Sovereignty

Setting the Agenda

“…Having so far concentrated on the EU, let us now briefly turn to the European Economic Area (EEA), 119 linking Norway, Iceland, and Liechtenstein to the EU. Former EFTA Court President Carl Baudenbacher has edited a book comprising the following 'fundamental principles of EEA law': 120 legislative homogeneity, 121 judicial homogeneity, 122 (no) reciprocity, 123 sincere cooperation, 124 sovereignty, 125 prosperity in the EEA, 126 priority, 127 authority of the EFTA Court, 128 proportionality, 129 equality 130 and state liability. 131 As we can see, some principles are very specific to the EEA in terms of linking these three countries to the EU: legislative and judicial homogeneity and the "twin maxim" 132 of reciprocity, and priority setting of EEA/EFTA states in secondary legislation.…”

“…131 As we can see, some principles are very specific to the EEA in terms of linking these three countries to the EU: legislative and judicial homogeneity and the "twin maxim" 132 of reciprocity, and priority setting of EEA/EFTA states in secondary legislation. 133 Other principles can also be found in the EU: sincere cooperation (Art 4[3] TEU), institutional balance (instead of reciprocity 134 ), authority of the CJEU (Art 19 TEU), equality (as a value, Art 2 TEU), as well as proportionality and state liability (as two general principles of EU law). Prosperity, which should be measured "not only in purely financial terms, but also in the social welfare of its citizens, including the protection of its workers and the environment" 135 might rather be an objective (cf.…”