Public and private enforcement

Ólafur Ísberg Hannesson

Chapter 16 in Research Handbook on EEA Internal Market Law, 2025, pp 349-373 from Edward Elgar Publishing

Abstract: The main focus of this chapter is to examine the enforcement mechanism within Article 31 of the Surveillance and Court Agreement (SCA). Enforcement of the EFTA-EEA states’ legal obligations in general, and Article 7 EEA, in particular, is central to the success of the EEA Agreement. Indeed, as the EFTA Court has held on a number of occasions ‘the lack of direct legal effect of acts referred to in decisions by the EEA Joint Committee makes timely implementation crucial for the proper functioning of the EEA Agreement’. This chapter examines the role of the ESA in the effective functioning of the EEA Agreement through the use of the infringement procedure in Article 31 SCA. For these purposes, the chapter uses infringement data to analyse the trends. The purpose is to illustrate and reflect upon recent development as regards the infringement procedure in EEA law, which is often given insufficient attention in legal scholarship.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2025
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