMENT OF
SERVICES, AND CAPITAL
6 Freedom of establishment 94
Hafsteinn Dan Kristjánsson
7 Freedom to provide and receive services 128
Erlend M Leonhardsen
8 Free movement of capital and payments 150
Carsten Zatschler
PART IV SELECT POLICIES
9 Competition 178
Ciarán Burke
10 State aid 202
Jörgen Hettne
11 Finance, banking, and insurance 225
Magnus Schmauch
12 Transport 257
Dag Sørlie Lund
13 Intellectual property 284
Graham Butler
14 Consumer protection 306
M Elvira Méndez Pinedo
15 Environment 326
Pål Wennerås
PART V REFLECTIONS
16 Public and private enforcement 349
Ólafur Ísberg Hannesson
17 The political future of the EEA 374
John Erik Fossum
18 A view from the European Court of Human Rights 399
Arnfinn Bårdsen
19 A view from the EFTA Court 413
Ólafur Jóhannes Einarsson
PART I INTRODUCTION
1 The EEA Agreement: on 30 years of an extended internal market 2
Graham Butler
PART II FREE MOVEMENT OF GOODS, PERSONS, AND WORKERS
2 Free movement of goods 11
Georges Baur
3 State monopolies of a commercial character 36
Marius Meling
4 Free movement of workers and persons 46
Benedikt Pirker
5 Social security coordination 70
Kjartan Bjarni Björgvinsson
PART III FREEDOM OF ESTABLISHMENT, FREE MOVEMENT OF
SERVICES, AND CAPITAL
6 Freedom of establishment 94
Hafsteinn Dan Kristjánsson
7 Freedom to provide and receive services 128
Erlend M Leonhardsen
8 Free movement of capital and payments 150
Carsten Zatschler
PART IV SELECT POLICIES
9 Competition 178
Ciarán Burke
10 State aid 202
Jörgen Hettne
11 Finance, banking, and insurance 225
Magnus Schmauch
12 Transport 257
Dag Sørlie Lund
13 Intellectual property 284
Graham Butler
14 Consumer protection 306
M Elvira Méndez Pinedo
15 Environment 326
Pål Wennerås
PART V REFLECTIONS
16 Public and private enforcement 349
Ólafur Ísberg Hannesson
17 The political future of the EEA 374
John Erik Fossum
18 A view from the European Court of Human Rights 399
Arnfinn Bårdsen
19 A view from the EFTA Court 413
Ólafur Jóhannes Einarsson
