The EFTA Court and fundamental rights protection

The EEA Agreement contains no catalogue of fundamental rights, which reflects the situation under EU law prior to the entry into force of the Charter. Thus, it fell to the EFTA Court to shape fundamental protection in the EFTA pillar of the Agreement. After gradual development, it is now settled case law that fundamental rights form part of the general principles of EEA law, which are applicable to all situations governed by EEA law. An examination of the EFTA Court's case law reveals that the ECHR and the judgments of the ECtHR play a key role in determining the scope of the general principles. The ECtHR has recognized that fundamental rights protection in the EFTA pillar of the EEA is comparable to their legal status according to EU law before the Charter came into force. The entry into force of the Charter and its impact on fundamental rights protection leads to the question of whether it will be possible to maintain homogeneity. The view advanced in this article is that in most cases maintenance of homogeneity is achievable.

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Publication Details

Journal
Maastricht Journal of European and Comparative Law
Published
2025-04-01
DOI
https://doi.org/10.1177/1023263x251329855
Citations
1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
8.52
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article

The EFTA Court and fundamental rights protection

Ólafur Jóhannes Einarsson
1 citations
Maastricht Journal of European and Comparative Law
European and International Law Studies
8.52
article

The EFTA Court and fundamental rights protection

Ólafur Jóhannes Einarsson
article en
1 citations

Abstract

The EEA Agreement contains no catalogue of fundamental rights, which reflects the situation under EU law prior to the entry into force of the Charter. Thus, it fell to the EFTA Court to shape fundamental protection in the EFTA pillar of the Agreement. After gradual development, it is now settled case law that fundamental rights form part of the general principles of EEA law, which are applicable to all situations governed by EEA law. An examination of the EFTA Court's case law reveals that the ECHR and the judgments of the ECtHR play a key role in determining the scope of the general principles. The ECtHR has recognized that fundamental rights protection in the EFTA pillar of the EEA is comparable to their legal status according to EU law before the Charter came into force. The entry into force of the Charter and its impact on fundamental rights protection leads to the question of whether it will be possible to maintain homogeneity. The view advanced in this article is that in most cases maintenance of homogeneity is achievable.

Maastricht Journal of European and Comparative LawVol. 32(2)
Consumers, Health, Agriculture and Food Executive Agency (LU)
Openalex Percentile: Top 4%
European and International Law Studies
8.52
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The EFTA Court and fundamental rights protection — Ólafur Jóhannes Einarsson · Maastricht Journal of European and Comparative Law (2025) | TGRS Research Map | TGRS