Primacy of EEA Rules Does Not Include Transfer of Legislative Power, Foreign Minister States

Minister for Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir

Minister Of Foreign Affairs Þórdís Kolbrún Reykfjörð Gylfadóttir has presented a bill to Parliament ensuring the primacy of EEA rules introduced into Icelandic legislation over other national legislation, meaning that in the case of conflict, EEA rules will prevail.

The bill is a response to EFTA Surveillance Authority complaints, which has issued a reasoned opinion to Iceland concerning its failure to fulfil its obligations under Protocol 35 to the EEA Agreement and Article 3 of the EEA Agreement, as there is no mention of EEA rule precedence in Icelandic legislation.

“This bill is just one sentence that would do so,” Þórdís Kolbrún told RÚV, stating that a main point was that the article only applied to EEA regulations that Parliament had already approved, thereby making it national legislation. “The changes in wording might change the way courts interpret the law but it is of course up to them to make those judgements,” she added. In response to criticism from a member of her own party, Þórdis added that “Protocol 35 explicitly states that it does not include any transfer of legislative powers to any institution of the European Economic Area. The primacy rule will only affect articles of Icelandic legislation instituted by Parliament in case of a conflict where one contradicts another.”