EFTA Court | |
---|---|
Established | 1994 |
Country | Iceland, Liechtenstein, Norway |
Location | Rue du Fort Thuengen 1499 Luxemburg City Luxembourg |
Authorized by | |
Decisions are appealed to | none |
Judge term length | 6 years, renewable |
No. of positions | 3+6 |
Website | http://www.eftacourt.int/ |
President | |
Currently | Carl Baudenbacher |
Since | 2003 |
The Court of Justice of the European Free Trade Association States (more commonly known as the EFTA Court) is a supranational judicial body responsible for the three EFTA members who are also members of the European Economic Area (EEA): Iceland, Liechtenstein and Norway.
As members of the EEA, the three countries have access to the internal market of the European Union. Consequently, they are subject to a number of European laws. Enforcement of these laws would normally be carried out by the European Court of Justice (ECJ), however there were legal difficulties in giving Union institutions powers over non-members so the EFTA Court was set up to perform this role instead of the ECJ.
Since September 1995, the Court has consisted of three judges and six ad-hoc judges. They are nominated by the three members and appointed by their Governments collectively through common accord.
According to Article 108(2) of the EEA Agreement of 2 May 1992, the EFTA States taking part in the EEA Agreement shall establish a court of justice. That obligation was complied with by the conclusion of the "Surveillance and Court Agreement" (SCA), cf. Art. 27. The EFTA Court was originally designed for the then seven EFTA States Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland. On 1 January 1994, upon the entry into force of the EEA Agreement, the EFTA Court took up its functions with five judges nominated by Austria, Finland, Iceland, Norway and Sweden. Switzerland was unable to ratify the EEA Agreement due to a negative referendum. Liechtenstein postponed membership until 1 May 1995. In 1995, Austria, Finland and Sweden left EFTA and joined the EU. Since September 1995, the EFTA Court has consisted of three judges and six ad hoc judges nominated by the three actual EEA/EFTA States Iceland, Liechtenstein and Norway and appointed by their Governments through common accord.