§ Lord Pearson of Rannochasked Her Majesty's Government:
Whether decisions of the Commission and the European Court of Justice have direct effect in non-European Union member states of the European Economic Area. [HL4054]
§ Baroness Symons of Vernham DeanThe non-European Union member states of the European Economic Area are affected indirectly by decisions of the Commission that are EEA-relevant. As soon as a relevant EC legal act has been formally adopted on the EU side, the EEA Joint Committee takes a decision concerning whether an appropriate amendment to the EEA Agreement is required "with a view to permitting a simultaneous application" of legislation in the EU and the EEA EFTA States (Art 102(1) EEA). The EEA EFTA states can negotiate adaptations to Community legislation when this is called for by special circumstances and agreed on by both sides.
Decisions of the ECJ do not have direct effect in the non-European Union member states of the European Economic Area. However, the EFTA court must take into account relevant case law of the ECJ in interpreting the EEA agreement. The EFTA court deals with infringement actions brought by the EFTA Surveillance Authority against an EFTA state with regard to the implementation, application or interpretation of an EEA rule, and with the settlement of disputes between two or more EFTA states.