ESA takes Iceland to the EFTA Court

Linn Ophaug
esa efta iceland the government of iceland

The EFTA Surveillance Authority (ESA) has initiated legal proceedings against the Icelandic authorities.

In a press release, ESA states that it is reffering Iceland to the EFTA Court because, in ESA's assessment, Icelandic law has failed to adequately meet the country's obligations.

The case concerns Protocol 35 of the European Economic Area (EEA) Agreement, which requires Iceland, Norway and Liechtenstein to ensure that EEA rules implemented in national law prevail over other conflicting national provisions.

ESA finds that Iceland has not established the legal safeguards necessary to ensure that individuals and companies can fully exercise their EEA rights.

ESA first raised concerns in 2012 and initiated infringement proceedings in 2017.

Since then, two different governments have announced legislative changes, and proposals have repeatedly been submitted to parliament, yet no legislation has been adopted.

It is now up to the EFTA Court to rule on the matter.

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