Risikomanagement

Fenger, Hermann; Holznagel, Ina; Neuroth, Bettina; Gesenhues, Stefan

doi:10.1007/978-3-642-29640-6_8

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“…88 This is in accordance with Niels Fenger's view that the judicial bridging of the widening gap between EU and EEA law meets its outer limit in 'the general limits of judicial interpretation' that follow from 'traditional interpretative principles of public international law.' 89 In Opinion 1/91, the CJEU interpreted the draft EEA Agreement on the basis of the rules of interpretation in the Vienna Convention on the Law of Treaties of 23 May 1969. 90 In contrast, the EFTA Court has never referred to the Vienna Convention's rules of interpretation.…”

Section: Approaching the Widening Gap From The Perspective Of Eu Lawmentioning

confidence: 99%

Bridging the Widening Gap between the EU Treaties and the Agreement on the European Economic Area

Fredriksen

2012

European Law Journal

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For almost 20 years now, the European Free Trade Association (EFTA) States Iceland, Liechtenstein and Norway have been included in the EU's internal market through the Agreement on the European Economic Area (EEA). The continuing success of the EEA is threatened, however, by an ever widening gap between EU primary law and the still unchanged main part of the EEA Agreement. Unwilling to begin the strenuous work of updating the Agreement, the Contracting Parties place their trust in the ability of the courts to bridge the gap. While it is shown in this article that both the EFTA Court and the Court of Justice of the EU are indeed willing to go far in order to preserve homogeneity between EU law and EEA law, it is argued that there are limits to the courts' ability to remedy the failed updating of the Agreement.

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Section: Approaching the Widening Gap From The Perspective Of Eu Lawmentioning

confidence: 99%

Bridging the Widening Gap between the EU Treaties and the Agreement on the European Economic Area

Fredriksen

2012

European Law Journal

View full text Add to dashboard Cite

show abstract

Risikomanagement

Cited by 1 publication

References 0 publications

Bridging the Widening Gap between the EU Treaties and the Agreement on the European Economic Area

Bridging the Widening Gap between the EU Treaties and the Agreement on the European Economic Area

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