E-9/24 EFTA Surveillance Authority v Iceland
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Deadlines: Motivation ministry: 15 July 2024 Written observations: 28 August 2024
Keywords: Implementation; professions
Subject: - Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions; - Agreement on the European Economic Area: point 1c of Chapter A of Annex VII, and Article 7.
Facts of the case: The EFTA Surveillance Authority (ESA) brings an Action under Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance and a Court of Justice (EEA Agreement). ESA seeks a declaration from the Court that Iceland has failed to fulfill its obligations under the Act, referred to at point 1c of Chapter A of Annex VII to the EEA Agreement. This Act lies down rules on a common framework for conducting proportionality assessments before introducing new or amending existing provisions restricting access to, or the pursuit of, regulated professions.
The Government of Iceland does not dispute the declaration sought by the Applicant. However, according to the defence, a draft bill of law proposing implementation of the Directive has been published for consultation on the Government online platform of 10 May 2024. The bill of law will be included in the Legislative Calender for the 2024 fall legislative session, and will be presented in September 2024.
Request to: 1. declare that Iceland has failed to fulfil its obligations under the Act referred to at point 1c of Chapter A of Annex VII to the EEA Agreement (Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions), as adapted by Protocol 1 to the EEA Agreement, and under Article 7 of the EEA Agreement, by failing to adopt the measures necessary to implement the Act within the time prescribed, or in any event, by failing to inform the EFTA Surveillance Authority thereof, and 2. order Iceland to bear the costs of these proceedings.
Cited (recent) case-law: -
Policy Area: SZW
