Table of Contents: I. The EEA as an alternative post-Brexit? – II. Approaching the challenge of dynamic homogeneity. – III. Legislative sovereignty. – IV. Judicial sovereignty. – V. Changes in the EU Treaties. – VI. Conclusions.
Abstract: During the period leading to the actual Brexit, the UK will have to negotiate new arrangements for its relations with the EU. To maintain access to the single market, the relations between the EU and the new third country need to be reciprocal and dynamic. A crucial question centres on how this can be achieved while retaining, on the part of the UK, as much sovereignty as possible. The EEA Agreement is an example of an institutional arrangement that seeks to obtain the participation in the single market of countries outside the EU’s institutional arrangements. The article presents the solutions reached in that agreement and analyses some of the challenges that it poses.
Keywords: Brexit – EEA Agreement – sovereignty – external relations – association agreements – homogeneity.
* Professor of Law, Department of Private Law, University of Oslo; Fellow at the Institute of Advanced Study, University of Durham, email@example.com.