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Jean-François Flauss, Julia Iliopoulos-Strangas - Das soft law der europäischen Organisationen - The Soft Law of European Organisations - La soft law des organisations européennes

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Jean-François Flauss (ed.), Julia Iliopoulos-Strangas (ed.)

Das soft law der europäischen Organisationen - The Soft Law of European Organisations - La soft law des organisations européennes

Series: Societas Iuris Publici Europaei (SIPE)

Volume 7 2012

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Enzo Cannizzaro, Emanuele Rebasti Soft law in the EU legal order S. 208-233

„… européenne Soft law in the EU legal order Enzo Cannizzaro* and Emanuele Rebasti** Introductory remarks …” „… : unity and diversity of soft law Soft law is a topic of increasing importance in the European legal order …” „… discharged by soft law within the EU legal order. In order to do so, we will use a particular methodology: we …”

Daniel Sarmiento European Soft Law and National Authorities: Incorporation, Enforcement and Interference S. 254-297

„… or authority, can exist in a legal order without a formal support among the pre-ordered acts provided …” „… difficulties of adjustment between competing legal orders in a globalized world, see, inter alia, E. STEIN …” „… widely extended in national legal orders.2 The conceptual driving force behind these events is efficiency …”

Titelei/Inhaltsverzeichnis S. 1-25

„… 1, 3001 Bern Tel. +41 31 300 66 77 • Fax +41 31 300 66 88 order@staempfli.com …” „… has also been introduced into European law. Given the controversies surrounding its definition, legal …” „… for discussion among scholars of law within the European legal space. The multi-layered and …”

Allan Rosas Soft Law and the European Court of Justice S. 304-325

„… direct effect in the Union legal order. To the extent that it is to be considered as binding, it is …” „… , as they are far from soft in their respective national legal order. It remains the case, however …” „… legal order (as there may be conflicts and tensions between the different national constitutions).34 …”

Guenter Schirmer Goals and Functions of European Soft Law – Statement – S. 198-207

„… their legal impact: Initiatives for the Assembly to look into a particular subject-matter are taken by …” „… majority of two-thirds, whereas a simple majority is sufficient for a resolution.3 In order to ensure that …” „… the Head of Secretariat, Secretariat of the Committee on Legal Affairs and Human Rights, Parliamentary …”

Vassilios Christianos Soft Law in the European Union : Effectiveness and efficiency through the Court of Justice of the European Union – Statement – S. 326-331

„… instruments are deprived of legal effects. Secondly, there are different instruments of soft law. Soft law in …” „… certain legal effects in practice.4 The present contribution tries to explore two of the most interesting …” „… aspects of EU soft law instruments; the question of their legal effects (I) and the question of their …”

Articles of Association of the Societas Iuris Publici Europaei S. 420-423

„… academic forum, is to discuss and to clarify questions of public law including its impact on the legal …” „… will perform the tasks concerned until the next General Meeting takes place. (V) In order to prepare a …”

Matthias Knauff Legitimität und Legitimation des europäischen Soft Law – Grundfragen und Lösungsansätze – S. 370-401

„… legitim letztlich (grundsätzlich nur) das angesehen wird, was legal ist,9 bleibt eine Rückanknüpfung an …” „… verstehenden Soziologie, Frankfurt a.M., 2005, Kap. 3 § 2, der die „legale Herrschaft“ als Unterfall der …” „… , 2007, S. 405 (420); DIES. / I. PAGOTTO, Soft Law as a New Mode of Governance: A Legal Perspective …”

doi.org/10.5771/9783845235851

Jakub Urbanik, Adam Bodnar - Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

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Jakub Urbanik (ed.), Adam Bodnar (ed.)

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021

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Koen Lenaerts The Autonomy of the EU Legal Order S. 387-402

„… 387 Koen Lenaerts THE AUTONOMY OF THE EU LEGAL ORDER Abstract The EU legal order is autonomous …” „… parts. In Part 1, the conditions for the incorporation of external norms into the EU legal order are …” „… External Norms into the EU Legal Order It is true that the EU legal order is open to external influences …”

Jakub Urbanik, Paweł Marcisz Juristocracy Rainbow-Tested: The Case of Poland S. 705-742

„… one ascertains, just as Justice Kennedy did in Obergefell v Hodges, that super-(or extra-)legal order …” „… between both legal figures was further emphasised by the Second (sic!) Senate – 2 BvR 909/06 (Order of 7 …” „… admissible marriage structure to the supra-legal order, emphasises its perennial and principally unchangeable …”

Wojciech Sadurski Judicial Duty of (Public) Reason-Giving S. 595-604

„… law and yet I would use them (and only them) anyway in order to maximise the chances of giving legal …” „… does not promise any momentous intellectual or legal excitement. It deals with the law on road traffic …” „… Act, to LGBTQ+ pride parades (called in Poland Equality Parades), in order to placate the conservative …”

Dieter Grimm Judicial Behaviour under Political Pressure S. 219-226

„… that contains the principles and guidelines of the legal and social order so that open-ended norms are …” „… should render deferential judgments in order to avoid the risk of being dissolved, curbed or packed …” „… Union, which is devoted to democracy and the rule of law, transformations of the political and legal …”

Gábor Halmai From ‘Illiberal Democracy’ to Autocracy. How Covid-19 Helped to Destroy the Remnants of Democracy in Hungary S. 227-240

„… country. On the orders of the Hungarian health minister (not even by a legal norm) these commanders …” „… situations, like the Coronavirus pandemic require special legal and constitutional measures even in …” „… legitimate public interest, like public health, public order, security and fundamental rights, such as right …”

Matej Avbelj The Future of Europe beyond the Constitutional Crisis S. 23-34

„… primacy,11 direct applicability12 and direct effect13 that penetrated national legal orders, requiring …” „… replete with human rights protection, without the Community legal order itself being subject to the same …” „… just and fair society, is reestablished and worked upon as part of our shared legal and political …”

Jerzy Zajadło Aesthetics of Law: Old Wine in a New Bottle S. 787-796

„… Pragmatic aesthetics, formulated by Richard Schusterman, is also very useful in our research. Legal …” „… possess an analogous 1 Cf., J. Zajdało, ‘A graphic image of the legal system: law, aesthetics, the …” „… ‘relatively undeveloped subject’ in Polish legal research, but elsewhere it is not the case. Anglo-Saxon …”

Stephan Breitenmoser, Oliver Schmid The Right to Abortion in the European Convention of Human Rights S. 105-118

„… January 2021. Thus, the most common of the few legal grounds for pregnancy termination will be rejected …” „… incompatible with the Polish constitution.1 This means that the most common of the few legal grounds for …” „… proportion of cases of legal terminations.4 Since Poland had one of the most restrictive abortion laws in …”

Menachem Mautner Democratic Backsliding in Israel S. 473-484

„… legal system. Time and again, he aborted proposals put forward by right-wing politicians for taking …” „… that the whole country would enter complete lockdown in order to decimate the virus. Politicians and …” „… court system with the result of postponing the legal proceedings initiated against Netanyahu. Fifth …”

Tomasz Tadeusz Koncewicz The Constitutional Adjudication on the Frontier S. 337-356

„… aware that constitutional judges tend to see their legal order above all the others and consider …” „… popular to present the relationship between the legal orders of the European Union and Member States in …” „… terms of legal pluralism which means that these orders interact, adapt to each other, accommodate each …”

Dimitry Kochenov Rule of Law as a Tool to Claim Supremacy S. 323-336

„… and to disqualify substantive arguments of principle originating in other legal orders. The Rule of …” „… order. This particular function has been somewhat overlooked in legal scholarship, colleagues focusing …” „… effective, has to claim supremacy and fend-off counter-claims originating from other legal orders operating …”

Marta Bucholc Telling the Tale of Law after a Hostile Takeover S. 119-128

„… reality just in order to restructure it again before the structuring effect of the legal change has been …” „… analysed as a parallel degradation of cultural values, legal orders, and the souls of people alike. Allan …” „… analyse the hostile takeover of law as a process by which some legal narratives lose their performative …”

Ben Smulders Some Reflections about the Role of the Rule of Law in a Democratic System in which the European Union Operates S. 665-678

„… legal order. Whilst the Union has public authority and is bound by law, in exercising that authority it …” „… Case, the Union ‘constitutes a new legal order of international law for the benefit of which the …” „… its case law that there are the very foundations of that legal order that never must be breached. In …”

Vilenas Vadapalas Res Judicata in Comparative Perspective of International Law, European Union Law and European Convention of Human Rights S. 743-754

„… to international legal order by case-law of international courts and tribunals and doctrine with …” „… importance, both for the EU legal order and for the national legal systems, of the principle of res judicata …” „… . In order to ensure stability of the law and legal relations, as well as the sound administration of …”

Martin Krygier The Spirit of Constitutionalism S. 357-372

„… constitutional or even ‘public’ law, but extends to the gamut of laws in a legal order. I would argue, further …” „… an inspiring value of many legal and constitutional orders, in response to the dangers of arbitrary …” „… countries and legal orders that are ‘post’ some calamity such as military dictatorship, communist rule, and …”

Allan F. Tatham ‘Choose Your Judges Wisely’: Use of Third Parties in Selecting Members of International Courts S. 693-704

„… of the international legal order and the differing jurisdictions of its courts and tribunals will …” „… OF INTERNATIONAL COURTS Abstract In order to avoid or reduce the prospect of politicisation of the appointment of …” „… under more detailed consideration.2 In seeking to 1 D. Shelton, ‘Legal norms to promote the …”

Hinnerk Wißmann Liberty and Protection of Life – Border Issues of the Constitutional State S. 763-772

„… remain a subject of the legal order.6 This decision has been widely criticized. Some suspected that the …” „… the long run anyway, these legal rights cannot be guaranteed by the state by constitutional order …” „… men whose legal and personal biographies are determined by the processing and coping with turning …”

Adam Bodnar The Role of the Commissioner of Human Rights of the Republic of Poland in the Fight for Rule of Law in Poland S. 93-104

„… petitioners, in order to present comprehensive legal opinions. The Ombudsman also participated personally in …” „… law in Poland. The basic principles of the constitutional order were undermined, the independence of …” „… the Ombudsman of 7th term in order to defend the rule of law. 1 E. Łętowska, ‘The Commissioner for …”

Marek Safjan Symmetry in Search of an Appropriate Response to the Crisis S. 605-622

„… order based on shared values, it is impossible to view one national legal system in isolation. This …” „… ’ legal orders with regard to providing an adequate level of fundamental rights and judicial protection …” „… the whole legal order of the Union, and thus in every Member State.24 This mechanism of mutual trust …”

Jiří Přibáň Constitutional Theory and the Imaginary of Human Rights S. 555-566

„… be considered a second-order generalization of general legal rules. It is part of the general …” „… functionality of a global legal order34 and limitations of supranational and international law-making and its …” „… , nor any supranational organization and its legal order can represent the totality of society.45 In …”

Leonard Besselink Some of the Pre-Conditions for Democracy under the Rule of Law S. 83-92

„… become no more than an empty label that applies only nominally to the judiciary in a legal order, an …” „… constitutional principles underlying the relevant system, but are generally praeter-legal, and of a political or …” „… , moral and spiritual crisis. Keywords Constitutional democracy; Backsliding; Legal and political norms …”

Lech Garlicki Polish Judicial Crisis and the European Court of Human Rights (a few Observations on the Ástráðsson Case) S. 169-182

„… international treaties – once duly ratified, ‘shall constitute part of the domestic legal order and shall be …” „… Convention and the EU Treaties have been assimilated into the domestic legal order. 18 Garlicki & Derlatka …” „… ‘domestic legal order’. It means that serious breaches of those norms in the process of judicial …”

Adam Ploszka Efficiency of the European Court of Human Rights Priority Policy. The Case of Applications Related to the Polish Rule of Law Crisis S. 539-554

„… the legal authority to order a dismissal without obligation to justify such a decision. The dismissed …” „… , ‘Bypassing the Constitution or changing the constitutional order outside the constitution’, [in:] A. Szmyt …” „… Government’s actions have evoked a robust response from civil society, watchdog organisations and the legal …”

Frank Clarke, Rachael O’Byrne The Influence of the Common Law Tradition on the Development of Written Constitutions: An Irish Perspective S. 129-140

„… development by courts. The use of the comparative legal method, often employed in common law systems, is of …” „… before. The framers of constitutions will have grown up in a legal culture which will inevitably …” „… order is rejecting about the old will nonetheless almost certainly influence the way in which a new or …”

Regina Kiener, Ivan Gunjic The Election of Federal Judges in Switzerland and the Rule of Law S. 289-300

„… democratic principle has in the Swiss constitutional order. Parliamentary oversight is limited to questions …” „… , see Article 35(2) ParlG for composition of offices. 29 Article 17(1) of the Standing Orders of the …” „… ) of the Standing Orders of the Council of States (Geschäftsreglement des Ständerates, GRS) of 20th …”

Uwe Kischel Step Forward for Europe – the German Constitutional Court’s Decision on PSPP S. 301-322

„… a large number of legal questions that will need to be answered in order to determine whether the …” „… an independent legal order which was created by the Treaties, but which in no way continues to …” „… derive its binding character from them, let alone from the Member States.40 This independent legal order …”

Titelei/Inhaltsverzeichnis

„… .............................. 373 Koen Lenaerts The Autonomy of the EU Legal Order …” „… ................................................................................... 403 Adam Łazowski Legal Adventures of the Man on the Clapham Omnibus …” „… the Comparative and Public Economic Law Department at the Institute of Legal and Administrative …”

Matthias Ruffert Ultra Vires: Four Reasons for Distinguishing S. 587-594

„… force in Germany.’3 Of course, the PSPP-judgment caused reactions in the general public and legal …” „… sympathy for the Polish legal academia and the tremendous achievements made in our neighbour country to …” „… , European Constitutional Law, Cambridge 2016 (2nd ed.), pp. 117 ff. 11 BVerfG, 2 BvR 2661/06 (Order of 6 …”

Christian Åhlund South Africa: Defeating Apartheid by Weaponizing the Law S. 1-6

„… . Obviously, this legal battle was obviously primarily fought by attorneys but there were also many judges …” „… shape, namely to use the law as a tool of international development, in order to build freedom and …” „… the other hand, had chosen to retain them but on a lower level, in order to have a reliable point of …”

Christophe Hillion Empowering the Filibuster – the EU General Conditionality Mechanism in the European Council S. 241-256

„… further corroding the EU legal order,59 as have assaults on free media,60 further undermining democracy …” „… feature of the EU legal order since its inception, and a key to its survival. Observance of those common …” „… an organisation based on the rule of law, and perverted its foundations as a political order. Indeed …”

Andrzej Drzemczewski The Erosion of the Rule of Law and of Judicial Independence in Poland since 2015: the Council of Europe’s Reaction – too Little, too Late? S. 149-168

„… speaking – well in advance in remedying shortcomings in its constitutional, political and legal order.8 …” „… standards and remedy shortcomings in their constitutional, political and legal orders as part of the …” „… the constitutional order’]: The dynamics of unconstitutional activities of the political forces [from …”

Stephanos Stavros Tribunal Established by Law: Some Thoughts on the Guðmundur Andri Ástráðsson v Iceland Judgment of the European Court of Human Rights S. 679-692

„… appointments. 53 As pointed out by the minority in the Chamber judgment, many national legal orders make a …” „… legal order’ and M. Vilaras, ‘The rule of law milestone: Upholding judicial independence in the member …” „… nullity ab initio. It had, therefore, become a fact with legal consequences. AE, as from the moment of …”

Adam Łazowski Legal Adventures of the Man on the Clapham Omnibus S. 415-426

„… 415 Adam Łazowski LEGAL ADVENTURES OF THE MAN ON THE CLAPHAM OMNIBUS Abstract The man on the …” „… . It is a fictional short story, where the legal developments are presented through the eyes of this …” „… , and continue watching the world go by in order to digest how ordinary people perceive the meaning of …”

Jiří Zemánek Facing Decline of Democracy: The View of the Czech Constitutional Court S. 797-802

„… into domestic legal orders, questioning the equality of democratic legitimacy of the EU institutions …” „… Constitutional Court, prudent vis-a-vis the status of the EU law within the domestic legal order, has found …” „… the entire order of fundamental rights in constitutional democracy. Their protection by the …”

Martin Morlok Zur gebotenen Formalität des Rechts der Politik S. 499-512

„… political process needs legal regulation in order to civilize the struggle for power, to render rational …” „… an order of competition. Fair competition is dependent on a competition law which guarantees equal …” „… discretion and thus helps to fight political manipulation of the legal decisions and enhances the …”

Zdeněk Kühn The Rise and Fall of Central Eastern European Constitutional Courts S. 373-386

„… what fragments it from the perspective of legal theory and judicial practice? The usual disclaimer …” „… oversight over the executive. Constitutional review or any other control of the political power by legal …” „… agents of social change in their respective national legal systems towards liberal capitalism.9 Moreover …”

András Sajó Demons Exposed: Freedom of Expression Justifications Challenged by the Internet S. 623-638

„… more than fifty years ago in the case of that terribly dangerous thing: the television. Several legal …” „… 630 ject to legal intervention in a world based on the assumption that liberty is the default. Of …” „… democracy – imagined as a political order of people with equal cognitive power – are suddenly too …”

Petra Bárd The Bumpy Road to Rule of Law Enforcement: The Commission’s 2020 Annual Rule of Law Report S. 59-68

„… Report The concept of liberal democracy is in danger and the tools used to destroy it are legal …” „… emerging or deepening, and that it would promote ‘a robust political and legal rule of law culture …” „… throughout the EU’.18 In order to pretend that ‘prevention’ is still meaningful, the Commission’s Rule of Law …”

Matthias Mahlmann Lies, Contempt, and Democracy. The Politics of Falsehood and the Destruction of Democracy’s Life-World S. 441-454

„… – at least in principle – of a political order efficiently directed at the common good, but it has …” „… historically grown orders of power, and rather rarely, if ever, in normatively structured republics of …” „… Professor, Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law, Faculty of …”

Eberhard Schmidt-Aßmann Rechtsstaat und Gerichtsschutz S. 651-664

„… the interrelations between rule of law and judicial review in the German and Polish legal order. It …” „… “, „Legal certainty“ und „Access to Justice“ als zentrale Kriterien benannt, nach denen zu beurteilen ist …”

Hartmut Bauer Deutschlands langer Weg zum Bürgerbeauftragten S. 69-82

„… position in international, but above all in European legal comparison. The situation is quite different at …” „… . 36 Verfassung des Landes Mecklenburg-Vorpommern vom 23. Mai 1993 (Gesetz- und Ver ord nungblatt für …”

doi.org/10.5771/9783748931232

Richard Soyer, Stefan Schumann - Verfahrensgerechtigkeit für Unternehmen

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Richard Soyer (ed.), Stefan Schumann (ed.)

Verfahrensgerechtigkeit für Unternehmen

Series: Unternehmensstrafrechtliche Tage

Volume 3 2022

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Verena Murschetz Mutual legal assistance in corporate criminal proceedings – comments on the European Investigation Order S. 195-208

„… OrderVerena MurschetzInhaltIntroductionA. 195Legal bases for mutual legal assistance in generalB. 196Mutual …” „… from implementing the EU instrument into their national legal orders and altering it in this …” „… Mutual legal assistance in corporate criminal proceedings – comments on the European Investigation …”

Simeneh Kiros Assefa Corporate Criminal Responsibility in Ethiopia: A brief overview of three subjects S. 211-226

„… Credit (May 15, 2002)”5 In Ethiopian legal system ‘Proclamation’ is a statute adopted by the parliament …” „… “investigate customs and tax offences, [and] institute…criminal proceedings in court.”10 In order to enable …” „… (5) gives the impression that only legal entities that have administrative power are excluded from …”

Robert Wallner Mutual Legal Assistance in Corporate Criminal Proceedings (CCP) – Summary/Handout S. 209-210

„… Mutual Legal Assistance in Corporate Criminal Proceedings (CCP) – Summary/HandoutRobert WallnerMLA …” „… in criminal investigations or prosecutions against legal entities is an established practice …” „… no legal basis for cooperation in CCP’s existed or that there was no double criminality are rare …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Intelligenz zu Zwecken von Strafverfolgung und Gefahrenabwehr 177Malaika NoldeMutual legal assistance in …” „… corporate criminal proceedings – comments on the European Investigation Order 195Verena MurschetzMutual …” „… Legal Assistance in Corporate Criminal Proceedings (CCP) – Summary/Handout 209Robert WallnerCorporate …”

Michael Kubiciel Rationalisierung der Sanktionszumessung im Unternehmensstrafrecht S. 77-96

„… der Diskontinuität anheimgefallen ist,4 finden sich solche „legal transplants“5, d.h. Normen …” „… Strafrechtsvergleichung, Rechtswissenschaft 2012, S. 212 (218); A. Watson, From Legal Transplants to Legal Formants, The …” „… des Ordnungswidrigkeitengesetzes (OWiG) den Hinweis, dass Grundlage für die Zumessung der Geldbuße …”

doi.org/10.5771/9783748933939

Claus Kreß, Flavia Lattanzi - The Rome Statute and Domestic Legal Orders

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Claus Kreß (ed.), Flavia Lattanzi (ed.)

The Rome Statute and Domestic Legal Orders

2000

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Frank Jarasch, Claus Kreb THE ROME STATUTE AND THE GERMAN LEGAL ORDER S. 124-145

„… FRANK JARASCH AND CLAUS KREß THE ROME STATUTE AND THE GERMAN LEGAL ORDER In line with the general …” „… jurisdiction over the ICC crimes in national legal orders. It is a difficuIt challenge, however, to establish a …” „… reasons Germany cannot incorporate the crimes under internationallaw in its legal order by way of a …”

Juan Antonio Yanez-Barnuevo, Aurea Roldan SPAIN AND THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT S. 230-251

„… theSpanish legal order and on the appropriate ratification procedure according to the Constitution. Within …” „… international sphere, combatting impunity for international crimes and reinforcing the international legal order …” „… : SPAIN 199 legal order. This was the essential meaning of the dictamen (legal opinion) of the Council of …”

Titelei/Inhaltsverzeichnis S. 1-24

„… The Rome Statute and Domestic Legal Orders VolumeI General Aspects and Constitutional Issues Claus …” „… Verlagsgesellschaft ~ Baden-Baden -.lLJL il 5 ire n t e The Rome Statute and Domestic Legal Orders Volume I: General …” „… challenge of implementing the Rome Statute into their domestic legal orders. In 1999 a number of government …”

Paolo Benvenuti ITALY, IMPLEMENTATION OF THE ICC STATUTE IN NATIONAL LEGISLATION, CONSTITUTIONAL ASPECTS S. 156-171

„… legal order once the ICe starts its work. It is clear, however, that such legislation is essential …” „… first option consists in, first of aIl, suitably adapting the internal legal order to the multiple …” „… legislation in order to give full and effective implementation in the domestic legal system to the Statute …”

Irene Gartner IMPLEMENTATION OF THE ICC STATUTE IN AUSTRIA S. 84-97

„… versions are concerned, we have been informed by the Legal Counsel of the United Nations that additional …” „… Office of Legal Affairs. Therefore, the preparation of the certified consolidated version of the Statute …” „… Austrian Penal Code. This provision was introduced in order to fulfil the obligations resulting from the …”

Bibliography S. 280-289

„… Court Statute in Domestic Legal Orders - 12th - 13 th November 1999: Report on the Meeting, Teramo, 1999 …” „… in English; price 36,15. http://www.nomos.de nomos@nomos.de http://www.sirente.it orders@sirente.it …” „… http://www.sirente.com orders@sirente.com printed on July 2000 by ARTE DELLA STAMPA L'Aquila …”

Otto Triffterer LEGAL AND POLITICAL IMPLICATIONS OF DOMESTIC RATIFICATION AND IMPLEMENTATION PROCESSES S. 34-61

„… situation and what they may have to face when not obeying to the legal order expressed and established by …” „… being part of the legal order of the community of nations. As such, it has an enforcement mechanism of …” „… order to achieve peace through justice. The discussion of all legal issues connected with the …”

Helen Duffy, Jonathan Huston IMPLEMENTATION OF THE ICC STATUTE: INTERNATIONAL OBLIGATIONS AND CONSTITUTIONAL CONSIDERATIONS S. 62-83

„… providing for the existence of a 'supranational' legal order33 • However, even where the obligations can be …” „… enshrined in the domestic legal order. A violation of article 88 may arise only where cooperation is …” „… gathering evidence, detaining suspects and complying with enforcement orders of the Court!. The ability of …”

Phani Dascalopoulou-Livada THE IMPLEMENTATION OF THE ICC STATUTE IN GREECE: SOME THOUGHTS S. 146-155

„… international legal order is already a platitude. What is less said, although it has never been disputed, is …” „… that it is going to have a great influence on national legal orders as weIl. This is a divergence to be …” „… Statute in the domestic legal order. Surely, no predictions can be made as to what the Committee will …”

Presentation by the Italian Minister of Justice S. 30-33

„… re-structuring State apparatus and domestic legal orders. In the new international context generated by …” „… legal cultures in distinct legal entities and orders. However, when potentially enriching differences …” „… functioning of, the International Criminal Court (ICC) is a valuable contribution to legal research and …”

Sivuyile S Maqungo IMPLEMENTING THE ICC STATUTE IN SOUTH AFRICA S. 216-229

„… consultative conference. The purpose of this conference was to exchange views amongst the legal experts of the …” „… various government departments in order to investigate which legislation will be affected by …” „… they administer and make the necessary amendments in order to bring their legislation in line with the …”

Jonathan Huston RATIFICATION OF THE ROME STATUTE IN THE PRINCIPALITY OF LIECHTENSTEIN: GENERAL CONSIDERATIONS AND CONSTITUTIONAL QUESTIONS S. 172-183

„… Liechtenstein legal order is not in tension with the Rome Statute in these areas, or the tension arises at the …” „… would uphold the domestic legal order of Liechtenstein, while allowing Liechtenstein to fulfill its …” „… legal office, outsourcing a comprehensive project such as the development of implementing legislation …”

Michael Cottier THE CASE OF SWITZERLAND S. 252-279

„… its provisions into its own legal order. Also, the Rome Statute addresses crimes of a particular …” „… legal assistance as weIl as legislation providing for domestic jurisdiction over offenses against the …” „… to ratification. First of all, Switzerland is required to legislate in order to comply with the …”

Paula Escarameia NOTES ON THE IMPLEMENTATION OF THE ROME STATUTE IN PORTUGAL S. 184-201

„… cases of terrorism and organised international crime and provided that the legal order of the requesting …” „… 1uding remarks. 1. Incorporation of International Law into the Portuguese interna) order The …” „… resolutions of the Security Council, see, among others, RAMos, Relaqi5es entre a Ordem Interna e 0 Direito …”

Daniel D Ntanda Nsereko IMPLEMENTING THE ICC STATUTE WITHIN THE SOUTHERN AFRICAN REGION (SADC) S. 202-215

„… , they were living up to one of the 2 Generally see NSEREKO, Crime Prevention in Southern Africa: A Legal …” „… treaties generally. The practice in each country is influenced by the legal system existant there …” „… . Generally speaking the region falls under three legal systems: English Common Law, Roman-Dutch Common Law …”

doi.org/10.5771/9783845258683

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (ed.), Halvard Haukeland Fredriksen (ed.), Hans Petter Graver (ed.), Ola Mestad (ed.), Christoph Vedder (ed.)

Agreement on the European Economic Area

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Christoph Vedder The EEA in the Union’s Legal Order S. 101-124

„… The EEA in the Union’s Legal Order I. The EEA as a result of the external European relations policy …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 II. The EEA Agreement within the Union’s legal order …” „… Union’s Legal Order Vedder 101 1 2 3 EU. It was with the creation of the EEA that the divide between the …”

Peter-Christian Müller-Graff Article 77 [Provisions on company law] S. 742-751

„… topic of the legal consequences of the order of nullity of a company by decision of a court of law in …” „… transmission of the concept of the internal market of the EU to the EEA. In order to attain freedom of …” „… States in a legal environment of company law that resembles familiar characteristics of company law in …”

Titelei/Inhaltsverzeichnis

„… and complexity of EU’s legal market order. In several areas, EU has also established Union agencies to …” „… Union’s Legal Order .................................................. 101 EEA law in and beyond the text …” „… Legal Order”. Authors Tarjei Bekkedal, Professor Ph.D. (Oslo), Centre for European law, University of …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… indispensable for the autonomy of the Community legal order’.39 Despite its presumed importance, however, the …” „… of the Court of Justice within the Community legal order’ in Opinion 1/92 (para. 22) must be read as …” „… of Justice of the European Communities, a Contracting Party may, in order to remedy possible …”

Per Christiansen Article 36 [Action for annulment] S. 1041-1046

„… law relating to their application, or misuse of powers. Any natural or legal person may, under the …” „… paragraph extends the right of challenge to any natural or legal person that is directly and individually …” „… subject of a challenge before the Court. Measures that seek to bring about a change in the legal position …”

Finn Arnesen, Halvard Haukeland Fredriksen The Contracting Parties S. 145-150

„… in the Union’s Legal Order’ in part I of this book. 2 See Art. 43 of the EFTA Convention, whose …” „… Agreement. Obviously, from a legal perspective there was no need to amend the EEA Agreement in order to …” „… organisation with legal capacity, but the EFTA Member States have not vested it with any competence to enter …”

Christian Jordal, Gjermund Mathisen Article 62 [Review of State aid through the ESA and the Commission] S. 598-605

„… . sections IV and V below, mn. 21-38. The legal framework Together with Art. 24 SCA, Art. 62 EEA constitutes …” „… the basic legal framework for ESA’s handling of state aid cases (Art. 62(1)(b)), referring to Art. 108 …” „… ). With a legal basis in the Procedural Regulation, the Commission has adopted an Implementing Regulation …”

Henrik Bull Article 43 [Protective measures] S. 490-495

„… direct effect in the EU legal order, see comments to Art. 40 EEA. PART II: The Agreement on the European …” „… order to evade the rules of one of these States concerning the movement of capital to or from third …” „… take, for a strictly limited period, the necessary measures in order to counter the consequences of …”

Henrik Bull Article 42 [Circumvention of capital movements liberalization] S. 489-490

„… legal order, see comments to Art. 40 EEA. PART II: The Agreement on the European Economic Area 490 Bull …” „… within the territory of the Contracting Parties which are provided for in Article 40 in order to evade …” „… period, the necessary measures in order to counter the consequences of such alteration. 4. Where an EC …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… comply with the request from ESA to implement the Directive properly into its legal order. Thus, in …” „… massive capital investment from both public and private sources in order to develop efficient transport …” „… EU and EFTA States alike have provided and continue to provide heavy funding in order to secure the …”

Finn Arnesen Article 119 [Annexes and Protocols as integral part of the Agreement] S. 912-919

„… in the Annexes, which are all legal acts adopted under a different legal order, the EU legal order …” „… adopted within the EU legal order. These lists are constantly adjusted to the legislative development in …” „… basis for rights it does not when applied within the framework of the EU legal order. The EFTA Court …”

Marthe Kristine Fjeld Dystland, Ida Sørebø Article 7 [Binding effect and implementation of EU legal acts] S. 248-270

„… the Contracting Parties and be, or be made, part of their internal legal order as follows: a) an act …” „… corresponding to an EEC regulation shall as such be made part of the internal legal order of the Contracting …” „… of the “internal legal order” is usually achieved by implementation of the act through national …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… are, parallel to the EU legal order, convinced that individuals will play an important role in the EEA …” „… and reside, in the EU legal order, only applied to economically active persons, i.e. workers (now Art …” „… , stemming from Union citizenship. The concept of ‘citizenship of the Union’ in the EU legal order …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… international public law or rather a ‘constitutional’ treaty that contains a distinct legal order of its own?24 …” „… contains a distinct legal order of its own’ and, apparently on this basis, deduced from its object and …” „… the EU. Thus, characterising the EEA as a distinct legal order does not in itself contribute anything …”

Finn Arnesen, Halvard Haukeland Fredriksen Preamble S. 150-171

„… legal order, where the equality of the Member States has to be read in light of, e.g., the rules on …” „… concerning the effect of EEA law in the legal orders of the EEA Contracting Parties, reciprocity is hardly …” „… perspective, the ECJ’s protection of EEA-based rights within the EU legal order could be influenced by the …”

Karin Fløistad Article 29 [Social security for workers and self-employed persons] S. 385-391

„… , however, part of the dispute in the EU legal order in the case C-431/11 UK v. Council.6 The case is one of …” „… from expressing the differences between the EU and the EEA legal order. Thus, historically speaking …” „… differences between the two legal orders. In its first decision on the EEA Agreement, the ECJ underlined the …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 IV. Other agreements with the EU . . . . . . . . . 23 V. EEA law in the Liechtenstein legal order …” „… international law as part of its national legal order. Subsequently, EU acts do not necessarily have to be …” „… legal order it is also important to note that, thus far, Liechtenstein has not faced constitutional …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 74 [Protective measures] S. 721-737

„… Community legal order, such as references to territories of the EC, Protocol 1 on horizontal adaptations …” „… legislator is given competence to ‘decide what action is to be taken by the Union in order to achieve the …” „… objectives referred to in Article 191’. The legal acts referred to in Annex XX thus represent the core of EEA …”

Per Andreas Bjørgan Article 22 [Monitoring the application of the EEA Agreement and the SCA] S. 1007-1009

„… subsequently be implemented in the national legal orders of the EFTA States.3 To date, more than 11 000 EU …” „… effectively implemented in their national legal orders. ESA has various means at its disposal to ensure such …” „… Art. 7 EEA, states that regulation shall “as such be made part of the legal order of the Contracting …”

Christophe Hillion Article 118 [Extension of the EEA Agreement to new fields] S. 904-912

„… . The ECJ has jurisdiction to interpret the EEA Agreement within the EU legal order, having in turn an …” „… legal order, the latter remains primarily dependent on the Contracting Parties as such. Negotiation and …” „… considering the nature of the EEA legal order, an extension under Art. 118 EEA would concern mainstream areas …”

Index S. 1125-1141

„… Autonomy EU legal order I EU 45 ‘Average consumer’ II 72 8 Aviation safety rules II 47 40 Award of …” „… 10 4, 34 2, 3, 69 3 – direct applicability II 7 11, 13, 54 – EU legal order II 31 – in the EEA II …” „… 7 55, 56, 57 – in the EFTA states II 19 – in the EU II 7 53, 54, 58 – in the EU legal order II 19 …”

Halvard Haukeland Fredriksen Article 105 [Homogeneous interpretation of EU and EEA law] S. 825-835

„… question of the legal effect of EEA law in the legal orders of the Contracting Parties. Crucially, this …” „… principle of homogeneity embraces the legal effect of EEA law in the legal orders of the Contracting Parties …” „… conception of homogeneity is limited to the question of the effect of EEA law in the legal orders of the …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 75 [More stringent national measures] S. 737-740

„… one legal act – Dir. 2002/49/EC relating to the assessment and management of environmental noise. Acts …” „… of which the contracting parties take note In addition to the legal acts listed in its Chapters I-VI …” „… protective measures compatible with this Agreement. I. Legal Context Art. 75 reproduces in substance Art …”

Margrét Einarsdóttir, Ragnhildur Helgadóttir Iceland and the EEA S. 13-35

„… does not have direct effect in Icelandic law. In order for an individual or any legal entity to rely on …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 IV. Other agreements with the EU . . . . . . . . . 23 V. EEA law in the Liechtenstein legal order …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 III. General Impact of EEA on Icelandic law: Impact on legal theory . . . . . . . . . . . . 18 IV …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… policing of the Joint Committee´s competence to include it into the EEA legal order, for instance having …” „… of substance, procedure or effect in the national legal orders, but whether the rules are …” „… . Effect in the legal order State liability Opinion 1/91 emphasized that the EEA Agreement was a …”

Dora Sif Tynes Article 110 [Enforceability of decisions of the ESA and the Commission and of judgments of the EFTA Court and the EU Courts] Einarsson/FredriksenEnforceability of decisions and judgements S. 860-865

„… XIV EEA or the provisions of Protocol 4 SCA with binding effect within the Norwegian legal order is …” „… ). Whether an internal legal basis for binding decisions from ESA is really needed in order for such a …” „… it is carried out. The order for its enforcement shall be appended to the decision, without other …”

Christophe Hillion Article 127 [Withdrawal from the EEA Agreement] S. 953-961

„… the EU, and has not joined the EFTA group. Exiting one legal order before the other, whatever the …” „… order, would entail legal and practical difficulties, and challenge legal certainty. Coordination …” „… sense of broadening or deepening the EEA legal order should rather be introduced through the specific …”

Dora Sif Tynes Article 94 [The EEA Joint Committee: presidency, meetings, sub-committees and working groups] Functioning of the EEA Joint Committee S. 786-789

„… the EFTA States. 2. In order to fulfil its functions, the EEA Joint Committee shall meet, in principle …” „… policies (IV) and legal and institutional questions (V).2 These subcommittees correspond to the …” „… preparation for the incorporation of new acquis. Subcommittee V on legal and institutional questions meets …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… order to achieve the objective of sustainable development; Affirming their commitment to the observance …” „… assist each other in customs matters in general in accordance with the provisions of Annex B in order to …” „… legal powers to control the activities of regional or local government authorities or enterprises under …”

Per Christiansen Article 32 [Infringement action by an EFTA State] S. 1029-1030

„… implement a legal act into the legal order, that legal act must be imple- 2 See the definition of interested …” „… actions may be granted legal aid.21 The Court procedure normally takes eight to 12 months. An expedited or …” „… an application to the Court under Art. 70 RoP, upon which the Court makes an order. Such cases hardly …”

Per Christiansen Article 33 [Compliance with judgements of the EFTA Court] S. 1030-1032

„… legislation. If the judgment concerns a failure to implement a legal act into the legal order, that legal act …” „… , circumstances concerning provisions, practices or situations prevailing in the domestic legal order are the …” „… of declaring that a legal or factual situation in the EFTA State is fully, partly or not in breach of …”

Thomas Chr. Poulsen Article 43 [Statute and Rules of procedure of the EFTA Court] S. 1056-1065

„… been the most senior legal secretary present at the Court. Now, however, a newly appointed assis- 2 See …” „… legal persons who bring actions against the institutions must be represented by a lawyer. According to …” „… establish an interest in the result. However, natural or legal persons shall not intervene in cases between …”

Dora Sif Tynes Article 108 [The ESA and the EFTA Court: Establishment and competences] S. 840-852

„… Agreement by fully, correctly and timely transposing EEA acquis into their domestic legal order and by …” „… . The President then affirmed that the EFTA Court assumes an essential role on the EEA legal order and …” „… both pillars. The EEA Agreement and the TFEU are different legal instruments of different legal orders …”

Jonas W. Myhre Article 16 [State monopolies of a commercial character] S. 323-335

„… the conditions for the direct effect of international obligations in the EU legal order differ …” „… somewhat from the conditions for the direct effect of EU law in the national legal orders of the EU Member …” „… , however, for restrictions on trade inherent in the existence of the monopolies in question.”4 In order …”

Introduction S. 1-13

„… legal orders of the Contracting Parties. The crossing of the Rubicon took place in 1999, when the EFTA …” „… order to ensure homogeneity and legal certainty in the European Economic Area’.56 The 2016 assessment …” „… Introduction The EFTA States, the EEA and the different views on the legal integration of Europe I …”

Fredrik Bøckman Finstad Norway and the EEA S. 59-80

„… difficulties in a dualistic legal order. However, what has sometimes been referred to as a de minimis rule …” „… as such part of the internal legal order. In the Norwegian legal system, this requirement has been …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. The legal position of EEA law under Norwegian law . . . . . . . . . . . . . . 15 5 …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… their domestic legal orders.64 58 See e.g. C-18/93, 17.5.1994, Corsica Ferries, para. 18. 59 See further …” „… in the Contracting Parties’ legal orders. However, such proceedings must be conducted in a manner …” „… the EEA legal system. It applies in all fields covered by the EEA Agreement, and is linked to all EEA …”

Karl Harald Søvig Article 70 [Equal treatment of men and women] S. 683-690

„… change the national legislation to ensure conformity with the ruling and in order to obtain legal …” „… . 75/117), the directives originally mentioned in the Annex had their legal basis in provisions in the …” „… . 153 TFEU (ex Art. 137 TEC), which gives the Union competence to legislate in order to secure ‘equality …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 2 [Definitions] S. 176-180

„… contribution on the EEA in the Union’s Legal Order, in Part I of this book. 13 See Vedder’s constribution, EEA …” „… in the Union’s Legal Order. 14 See further the comments to the list of Contracting Parties above …” „… other EU legal acts adopted pursuant to the EU treaties for the purposes of these treaties, adjusted to …”

Jóhanna Jónsdóttir Article 87 [Expansion to new fields of cooperation] S. 773-776

„… quite lengthy. In order to participate in an EU activity with budgetary consequences the legal base for …” „… unilaterally by the EU as discussed in relation to Articles 80, 81 and 83. An interesting legal question …” „… necessary in order to secure EFTA participation if the act itself contains a clause setting out the terms of …”

Per Christiansen Article 39 [Actions for non-contractual liability] S. 1048-1050

„… jurisdiction to determine the non-contractual liability of ESA. The legal basis for ESA’s liability is Art …” „… Consequently, costs relating to legal proceedings in national courts related to the subject matter of ESA’s …” „… concerns the legal capacity, privileges and immunities of the Court. It is likely that the reference should …”

Henrik Bull Article 40 [Free movement of capital] S. 473-488

„… an EEA obligation, have direct effect in the EU legal order, one needs to take into account Art. 43 …” „… the Main EEA Agreement part of their internal legal order without excluding Art. 40. In the EU, Art …” „… Court did not specifically address the question of direct effect of Art. 40 within the EU legal order …”

Benedikt Pirker Switzerland and the EEA S. 80-101

„… an equivalent legal situation in its internal order.94 Similarly, Annex III of the AFMP is dedicated …” „… 100 Pirker 47 The EEA in the Union’s Legal Order I. The EEA as a result of the external European …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 II. The EEA Agreement within the Union’s legal order …”

Berte-Elen R. Konow Article 72 [Provisions on consumer protection] S. 691-713

„… Resolution (ORD) increases the consumers’ possibility to enforce their legal rights. The Standing Committee …” „… of the internal market. The latter provision states that in order to promote the interests of …” „… directs uniform interpreta- 10 The legal basis in the Main Part of the Agreement is Art. 78 listing …”

Henrik Bull Article 21 [Border controls and cooperation in customs‑related matters] S. 341-349

„… are those flowing from Arts. 38 TFEU et seq., and in particular EU legal acts adopted pursuant to Arts …” „… . In order to facilitate trade between them, the Contracting Parties shall simplify border controls and …” „… Contracting Parties shall assist each other in customs matters in order to ensure that customs legislation is …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 102 [Amendments of Annexes, incooperation of EEA-relevant EU legislation] S. 803-819

„… Article 102 [Amendments of Annexes, incooperation of EEArelevant EU legislation] 1. In order to guarantee …” „… the legal security and the homogeneity of the EEA, the EEA Joint Committee shall take a decision …” „… other protocols and annexes in order to specify the detailed arrangements of association, see for …”

Finn Arnesen Article 126 [Territorial application of the EEA Agreement] S. 945-953

„… obtained by enterprises whose legal form rules out bankruptcy or other insolvency procedures or provides an …” „… do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property …” „… regional citizenship in Åland, or by any legal person, without permission by the competent authorities of …”

Jóhanna Jónsdóttir Article 83 [Exchange of information between public authorities] S. 770-771

„… decision-making procedure set out in Art. 86. In order for participation to be secured, the legal base must be …” „… to the EU by the EFTA Secretariat and the legal base is then established in accordance with the …” „… States are working on measures to make this process more streamlined and less time-consuming in order to …”

Ingvald Falch Article 4 [Non-discrimination on grounds of nationality] S. 196-209

„… Opinions, and the fact that all EEA legal acts – i.e. both Directives and Regulations – must be transposed …” „… “is one of the fundamental legal provisions of the Community”.5 Similar wording is used by the EFTA …” „… EEA is uncertain and disputed. It has no direct legal basis in the EEA itself but EEA law will on the …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… in the secondary legislation.1 The legal basis for the EU Acts on public procurement is found in the …” „… policy was necessary in order to ensure the creation of a single market with open cross-border …” „… Annex was amended as part of the Interim Package,6 so that it referred to eight legal acts.7 This meant …”

Jóhanna Jónsdóttir Article 81 [EFTA States’ participation in EU programmes] S. 763-767

„… of a legal base for their participation. The EFTA States also had to be proactive in order to secure …” „… in order to allow associated countries (including the EFTA States) to participate in ERICs on a much …” „… , organizations and nationals. 15 Council Regulation (EC) No 723/2009 on the Community legal framework for a …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 5 [Subcommittees and working groups] S. 1090-1095

„… – Subcommittee IV on Flanking and Horizonal Policies – Subcommittee V on Legal and Institutional Matters Although …” „… conjunction with its counterparts. It is made up of legal experts from the Ministries of Foreign Affairs of …” „… the EFTA States. It provides analysis and assessments of issues of a legal or institutional nature …”

Henrik Bull Article 23 [Technical regulations and barriers to trade in wine, product liability] S. 350-356

„… legal order. The Court notes in this context that the maintenance of homogeneity within the EEA market …” „… Internal Legal order”: The Legislative Approaches’, in the EFTA Court (ed), The EEA and the EFTA Court …” „… barriers to trade Introduction Through Annex II, EU legal acts concerning harmonisation of technical …”

Finn Arnesen Article 17 [Veterinary and phytosanitary measures] S. 335-336

„… . According to Art. 7 EEA, regulations are to be made part of the internal legal order of the Contracting …” „… the entire body of EU legal acts pertaining to veterinary and food safety matters was included in the …” „… largest of the annexes, and accounts for approximately 40 % of the legal acts referred to in the EEA …”

Peter-Christian Müller-Graff Article 34 [Right of establishment for companies] S. 434-450

„… Principality is as such part of the national legal order, see, the submissions of the Liechtenstein government …” „… factual and legal context of the proportionality assessment. Based on these differences it would be …” „… , including cooperative societies, and other legal persons governed by public or private law, save for those …”

Ólafur Jóhannes Einarsson Article 36 [Freedom to provide services] S. 450-470

„… social security system.11 According to those rules, in order to receive hospital services outside of …” „… represented himself in legal proceedings did not alter the fact that the service provided was a service …” „… question provided for sufficient remuneration for the trustee’s services, in order to constitute …”

Dora Sif Tynes Article 92 [Responsibilities of the EEA Joint Committee] S. 782-784

„… . Establishment of the EEA Joint Committee Art. 92 provides the legal basis for the establishment of the EEA Joint …” „… vital job of incorporating new EU legal acts into the Agreement and thus extend the rules of the …” „… access of the EFTA States to the decision-making process leading up to adoption of new EEA relevant legal …”

Tron Løkken Sundet Article 68 [Labour law] S. 664-677

„… possible criminal sanctions against an employer would not be sufficient in order to ensure effective …” „… ensure the good functioning of this Agreement. These measures are specified in Annex XVIII. I. Legal …” „… context and starting points Legal Context Article 68 is the basis for implementing legislation based on …”

Per Christiansen Article 34 [Advisory opinion] S. 1032-1040

„… reasoned opinion (approximately 13 months), were insufficient in order to comply with the judgment. However …” „… a step in proceedings that have begun and will be finalised within a national legal system. The …” „… criterion (see inter alia the order in case C-555/13, 13.2.2014, Merck Canada, para. 18). 19 For more on the …”

Finn Arnesen, Halvard Haukeland Fredriksen Preamble S. 975-977

„… Norwegian judge of the EF- TA Court in order to adjust to Norwegian law on retirement age for judges will …” „… due account shall be paid to the legal and administrative practices of the Commission of the European …” „… 93/2017. 12 For the details as to this highly unfortunate affair, see Order of the President of 20.2.2017 …”

Ólafur Jóhannes Einarsson Article 33 [Exemptions] S. 423-434

„… principles recognised in the application of Art. 28(4) EEA, it may probably be added that in order …” „… referred to in the first indent of Art. 3(10) of the Directive in order to apply to undertakings posting …” „… fact, the 5 The EFTA Court also added that reasons which may be invoked by an EEA State in order to …”

Finn Arnesen, Halvard Haukeland Fredriksen Contracting Parties S. 973-975

„… whereas others are the result of decisions by the EEA Joint Committee to adapt new EU legal acts to the …” „… . Arnesen/Fredriksen 973 1 2 Agreement in ways which have tested the legal limitations brought about by the EEA …” „… panel set up in accordance with Art. 255 TFEU. However, in order to enhance the EFTA Court’s credibility …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 73 [Object and purpose of EEA environmental law] S. 715-721

„… damage to the environment. In order to achieve this, the Contracting Parties can establish legal …” „… to be taken by the Union in order to achieve the objectives referred to in Article 191’. The legal …” „… legal acts when incorporating them into the EEA Agreement. Derogations from obligations flowing from …”

Karl Harald Søvig Article 69 [Equal pay for equal work] S. 677-683

„… direct effect of international obligations in the EU legal order. Thus, Art. 69 confers a right to equal …” „… the implementation of paragraph 1. I. Legal context and development of the principle of equal pay Art …” „… ECJ also made it clear that the principle now found in Art. 157 TFEU has direct effect in the legal …”

Jóhanna Jónsdóttir Article 82 [EFTA States’ financial contributions] S. 767-770

„… decision-making procedure set out in Art. 86. In order for participation to be secured, the legal base must be …” „… from the EFTA States to certain EU Member States in order to reduce economic and social disparities in …” „… communicated to the EU by the EFTA Secretariat and the legal base is then established in accordance with the …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… line with its EU counterpart, due to the fundamental differences between the EU legal order and that of …” „… are given effect in the Icelandic legal order by Art. 4(1) of Act 34/1991 on Investment by …” „… trade unions must be regarded as covered by their legal autonomy, which those organisations enjoy …”

Jóhanna Jónsdóttir Article 80 [Forms of cooperation] S. 757-763

„… Employment Services (PES). 13 Participation in EURES also implies changes to the legal orders of the EFTA …” „… included in Protocol 31 are generally intended to provide a legal base for enabling cooperation between the …” „… tasks of a legal, technical and/or scientific nature. Agencies were not mentioned specifically in Art …”

Per Andreas Bjørgan Article 25 [Responsibilities of the ESA in the field of the competition rules] S. 1012-1018

„… Protocol 3 to the SCA, are granted similar powers as that of the Commission. Thus, the legal basis for ESAs …” „… . Annex XV to the EEA Agreement contains several important legal acts such as transparency directive, the …” „… comprehensive description of the legal framework for ESAs State aid control, including the guidelines, see the …”

Gunnar Thor Pétursson Article 9 [Origin of goods] S. 281-286

„… the Icelandic legal order: see judgment by Reykjavik City Court of 18 November 2016 in Case E …” „… achieved in this Agreement, the Contracting Parties will continue their efforts in order further to improve …” „… question fulfil the originating products status necessary in order to enjoy the freedom of movement secured …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… appropriate, by the various domestic legal orders”.18 This shows the broad take on the concept of intellectual …” „… procurements outside the scope of the Procurement Directives entails that it is for the domestic legal system …” „… includes the Directive and various decisions regarding the legal protection of topographies of …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 3 [Responsibilities] S. 1085-1089

„… may be. In order to avoid reoccurring general adaptations, Protocol 1 to the EEA Agreement contains …” „… Decision incorporating an EU legal act into the EEA Agreement if the two-pillar issues therein are covered …” „… provides the EEA legal base for allocating a task to the EFTA pillar but does not take a position on …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 103 [Requirements for binding Joint Committee decisions] S. 819-824

„… be made part of the internal legal Order: The legislative approaches’, in: EFTA Court (ed), The EEA …” „… and the EFTA Court, pp. 208-210. 12 Bull, ‘Shall be made part of the internal legal Order: The …” „… constitutional requirements for the entry into force of new legal obligations under international treaties. The …”

Gunnar Thor Pétursson Article 10 [Customs duties and charges having equivalent effect] S. 286-289

„… Community legal order’.3 This put Art. 10 EEA on an equal footing to Art. 12 TEEC, whose direct effect was …” „… EEA legal orders. So far, the EFTA Court has only considered Art. 10 once – in the HOB Vín II case.7 …” „… national law’ and therefore ‘perfectly suited to produce direct effects in legal relations between the …”

Tron Løkken Sundet Article 67 [Health and safety of workers] S. 660-664

„… improvements, especially in the working environment, as regards the health and safety of workers. In order to …” „… of protection offered in the EEA; this is decided by the EU institutions as they enact novel EU legal …” „… subsequent changes or supplements to the directives. The EU legal acts concerning minimum requirements …”

Per Andreas Bjørgan Article 13 [Rules of procedure] S. 997-1002

„… is Norwegian. There are, however, no obvious legal reasons for this since ESA is led by a College of …” „… convincing in order to justify the lack of rotation foreseen in Art. 12. Article 13 [Rules of procedure] The …” „… showing due concern to the necessary limitations in order to safeguard the Authority’s ability to carry …”

Finn Arnesen Article 18 [Technical barriers to trade in agricultural products] S. 336-337

„… character. According to Art. 7 EEA, regulations are to be made part of the internal legal order of the …” „… A large number of the legal acts referred to are regulations of a very detailed and technical …” „… further requirements of the same kind as those foreseen under EU legal acts referred to via Arts. 17 and …”

Christophe Hillion Article 128 [Accession to the EEA Agreement] S. 961-968

„… also be argued that any substantive change in the sense of broadening or deepening the EEA legal order …” „… ratification or approval by all Contracting Parties in accordance with their own procedures. I. An open legal …” „… order Art. 128 makes clear that the EEA Agreement is an open Treaty. Three enlargements of the EEA have …”

Christian Jordal, Gjermund Mathisen Article 61 [Prohibition of state aid, exemptions] S. 585-598

„… such aid is required in order to compensate for the economic disadvantages caused by that division. 3 …” „… and third paragraphs of Art. 61, along with Arts. 59(2) and 49 provide a wide variety of legal bases …” „… paragraph of Art. 107 TFEU. The concept of state aid is an objective and legal concept defined by the EEA …”

Per Andreas Bjørgan Article 24 [Responsibilities of the ESA in the field of State aid] S. 1011-1012

„… previous legal acts that reflect the powers and functions of the Commission, including the 5 Orders of the …” „… similar powers as that of the Commission. Thus, the legal basis for ESAs enforcement is Protocol 3 SCA …” „… several important legal acts such as transparency directive, the general de minimis regulation, the block …”

Per Andreas Bjørgan Article 25 a [Responsibilities in the field of financial supervision] S. 1018-1019

„… their national legal orders. Article 26 [Cooperation between the ESA and the EU Commission] Provisions …” „… or administrative proceedings for the application of Arts. 53 or 54 EEA. In order to prepare for …” „… party, has no legal significance as such. Part IV: The EFTA Court Introduction to Part IV* Part IV SCA …”

Jóhanna Jónsdóttir Article 79 [Dialogue and consultation] S. 754-757

„… the Joint Committee. Accordingly these acts should be made part of the internal legal orders of the …” „… from Parts II-V in the sense that its aim is not to create a homogenous legal environment within the …” „… EFTA States. Therefore, legal acts included in Protocol 31 do create a legal obligation under …”

Per Andreas Bjørgan Article 4 [Establishment of the EFTA Surveillance Authority] S. 984-987

„… . When the relevant EU legal acts (directives, regulations or decisions) are incorporated into the EEA …” „… organisation with legal personality, with the capacity to contract, to acquire and dispose of movable and …” „… immovable property and to be party to legal proceedings. ESA started its operations in 1994 and was at the …”

Per Christiansen Article 27 [The establishment of the EFTA Court] S. 1019-1020

„… their national legal orders. Article 26 [Cooperation between the ESA and the EU Commission] Provisions …” „… party, has no legal significance as such. Part IV: The EFTA Court Introduction to Part IV* Part IV SCA …” „… , the five-member Court remained in session until 30 June 1995 in order to conclude cases in which the …”

Finn Arnesen Article 129 [Languages, ratification, entry into force] S. 968-973

„… within the EEA legal order. Thus, one has to have in mind that an interpretation of a provision of EEA …” „… of EU law that uses terminology that is peculiar to EU law; that legal concepts do not necessarily …” „… adaptations of EU legal acts referred to in the Annexes are concerned, the EFTA Court will be more inclined to …”

Per Andreas Bjørgan Article 18 [Publication of decisions] S. 1004-1005

„… regard not only to its wording, but also to its context and to all the legal rules governing the …” „… Director of Legal and Executive Affairs shall assist in implementing the decision-making procedures and in …” „… violations of Arts. 53 and 54 EEA. Persons includes both legal and natural persons. However, the natural …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 1 [Object and purpose] S. 171-176

„… creating a homogeneous European Economic Area, hereinafter referred to as the EEA. 2. In order to attain …” „… contains no similar statements. However, the EEA Agreement’s silence on this matter is of limited legal …” „… international agreement (or any other agreement for that matter) is intended to have the same legal content …”

Dora Sif Tynes Article 109 [The two-pillar surveillance system] S. 852-860

„… Commission acting in conformity with the Treaty establishing the European Economic Community. 2. In order to …” „… order cater for the two-pillar system of surveillance and to avoid extensive adaptations to the relevant …” „… legal acts, a special referencing technique was included in Protocol 1 EEA on horizontal adaptations …”

Henrik Bull Article 25 [Safeguard measures] S. 361-362

„… been expanded to include many legal acts concerning measures to reduce the use of energy that is …” „… would have otherwise followed from the Directive.25 Annex IV also refers to EU legal acts on …” „… energy-efficiency design and marking. Further legal acts on climate policy are to be found in Annex XX.26 Article 25 …”

Ólafur Jóhannes Einarsson Article 30 [Recognition of diplomas, certificates] S. 391-400

„… [Recognition of diplomas, certificates] In order to make it easier for persons to take up and pursue activities …” „… in the legal framework. 26 See also Fredriksen and Franklin, ‘On Pragmatism and Principles: The EEA …” „… Art. 30 EEA. It states that in order to make it easier for nationals of the Member States to take up …”

Martin Hennig Article 76 [Cooperation in the field of statistics] S. 740-742

„… . Art. 76(3) refers to Annex XXI, which contains the relevant EU legal acts that have been incorporated …” „… statistical information required in order to be included in the publications of Eurostat. Another reason is …” „… transmission of the concept of the internal market of the EU to the EEA. In order to attain freedom of …”

Per Andreas Bjørgan Article 5 [Responsibilities and means] S. 987-990

„… Agreement and the provisions of the EEA Agreement and in order to ensure the proper functioning of the EEA …” „… the SCA, the protocols and the Annexes, including the EU legal acts that have been incorporated into …” „… Joint Committee decisions. To date, more than 11 000 EU legal acts have been incorporated into the EEA …”

Per Andreas Bjørgan Article 26 [Cooperation between the ESA and the EU Commission] S. 1019

„… their national legal orders. Article 26 [Cooperation between the ESA and the EU Commission] Provisions …” „… party, has no legal significance as such. Part IV: The EFTA Court Introduction to Part IV* Part IV SCA …”

Per Christiansen Introduction to Part IV S. 1019

„… their national legal orders. Article 26 [Cooperation between the ESA and the EU Commission] Provisions …” „… party, has no legal significance as such. Part IV: The EFTA Court Introduction to Part IV* Part IV SCA …”

Ernst Nordtveit, Sigrid Eskeland Schütz Introduction to EEA environmental law S. 713-715

„… Agreement is to ensure free trade and free movement in order to enhance economic growth, and to link the …” „… specific legal acts are listed in Annex XX, see Art. 74. Art. 75 regulates the freedom national authorities …” „… out in the legal acts referred to in Art. 74. Protection of the environment is a cross-cutting task …”

Gunnar Thor Pétursson Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports S. 289-299

„… developed an analytical framework in order to effectively apply the four freedoms throughout the EU. The …” „… interpretation of the law in the European Economic Area in: The European Legal Forum (ELF) 2008, 22–31, who held …” „… , even if Art. 34 TFEU has been held to apply in legal proceedings between two private companies, that …”

Halvard Haukeland Fredriksen Article 112 [Safeguard measures] S. 883-888

„… shall be restricted with regard to their scope and duration to what is strictly necessary in order to …” „… safeguard measures with erga omnes effect are ruled out.9 Further safeguard clauses can be found in EU legal …” „… met with counterdeclarations by the EC to the same effect.17 Thus, their legal significance appears to …”

Håvard Ormberg Article 120 [The EEA Agreement and pre-existing agreements] S. 919-924

„… the validity of the EU legal act in question, as a matter of EUlaw.27 In want of this, it remains to …” „… 920 Ormberg 5 6 7 damental human rights that were part of the common legal foundations shared by the …” „… managed to preserve homogeneity whilst at the same time “side-stepping the sensitive issues of the legal …”

Henrik Bull Article 24 [Energy] S. 356-361

„… in order to meet future energy crises, and rules relating to improved transparency and competition in …” „… wider geographical application of certain legal acts have no bearing on the understanding of Art. 126.9 …” „… the relevant legal acts into Annex IV of the EEA Agreement15 has been less controversial. Norway …”

Thomas Chr. Poulsen Article 53 [Authentic languages, ratification, deposit and entry into force] S. 1077-1079

„… legal order.1 Article 53 [Authentic languages, ratification, deposit and entry into force] 1. This …” „… for political and legal discussions in the EFTA-pillar of the EEA follows from the EEA Agreement’s …”

Ólafur Jóhannes Einarsson Article 38 [Transport services] S. 470-473

„… stated that the provisions of Reg. No 4055/86 are an integral part of the legal order of all of the …” „… provisions of Chapter 2, the person providing a service may, in order to do so, temporarily pursue his …” „… Agreement. The EFTA Court then stated that the lack of direct legal effect in Iceland of acts referred to in …”

Ronny Gjendemsjø Article 60 [Specific provisions on undertakings] S. 584-585

„… set out in Articles 53, 54, 57 and 59. The legal acts included in Annex XIV have already been …” „… concentrations. The legal implications of the implementation of the regulation are further discussed in the …” „… Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by …”

Per Andreas Bjørgan Article 12 [The President of the EFTA Surveillance Authority] S. 996-997

„… Surveillance Authority, compulsorily retire him. The provision is a supplementary legal basis to Art. 8 for the …” „… ESA President is Norwegian. There are, however, no obvious legal reasons for this since ESA is led by …” „… arguments are not convincing in order to justify the lack of rotation foreseen in Art. 12. Article 13 …”

Thomas Chr. Poulsen Article 51 [Accession to the SCA] S. 1076-1077

„… part of the EEA Agreement, as such been made part of the internal legal order.1 Article 53 [Authentic …” „… Norway suggest that an EFTA-pillar of only two may be feasible from a legal perspective, at least as far …”

Tron Løkken Sundet Article 66 [Improvement of working conditions] S. 659-660

„… it is possible to preserve the principle of homogeneity if the different legal frameworks for 80 See …” „… , as regards the health and safety of workers. In order to help achieve this objective, minimum …” „… decided by the EU institutions as they enact novel EU legal acts 4 See the comments by Sundet on Art. 68 …”

Per Christiansen Article 117 [Provisions governing the EEA financial mechanism] S. 894-904

„… 894 Christiansen 1 2 3 4 The EFTA States’ contributions were kept separate from the EU budget in order …” „… between the EU and Norway.15 Accordingly, the Norway Grants are formally not part of EEA legal context …” „… with wider goals of the EU. Financing of programme costs shall normally not exceed 85 per cent in order …”

Thomas Chr. Poulsen Article 46 [Contractual and non-contractual liability of the ESA] S. 1066-1074

„… clear that the EEA Agreement is an integral part of the EU legal order and that EEA rules may have …” „… ESA and the EFTA Court have, as legal persons under international law, entered into headquarters …” „… or other relevant legal instruments suggests that any provision governing the functioning of the EFTA …”

Finn Arnesen Article 20 [Fish and marine products] S. 338-341

„… that ‘for any EEA rule to apply to [products not covered by Art. 8(3) EEA], a specific legal basis in …” „… EEA law is required’.12 The question thus is where such specific legal basis is to be found. The …” „… from Arts. 38 TFEU et seq., and in particular EU legal acts adopted pursuant to Arts 42 and 43 TFEU …”

Article 124 [Non-discrimination of investments] Henrik Bull S. 939-942

„… nationals in order to be registered in national shipping registers. 5 See inter alia Case C-251/98 …” „… . Legal Content With Art. 124 having lost its significance, a discussion of its legal content has no …” „… in Art. 34 (1) EEA.10 In other words, the provision protects both natural and legal persons in their …”

Pål Wennerås Article 3 [Relevance of ECJ case law] S. 980-984

„… Annexes to the EEA Agreement, in order to ensure compliance with more recent decisions of the ECJ.5 …” „… different objectives and legal context. This is applies in particular to ECJ judgments concern- 10 Case E …” „… Order in Case E-19/13 Konkurrenten v ESA, para. 34. For a more thorough account of the principle of …”

Per Christiansen Article 31 [Infringement action] S. 1025-1029

„… deprive ESA of its legal interest in obtaining the Court’s decision on whether the EFTA State failed to …” „… notice and to comply with a reasoned opinion or, where appropriate, prepare its defence. In order to …” „… the costs of the proceedings in direct actions may be granted legal aid.21 The Court procedure …”

Gunnar Thor Pétursson Article 13 [Exemptions] S. 301-311

„… recognised as being necessary in order to satisfy mandatory requirements relating in particular to the …” „… have to comply with fundamental rights in order to be deemed acceptable justifications. Later, in …” „… squander money on gambling, as well as the general need to preserve the social order (see, in particular …”

Dora Sif Tynes Article 93 [Composition of the EEA Joint Committee, decision‑making] S. 784-786

„… come to agreement between themselves on the incorporation of a new legal act and/or the modalities for …” „… , most notably when a legal act requires the transfer of decision-making powers to ESA. The internal EFTA …” „… the representative of one of the EFTA States. 2. In order to fulfil its functions, the EEA Joint …”

Per Andreas Bjørgan Article 20 [Language] S. 1005-1006

„… includes both legal and natural persons. However, the natural person must be an undertaking in order for …” „… English and the language where the inspection takes place. This in order to avoid a delay in case the …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… internal legal order. The practical effect of the decision would be the same as that of a directive.” 74 …” „… and it required some subtle legal sophistry to broaden their scope.2 As it is unnecessary to invoke …” „… market.17 Even though the doctrine seems to be well established and is accepted in legal theory,18 it has …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 101 [Participation of EFTA States’ experts in non-comitology committees] S. 802-803

„… , incooperation of EEArelevant EU legislation] 1. In order to guarantee the legal security and the homogeneity of …” „… down any necessary amendments to other protocols and annexes in order to specify the detailed …”

Thomas Chr. Poulsen Article 52 [Implementation of the SCA] S. 1077

„… legal order.1 Article 53 [Authentic languages, ratification, deposit and entry into force] 1. This …”

Ólafur Jóhannes Einarsson Article 32 [Exemptions for exercise of official authority] S. 420-423

„… in the public interest i.e. to guarantee the lawfulness and legal certainty of documents. However …” „… of these exceptions must have the same legal effect as regards the provisions of Dir. 2014/24. This …” „… recognised in the application of Art. 28(4) EEA, it may probably be added that in order for the child welfare …”

Per Andreas Bjørgan Article 19 [Enforceability of decisions] S. 1005

„… includes both legal and natural persons. However, the natural person must be an undertaking in order for …”

Per Andreas Bjørgan Article 23 [Monitoring within the field of public procurement law] S. 1009-1011

„… previous legal acts that reflect the powers and functions of the Commission, including the 5 Orders of the …” „… intervene at an early stage in order to prevent an infringement of the procurement rules.3 The procedures …”

Christian Jordal, Gjermund Mathisen Article 63 [Specific provisions on State aid] S. 605-609

„… secondary legislation on state aid. The important legal acts referred to in Annex XV are the Transparency …” „… available at: http://www.eftasurv.int/state-aid/ legal-framework/state-aid-guidelines/. 10 E.g. ESA Decision …” „… immediately adopt appropriate interim measures in order to remedy the resulting distortion of competition …”

Christian Jordal, Gjermund Mathisen Article 64 [Dispute resolution] S. 609-612

„… immediately adopt appropriate interim measures in order to remedy the resulting distortion of competition …” „… solution before “the affected Contracting Party” may immediately adopt interim measures in order to remedy …” „… in the secondary legislation.1 The legal basis for the EU Acts on public procurement is found in the …”

Gunnar Thor Pétursson Article 8 [Free movement of goods, scope of application] S. 270-281

„… liability) for insufficient implementation of Dir. 89/662/EEC into the Icelandic legal order: see judgment …” „… explained by the fact that there in general are fewer legal questions concerning the origin of products than …” „… classified. However, the cases demonstrate at the same time that in order for the EEA Agreement to become …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 104 [Binding effect of EEA Joint Committee decisions] S. 824-825

„… legal and political issues of incorporation head on in the EEA Joint Committee, and to seek a broad …” „… [Homogeneous interpretation of EU and EEA law] 1. In order to achieve the objective of the Contracting Parties …”

Jóhanna Jónsdóttir Article 86 [Role of the EEA Joint Committee] S. 772-773

„… budgetary consequences as it can be quite lengthy. In order to participate in an EU activity with budgetary …” „… consequences the legal base for such participation must be in place by 10 July of any given year. This often …”

Per Christiansen Article 115 [Object and purpose of the EEA financial mechanism] S. 891-892

„… provide the legal basis for the establishment of such a mechanism and further provisions are laid down in …” „… a financial mechanism in order to contribute to the objectives laid down in Art. 115. During the …”

Thomas Chr. Poulsen Article 42 [Protocols and Annexes as integral part of the SCA] S. 1051-1056

„… of both sides must be weighed in order to ensure the effectiveness of the judgment to be given in the …” „… State in question for failure to fulfil obligations, may order the suspension of the award of the …” „… contract at issue. Such an order is, however, not legally binding on the EFTA State nor company in question …”

Jóhanna Jónsdóttir Introduction to EEA cooperation outside the four freedoms S. 751-753

„… Tzieropoulos, Senior Legal Officer at the EFTA Secretariat and Ólafur Einarsson, Director of Internal Market …” „… from the EFTA States to the EU budget in order to grant them access to the EU activities in question …”

Henrik Bull Article 26 [Anti-dumping and anti-subsidies measures] S. 362-367

„… condition significantly narrows down the right to introduce measures in order to counteract circumvention of …” „… commercial policy in order to ensure the exercise of the Community’s rights under international trade rules …” „… commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in …”

Håvard Ormberg Article 123 [National security and trade in arms] S. 929-939

„… internal disturbances affecting the maintenance of law and order, in time of war or serious international …” „… tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of …” „… provisions thereby allow sizable markets to be exempt- 10 Order of the ECJ in Case C-2/88, 13.7.1990 …”

Ronny Gjendemsjø Article 53 [Agreements, decisions and concerted practices] S. 526-546

„… and legal context of which it forms part”.57 Furthermore, Ski and Follo Taxi is also in line with the …” „… its cumulative conditions is legal, without any approval from ESA being necessary. Art. 53 (3 …” „… with the pursuit of the public interest in order to grant exemption under Article [101(3)] of 1. 85 …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 99 [Participation of EFTA States in EU decision-shaping] S. 797-800

„… facilitate the entry into force of legal acts in the EEA and in the EFTA States as close in time as possible …” „… EU rules and at the early stages of the EEA negotiations, it became clear that in order to safeguard …”

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