Why not the Charter?

The Agreement on the European Economic Area (EEA) extends the internal market of the EU to Iceland, Liechtenstein and Norway. The special relationship is predicated on a set of common constitutional values and traditions that allow an area without internal borders to be created and maintained. Within the EEA EU pillar, the association agreement constitutes an integral part of Union law. Its application will trigger the Charter of Fundamental Rights of the EU. Within the EEA EFTA pillar, the EFTA Court still resorts to the European Convention on Human Rights. Its approach resembles the jurisprudence of the ECJ before the entry into force of the Charter. The current lack of homogeneity rejects the common values upon which the association agreement is founded and undermines the foreseeability that is the prerequisite for a ‘practical and effective’ protection of fundamental rights. It is time to recognize the Charter as an expression of general principles that are intrinsic to the structure and objectives of EEA law.