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Public and private enforcement

In: Research Handbook on EEA Internal Market Law

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  • Ólafur Ísberg Hannesson

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.

Suggested Citation

  • Ólafur Ísberg Hannesson, 2025. "Public and private enforcement," Chapters, in: Graham Butler (ed.), Research Handbook on EEA Internal Market Law, chapter 16, pages 349-373, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21527_16
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922461.00029
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    Keywords

    Law - Academic;

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