According to Article 22 of the ESA / Court Agreement, the EFTA Surveillance Authority is responsible for monitoring the application of the EEA law rules by the EFTA Member States. The infringement procedure - Articles 31 to 33 of the ESA / Court Agreement - is the main enforcement mechanism allowing the EFTA Surveillance Authority to initiate proceedings against EFTA countries which are presumed to have failed to fulfil the obligation of proper transposition or application of the EEA rules.

This workshop provides a practical guide to the two phases of the procedure: the pre-litigation (or administrative phase), where the EFTA States are given the opportunity to voluntarily remedy the alleged breach of EEA law and/or explain their position to the EFTA Surveillance Authority, and the litigation (judicial) phase, in front of the EFTA Court in cases where the EFTA Surveillance Authority persistence of the breach. 

In the particular case of the EFTA countries, the workshop will identify the right methodology to improve the capacity and quality of their responses to the EFTA Surveillance Authority’s investigations on alleged infringements and to reduce therefore the risk of initiation of a judicial action.  In the potential scenario of the start of the judicial phase of the procedure, the workshop also reviews and identifies the defence strategies which are most likely to improve their position during the litigation. In case of a final condemnatory ruling after the procedure, the workshop also provides tips on how to comply with the judicial decision as swiftly as possible and hence avoid the initiation of a new procedure.

Finally, the various workshop proceedings will draw, where pertinent, an appropriate comparison between this infringement procedure and that specific to the EU.