Analyst says Iceland should shelve Protocol 35 bill

Hjörtur J. Guðmundsson, a political scientist specialising in international relations, says Iceland should set aside the foreign minister’s bill on implementing Protocol 35 and prepare its defence in an infringement case brought by the EFTA Surveillance Authority (ESA). He spoke to mbl.is about ESA’s decision to take Iceland to the EFTA Court.

ESA says Icelandic law does not adequately ensure that EEA rules incorporated into national law remain in force when they conflict with other Icelandic legal rules.

“I think that is the right way to handle the matter. ESA did not object to this arrangement for 20 years, but now it is demanding that rules incorporated under the EEA Agreement take precedence over Icelandic law,” Guðmundsson said.

He said there was a reason Iceland chose its approach when implementing Protocol 35 as part of joining the EEA Agreement. Iceland incorporated the protocol as a rule for interpreting legislation, rather than as a rule giving it precedence, because the latter approach would not have been compatible with the constitution, he said.

“That is why we are in this position today. The matter was resolved in this way, and in reality it was not handled well. It was resolved politically so that the constitution would not have to be amended,” he said.

Guðmundsson said he did not believe the case would harm Iceland. He noted that cases involving Iceland have gone before the EFTA Court over the years, both large and small, without consequences for the country.