
Contents
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I Introduction I Introduction
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II Scope of the EEA Agreement: Formal Limitations and the ‘Special Relationship’ II Scope of the EEA Agreement: Formal Limitations and the ‘Special Relationship’
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III Ensuring the Dynamic Development of the EEA Agreement: The Principle of Homogeneity III Ensuring the Dynamic Development of the EEA Agreement: The Principle of Homogeneity
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IV Updates and Handbrakes: Incorporating Secondary EU Measures into EEA Law IV Updates and Handbrakes: Incorporating Secondary EU Measures into EEA Law
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V The Pluralistic Nature of Judicial EEA Enforcement V The Pluralistic Nature of Judicial EEA Enforcement
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VI Conclusions VI Conclusions
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10 Diffusion and Differentiation of EU Norms in the EEA
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Published:June 2024
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Abstract
This chapter looks at how EU legal norms take shape in their European Economic Area (EEA) setting, and how concerns of differentiation in their diffusion, while possible, are more theoretical than real in practice. It shows how the EEA Agreement allows three non-EU Member States (Norway, Iceland, and Liechtenstein) to fully participate in core parts of the EU’s internal market without requiring membership of the EU itself. Crucial to the success of EEA cooperation, while the European Free Trade Association (EFTA) states do not formally participate in decision-making at EU level, they take full part in the decision-making procedures within the EEA, and in the enforcement of EEA norms in practice. The EFTA states are further bound by numerous EEA legal rights and duties which render their status within the internal market project as largely akin to that of the EU Member States. While various EEA legal tools do exist which could undoubtedly be used to limit the full transplantation of EU internal market rules into EEA law, these are in fact rarely utilized by the Contracting Parties to the Agreement. Fuelled by the EEA principle of homogeneity, the result is an inevitably high degree of almost seamless diffusion of EU rights and obligations in the EFTA states.
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