Sigmundur urges Iceland to hire Baudenbacher for ESA case

Icelandic Centre Party leader Sigmundur Davíð Gunnlaugsson has proposed hiring former EFTA Court president Carl Baudenbacher to defend Iceland in an infringement case brought by the EFTA Surveillance Authority (ESA), mbl.is reported.

Sigmundur said the government should withdraw its bill to amend Protocol 35 to the European Economic Area (EEA) Agreement while the case is under way. He said Iceland should instead prepare its defence and seek to appoint Baudenbacher.

ESA has decided to bring the case against Iceland before the EFTA Court. The authority says Icelandic law does not adequately ensure that EEA rules incorporated into national law remain in force when they conflict with other Icelandic rules.

Sigmundur said the wording of Protocol 35 was a deliberate special arrangement for Iceland, intended to secure parliamentary support for the EEA Agreement, ensure it complied with the Constitution and preserve rights under Iceland’s version of the protocol. He described ESA’s case as expected and criticised what he called the appointment of “EU zealots” to the authority.

He said the case should not prompt a review of Iceland’s participation in the EEA. However, he argued that Iceland had for years approached the agreement too deferentially and had sometimes been reluctant to use the rights it provides.

Sigmundur said it would be unwise for the government to proceed with the bill while the case is ongoing, and urged it to defend Iceland’s position instead.