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Advice to EEA nationals and their family members post Brexit referendum
Advice to EEA nationals and their family members post Brexit referendum
Published: 2016/08/09
Channel: RLegal UK Immigration Solicitors
Brexit, The European Union, and the European Economic Area with Sam Bowman
Brexit, The European Union, and the European Economic Area with Sam Bowman
Published: 2017/09/22
Channel: The Economics Detective
Direct Family Members of European Economic Area( EEA) Nationals in the UK
Direct Family Members of European Economic Area( EEA) Nationals in the UK
Published: 2017/08/03
Channel: UKVisa SuccessCom
What is the European Economic Area?
What is the European Economic Area?
Published: 2016/07/01
Channel: IBTimes UK
British citizenship for EEA nationals
British citizenship for EEA nationals
Published: 2016/08/09
Channel: RLegal UK Immigration Solicitors
Switzerland ends bid to join European Economic Area - after 24 years
Switzerland ends bid to join European Economic Area - after 24 years
Published: 2016/06/17
Channel: euronews (in English)
Residence Card as a family member of an European National
Residence Card as a family member of an European National
Published: 2017/06/20
Channel: Stay UK
EFTA EEA FACTS NOT FEAR
EFTA EEA FACTS NOT FEAR
Published: 2016/01/17
Channel: UK-Unleashed
European Economic Area law 2017 massive changes for EU residents in the UK
European Economic Area law 2017 massive changes for EU residents in the UK
Published: 2017/02/19
Channel: Akramul Hossain
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (OVERVIEW)
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (OVERVIEW)
Published: 2017/05/22
Channel: UKVisa SuccessCom
EU Referendum - Iceland Explains EFTA Membership
EU Referendum - Iceland Explains EFTA Membership
Published: 2015/07/10
Channel: TachyonicUnion
Stephen Kinnock argues for British Membership of the EEA
Stephen Kinnock argues for British Membership of the EEA
Published: 2017/11/07
Channel: Stephen Kinnock
Brexit  The UK
Brexit The UK's future in the European Economic Area EEA
Published: 2017/09/20
Channel: Tyler News
Why Does The UK Want To Leave The EU?
Why Does The UK Want To Leave The EU?
Published: 2016/02/09
Channel: NowThis World
Norwegian politicians on how EEA membership works for their country
Norwegian politicians on how EEA membership works for their country
Published: 2013/07/01
Channel: Confederation of British Industry
What Is The European Economic Area?
What Is The European Economic Area?
Published: 2017/08/12
Channel: Omega Omega
What Is The European Economic Area?
What Is The European Economic Area?
Published: 2017/09/09
Channel: Funny Question
United Kingdom #5 - Permanent Residence Card (NAPISY PL)
United Kingdom #5 - Permanent Residence Card (NAPISY PL)
Published: 2016/12/15
Channel: Europe - Living & Working
BREAKING - Norway politician demands probe into EEA membership in huge EU blow inspired by Brexit
BREAKING - Norway politician demands probe into EEA membership in huge EU blow inspired by Brexit
Published: 2017/08/08
Channel: News 2U
What is the Difference Between the EU and the EEA Countries?
What is the Difference Between the EU and the EEA Countries?
Published: 2017/08/02
Channel: UKVisa SuccessCom
What Is The European Economic Area?
What Is The European Economic Area?
Published: 2017/08/13
Channel: Uno Uno
Marit Berger Røsland - Norway’s relationship with the EU in light of Brexit
Marit Berger Røsland - Norway’s relationship with the EU in light of Brexit
Published: 2017/11/10
Channel: IIEA1
UK could remain within European Economic Area for up to six years
UK could remain within European Economic Area for up to six years
Published: 2017/06/22
Channel: FarmingUK
Owen Paterson on the EU, the EEA and Trade - UK 2020
Owen Paterson on the EU, the EEA and Trade - UK 2020
Published: 2015/02/20
Channel: UK 2020
Reiss Edwards - UK Immigration EEA Family Members
Reiss Edwards - UK Immigration EEA Family Members
Published: 2014/11/10
Channel: Reiss Edwards Immigration Lawyers
EEA Family Permit - Applying as Spouse
EEA Family Permit - Applying as Spouse
Published: 2015/03/24
Channel: neetudolly
Time to Jump: A Positive Vision of a Britain Out of the EU and in EEA Lite
Time to Jump: A Positive Vision of a Britain Out of the EU and in EEA Lite
Published: 2014/01/31
Channel: The Heritage Foundation
EEA Family Permit UK 2017 - Como acessar o formulario
EEA Family Permit UK 2017 - Como acessar o formulario
Published: 2017/02/08
Channel: Ana Kolodynski
David Davis rules out EEA or EFTA membership for UK after Brexit
David Davis rules out EEA or EFTA membership for UK after Brexit
Published: 2017/09/07
Channel: News 24h On The World
TICEMADOX SOLICITORS - IMMIGRATION LAW  EEA FAMILY MEMBERS
TICEMADOX SOLICITORS - IMMIGRATION LAW EEA FAMILY MEMBERS
Published: 2014/11/04
Channel: IBRAHIM MOMOH
#Brexit EXPLAINED!
#Brexit EXPLAINED!
Published: 2016/06/29
Channel: Origins Explained
Can I Travel In Europe With EEA Family Permit?
Can I Travel In Europe With EEA Family Permit?
Published: 2017/10/04
Channel: Tip Tip 2
EEA Guidance 2017 | Apply for EEA Family Permit
EEA Guidance 2017 | Apply for EEA Family Permit
Published: 2017/05/11
Channel: Coops Law
What Is A EEA Family Permit?
What Is A EEA Family Permit?
Published: 2017/10/04
Channel: Tip Tip 2
Is Norway A Part Of Europe?
Is Norway A Part Of Europe?
Published: 2017/07/24
Channel: trendy sparky
EEA Nationals and Their Family Members: Applications Forms, OVERVIEW
EEA Nationals and Their Family Members: Applications Forms, OVERVIEW
Published: 2017/08/21
Channel: UKVisa SuccessCom
Brexit and the UK Economy
Brexit and the UK Economy
Published: 2017/05/25
Channel: tutor2u
Is Switzerland A Member Of The European Union?
Is Switzerland A Member Of The European Union?
Published: 2017/09/09
Channel: Funny Question
Assistance for European Economic Area (EEA) citizens- M & A Solicitors
Assistance for European Economic Area (EEA) citizens- M & A Solicitors
Published: 2017/05/20
Channel: M & A Solicitors
EEA TRAILER
EEA TRAILER
Published: 2015/11/06
Channel: European Economic Association (EEA)
Can Norwegians Work In The EU?
Can Norwegians Work In The EU?
Published: 2017/08/13
Channel: Tred Tred
How Switzerland is DESPERATE for Brexit: Swiss economic prospects to improve after UK exit
How Switzerland is DESPERATE for Brexit: Swiss economic prospects to improve after UK exit
Published: 2017/08/09
Channel: BuzzyNews UK
EFTA trade bloc meets, discusses Brexit
EFTA trade bloc meets, discusses Brexit
Published: 2016/11/26
Channel: AP Archive
Extended family members of EEA nationals in the UK (1 of 4)
Extended family members of EEA nationals in the UK (1 of 4)
Published: 2017/08/04
Channel: UKVisa SuccessCom
Family Permit to go from EU to UK
Family Permit to go from EU to UK
Published: 2017/08/23
Channel: Matt Wilkie
European Economic Area Nationals, Qualified Persons: RETAINING WORKER STATUS
European Economic Area Nationals, Qualified Persons: RETAINING WORKER STATUS
Published: 2017/08/14
Channel: UKVisa SuccessCom
Sir Bill Cash puts Soubry in her place during heated Brexit clash in the Commons
Sir Bill Cash puts Soubry in her place during heated Brexit clash in the Commons
Published: 2017/11/07
Channel: BuzzyNews UK
EEA Nationals, Family members and Brexit
EEA Nationals, Family members and Brexit
Published: 2016/07/22
Channel: OJN Solicitors
Is Norway Part Of The European Union?
Is Norway Part Of The European Union?
Published: 2017/11/07
Channel: Jrwom Japt
Will EEA/EFTA membership make #Brexit more palatable? Will we have a choice (11 of 36)
Will EEA/EFTA membership make #Brexit more palatable? Will we have a choice (11 of 36)
Published: 2016/05/06
Channel: RadioFreeUK.org
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WIKIPEDIA ARTICLE

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After Brexit the UK could seek to continue to be a member the European Economic Area (EEA) as a member of EFTA. Theresa May, the British Prime Minister has said that the UK government would not seek permanent membership in the single market.[1]

Current Status[edit]

Britain is currently a member of the European Economic Area as a member of the European Union. Questions have been raised as to whether a state that withdraws from the EU automatically withdraws from the EEA or whether such a withdrawal requires notice under Article 127 of the EEA Agreement[2] – and, if the courts so decide, whether such notice given by the UK would require an act of parliament.[3]

EFTA Membership[edit]

Were the UK to join the EEA as an EFTA member, it would sign up to existing EU internal market legislation that is part of the EEA Agreement. Changes to the internal market would be incorporated into the EEA Agreement subject to the consent of the UK at the EEA Joint Committee; once in the EEA Agreement, the UK would have to incorporate these into UK Law. The EU is also required to conduct extensive consultations with EEA EFTA members beforehand via its many committees and cooperative bodies.[4][5] Some EU law originates from various international bodies on which non-EU EEA countries have a seat.

The EEA Agreement (EU and EFTA members except Switzerland) does not cover Common Agriculture and Fisheries Policies, Customs Union, Common Trade Policy, Common Foreign and Security Policy, direct and indirect taxation, and Police and Judicial Co-operation in Criminal Matters, leaving EFTA members free to set their own policies in these areas;[6] however, EEA countries are required to contribute to the EU Budget in exchange for access to the internal market.[7][8]

A 2013 research paper presented to the Parliament of the United Kingdom proposed a number of alternatives to EU membership which would continue to allow it access to the EU's internal market, including continuing EEA membership as an EFTA member state, or the Swiss model of a number of bilateral treaties covering the provisions of the single market.[9]

EFTA Views[edit]

The United Kingdom was a co-founder of EFTA in 1960, but ceased to be a member upon joining the European Union.

In the first meeting since the Brexit vote, EFTA reacted by saying both that they were open to a UK return and that Britain has many issues to work through. The president of Switzerland Johann Schneider-Ammann stated that its return would strengthen the association.[10] However, in August 2016 the Norwegian Government expressed reservations. Norway's European affairs minister, Elisabeth Vik Aspaker, told the Aftenposten newspaper: "It’s not certain that it would be a good idea to let a big country into this organisation. It would shift the balance, which is not necessarily in Norway’s interests".[11]

Scottish membership of EFTA[edit]

Given the United Kingdom's referendum vote in favour of leaving the European Union and Scotland's overwhelming vote in favour of remaining within the European Union, the Scottish Government has looked into methods to retain access or membership within the EEA, and membership of the EFTA is another option the government is analysing.[12] However, other EFTA states have stated that only sovereign states are eligible for membership, so it could only join if it became independent from the UK.[13]

UK Government View[edit]

In January 2017, Theresa May, the British Prime Minister, announced a 12-point plan of negotiating objectives and confirmed that the UK government would not seek continued permanent membership in the single market.[14]

Role of the European Court of Justice[edit]

Under the EEA Agreement, the UK would not be subject to European Court of Justice rulings but instead the EFTA Court would resolve disputes under the EEA Agreement between the EU, EU Member states, and the EFTA Member States.[15] The Court also resolves disputes between EEA persons and the EFTA Surveillance Authority, but there would be no right for a person to raise a dispute under UK Law to the EFTA Court.

References[edit]

  1. ^ Wilkinson, Michael (17 January 2017). "Theresa May confirms Britain will leave Single Market as she sets out 12-point Brexit plan". The Daily Telegraph. Retrieved 18 January 2017. 
  2. ^ "EEA Agreement, Article 127" (PDF). Retrieved 24 February 2017. 
  3. ^ Landale, James (28 November 2016). "'Brexit: Legal battle over UK's single market membership". BBC News. Retrieved 29 November 2016. If the courts say Article 127 does need to be triggered, there is the question of whether an act of parliament would be needed for it to be authorised. 
  4. ^ "EFTA Bulletin Decision Shaping in the European Economic Area" (PDF). European Free Trade Association. March 2009. Retrieved 19 May 2015. 
  5. ^ Jonathan Lindsell (12 August 2013). "Fax democracy? Norway has more clout than you know". civitas.org.uk. 
  6. ^ "The Basic Features of the EEA Agreement". European Free Trade Association. Retrieved 8 August 2013. 
  7. ^ Glencross, Andrew (March 2015). "Why a British referendum on EU membership will not solve the Europe question". International Affairs. 91 (2): 303–17. doi:10.1111/1468-2346.12236. 
  8. ^ "EEA EFTA Budget". EFTA. Retrieved 14 February 2016. 
  9. ^ "Leaving the EU - RESEARCH PAPER 13/42" (PDF). House of Commons Library. 2013-07-01. Retrieved 2015-05-19. 
  10. ^ "The Latest: Lithuania says UK must say if decision is final". CNBC. 2016-06-27. Archived from the original on 2016-07-03. Retrieved 2016-09-18 – via Associated Press. 
  11. ^ Patrick Wintour (2016-08-09). "Norway may block UK return to European Free Trade Association | World news". The Guardian. Retrieved 2016-08-17. 
  12. ^ "Sturgeon hints the Scottish Government could seek Norway-style EU relationship". 2016-11-17. Retrieved 2016-11-17. 
  13. ^ "Iceland: Scotland could not start applying for EFTA until after independence". The Daily Telegraph. 2017-03-16. Retrieved 2017-03-24. 
  14. ^ Wilkinson, Michael (17 January 2017). "Theresa May confirms Britain will leave Single Market as she sets out 12-point Brexit plan". The Daily Telegraph. Retrieved 18 January 2017. 
  15. ^ [1] "A&O Legal Opinion on EEA membership"

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