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What is the European Economic Area?
What is the European Economic Area?
Published: 2016/07/01
Channel: IBTimes UK
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)
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
The European Union Explained*
The European Union Explained*
Published: 2013/07/02
Channel: CGP Grey
EFTA EEA FACTS NOT FEAR
EFTA EEA FACTS NOT FEAR
Published: 2016/01/17
Channel: UK-Unleashed
Reiss Edwards - UK Immigration EEA Family Members
Reiss Edwards - UK Immigration EEA Family Members
Published: 2014/11/10
Channel: Reiss Edwards Immigration Lawyers
European Economic Area
European Economic Area
Published: 2014/05/03
Channel: encyclopediacc
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
European Economic Area
European Economic Area
Published: 2014/07/19
Channel: Audiopedia
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
Brexit and EEA nationals
Brexit and EEA nationals
Published: 2017/03/29
Channel: RLegal UK Immigration Solicitors
Why Does The UK Want To Leave The EU?
Why Does The UK Want To Leave The EU?
Published: 2016/02/09
Channel: NowThis
EEA Family Permit Requirements 2017
EEA Family Permit Requirements 2017
Published: 2017/05/11
Channel: Coops Law
What is the European Economic Association?
What is the European Economic Association?
Published: 2015/11/04
Channel: European Economic Association (EEA)
Do you qualify for permanent residence in the UK?
Do you qualify for permanent residence in the UK?
Published: 2016/08/24
Channel: Reiss Edwards Immigration Lawyers
British citizenship for EEA nationals
British citizenship for EEA nationals
Published: 2016/08/09
Channel: RLegal UK Immigration Solicitors
Brexit and the UK Economy
Brexit and the UK Economy
Published: 2017/05/25
Channel: tutor2u
United Kingdom #5 - Permanent Residence Card (NAPISY PL)
United Kingdom #5 - Permanent Residence Card (NAPISY PL)
Published: 2016/12/15
Channel: Europe L&W
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
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
UK facing legal challenge to press ahead with BREXIT
UK facing legal challenge to press ahead with BREXIT
Published: 2016/11/28
Channel: PressTV News Videos
EFTA trade bloc meets, discusses Brexit
EFTA trade bloc meets, discusses Brexit
Published: 2016/11/26
Channel: AP Archive
Residence rights for non-EU family members - utalk
Residence rights for non-EU family members - utalk
Published: 2013/04/26
Channel: euronews (in English)
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
Is The Republic Of Ireland Part Of The EU?
Is The Republic Of Ireland Part Of The EU?
Published: 2017/07/13
Channel: sparky TIME
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (Category 1)
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (Category 1)
Published: 2017/05/23
Channel: UKVisa SuccessCom
EEA Family Permit - Applying as Spouse
EEA Family Permit - Applying as Spouse
Published: 2015/03/24
Channel: neetudolly
#Brexit EXPLAINED!
#Brexit EXPLAINED!
Published: 2016/06/29
Channel: Origins Explained
EU Referendum - Iceland Explains EFTA Membership
EU Referendum - Iceland Explains EFTA Membership
Published: 2015/07/10
Channel: TachyonicUnion
EEA Fees 2017 | EEA Family Permit
EEA Fees 2017 | EEA Family Permit
Published: 2017/05/11
Channel: Coops Law
Norway says UK can join the EFTA if EU trade becomes impossible
Norway says UK can join the EFTA if EU trade becomes impossible
Published: 2017/05/17
Channel: gemini48
Is Norway A Part Of Europe?
Is Norway A Part Of Europe?
Published: 2017/07/13
Channel: sparky TIME
'This should be easy' Labour MP hits out at EU for making Brexit deal a political battle
Published: 2017/07/23
Channel: BuzzyNews UK
‘I like cake, I like eating it’ Jacob Rees Mogg in sideswipe to EU chiefs over Brexit
‘I like cake, I like eating it’ Jacob Rees Mogg in sideswipe to EU chiefs over Brexit
Published: 2017/07/09
Channel: BuzzyNews UK
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
BREXIT EU Apply Permanent Residence Apply For Permanent Residence UK
BREXIT EU Apply Permanent Residence Apply For Permanent Residence UK
Published: 2016/09/03
Channel: Free UK Immigration Solicitor
What can Britain learn from Norway
What can Britain learn from Norway's EU deal?
Published: 2016/05/12
Channel: ITV News
Brexit: Could Liechtenstein be a model for the UK? - BBC Newsnight
Brexit: Could Liechtenstein be a model for the UK? - BBC Newsnight
Published: 2016/08/17
Channel: BBC Newsnight
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
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (Category 4)
Permanent Right of Residence in the UK for EEA nationals and Their Family Members (Category 4)
Published: 2017/05/26
Channel: UKVisa SuccessCom
Switzerland Withdraws Its Application For EU Membership
Switzerland Withdraws Its Application For EU Membership
Published: 2016/06/19
Channel: LibertyInOurTime
Student finance for EEA/Swiss nationals living and working in England
Student finance for EEA/Swiss nationals living and working in England
Published: 2017/05/15
Channel: Student Finance England
A look at Norway ahead of UK EU referendum
A look at Norway ahead of UK EU referendum
Published: 2016/11/16
Channel: AP Archive
United Kingdom #4 - Temporary Residence  (NAPISY PL)
United Kingdom #4 - Temporary Residence (NAPISY PL)
Published: 2016/12/13
Channel: Europe L&W
Yanis Varoufakis, "EU, Toxic Leaks, Fake Annoyance, Shifting Goal-posts"
Yanis Varoufakis, "EU, Toxic Leaks, Fake Annoyance, Shifting Goal-posts"
Published: 2017/05/03
Channel: Channel Brexit
Leaving the EEA, Legal Challenge
Leaving the EEA, Legal Challenge
Published: 2016/11/28
Channel: Channel Brexit
7 - David Campbell Bannerman MEP: EEA Lite option – a positive alternative vision for the UK
7 - David Campbell Bannerman MEP: EEA Lite option – a positive alternative vision for the UK
Published: 2015/02/21
Channel: David Campbell Bannerman MEP Channel
Know about EEA Family Permit and EEA Residence Permit in UK
Know about EEA Family Permit and EEA Residence Permit in UK
Published: 2016/10/13
Channel: Kristina Maxwell
Immigration in the European Economic Area (WestkinAssociates.com)
Immigration in the European Economic Area (WestkinAssociates.com)
Published: 2014/01/24
Channel: Amir Zaidi
Necessary documents for your application (EU/EEA)
Necessary documents for your application (EU/EEA)
Published: 2017/05/04
Channel: Universität Wien
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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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