Research Group for European Law

Two new articles from Halvard H. Fredriksen

The two articles on the application of the principle of proportionality in EU/EEA-Law by the Nordic national courts and the principle of state liability in EU/EEA-law, thouches upon the core of two of today’s challenges applying EEA-Law

Halvard Fredriksen
Professor Halvard Haukeland Fredriksen ved det Juridiske Fakultet, Universitetet i Bergen
Solrun Dregelid

Main content

"EU/EØS-rettslige proporsjonalitetsvurderinger i nordiske domstoler", Europarättslig tidskrift 2014 s. 712-739

The Article «EU/EØS-rettslige proporsjonalitetsvurderinger i nordiske domstoler» offers a comparative analysis of how the highest national courts of the Nordic countries apply the EU/EEA law principle of proportionality in cases where national legislation constitute an restriction of the free movement of goods, persons, services or capital. Even though there are some differences between the courts of the various countries, the main finding is that the national courts in all of the Nordic countries appear rather reluctant to conclude that national legislation doesn’t comply with the principle of proportionality. The article is, as its title suggests, written in the Norwegian language. It is published in the Swedish journal Europarättslig tidskrift.

Read the article here


"The EFTA Court and the Principle of State Liability: Protecting the Jewel in the Crown"

The essay “The EFTA Court and the Principle of State liability: Protecting the Jewel in the Crown” offers an analysis of the genesis as well as the current reach of the unwritten EEA law principle of State liability. Emphasis is put on the yet not fully clarified relationship between the principles of State liability under EEA and EU law and the challenges this poses to the somewhat troubled relationship between the EFTA Court and the national courts of the EFTA States. The contribution is one of many assembled to celebrate the 20-year anniversary of the EFTA Court: EFTA Court (ed.), The EEA and the EFTA Court - Decentred Integration. Hart Publishing Ltd. 2014 ISBN: 978-1-84946-626-4.

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