Reciprocity

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Abstract

The principle of reciprocity is the twin maxim to the principle of homogeneity. In EEA law, the principle of reciprocity goes beyond the trade law concept of requiring both ‘sides’ of the agreement to grant economic operators and citizens the same rights to do business. Reciprocity as a matter of EEA law gives citizens and economic operators rights which can be enforced in court. This chapter considers the principle as it has been understood over time by reference to direct effect and primacy, State liability and conform interpretation, obligation of the courts of last resort to refer, and the legal nature of the Court’s preliminary rulings (judgments in the form of “advisory opinions”). The chapter goes on to consider the Court’s relationship with the national supreme courts and criticises the Norwegian ‘room for manoeuvre’ doctrine.

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APA

Baudenbacher, C. (2017). Reciprocity. In The Fundamental Principles of EEA Law: EEA-Ities (pp. 35–71). Springer International Publishing. https://doi.org/10.1007/978-3-319-45189-3_3

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