The EFTA surveillance authority

Abstract

The EFTA Surveillance Authority serves a pivotal role in the functioning of the EEA by ensuring that the EEA/EFTA States live up to their obligations under the EEA Agreement. This chapter presents a detailed overview of how ESA ensures conformity with EEA law, reviewing the structure, competence and internal functioning of ESA. Furthermore, it provides for a comparison of the differences between ESA and the Commission with regard to their respective function and role as prescribed by the EEA Agreement, and in the case of the Commission, the TFEU. The competences of ESA extend to the surveillance and enforcement of the rules of the common internal market and concerning competition and State aid. The fields of cooperation and shared competences between ESA and the Commission are examined. The general surveillance procedure, complaint handling and the manner in which ESA deals with possible infringements of EEA law are thoroughly reviewed. In addition, ESA’s relations with other EEA and EU institutions are briefly examined. Finally, the participation of ESA in cases before the EFTA Court and the EU Courts is described and analysed, especially with regard to preliminary reference cases and interventions before EU Courts.