This book is about law but it is not a law book. It is aimed at all interested contemporaries
lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes it offers
unique insights into how European courts actually work.It is generally assumed that
independence is part and parcel of the role and function of a judge. Nevertheless European
judges sometimes face difficulties in this regard. Owing to their being nominated by a
government their limited term of appointment and the possibility of being reappointed or not
their judicial independence can be jeopardized. Certain governments have a track record of
choosing candidates who they believe they can keep on a leash. When this happens private
parties are at risk of losing out.The EFTA Court is under even more pressure since the EEA
EFTA states Iceland Liechtenstein and Norway essentially constitute a pond with one big fish
(Norway) and two minnows. For quite some time now certain Norwegian protagonists have sought
to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led
to political implications that have affected the author himself.The independence of the EFTA
Court is also endangered by the fact that it operates alongside a large sister court the Court
of Justice of the European Union. And yet the EFTA Court has established its own line of
jurisprudence and its own judicial style. It has remained faithful to specific EFTA values
such as the belief in free trade and open markets efficiency and a modern view of mankind.
During the first 24 years of its existence it has even had an over-proportionate influence on
ECJ case law.Since EEA Single Market law is economic law the importance of economics an
often-overlooked aspect is also addressed. In closing the book explores Switzerland's
complicated relationship with and Britain's impending departure from the EU. In this regard
it argues that the EFTA pillar should be expanded into a second European structure under
British leadership and with Swiss participation.
