Legal scholars outline EU limits over Iceland’s natural resources

Three professors at Reykjavík University’s law faculty have prepared an opinion paper on control over natural resources and the powers Iceland would transfer to the European Union, mbl.is reports.

Dr Gunnar Þór Pétursson, Dr Hafsteinn Dan Kristjánsson and Dr Margrét Einarsdóttir wrote the paper at the request of the Prime Minister’s Office. It examines European Union treaty provisions on natural resources and their impact on member states’ control over those resources.

The paper also considers the scope under existing EU law for taking account of important national interests, the special characteristics of member states and their distinct circumstances. It discusses exemptions that member states have negotiated in accession treaties, where relevant.

The Prime Minister’s Office said the paper was prepared during the summer and was intended to be completed in time for the referendum scheduled for August 29.

The paper says the European Union has only the powers granted to it by its member states and cannot create powers of its own. Other powers remain with the member states, and EU institutions may not assume powers that have not been granted to them.

It says Iceland’s sovereign authority must form the starting point and context for the issue. On the basis of that sovereignty, Iceland has the power to establish rules on ownership and the scope and limits of property rights in its constitution and other national laws.

“The Icelandic state has control over natural resources within its territory in that manner,” the paper says.

It adds that the exercise of sovereign authority can be limited, for example through international legal obligations or by transferring powers to another party to exercise them on Iceland’s behalf within defined limits and in accordance with the country’s constitutional rules.

The paper therefore examines which powers relating to these matters would be transferred to the European Union if Iceland decided to join it.