The Judicial Dimension of the European Neighbourhood Policy

High-Level Lecture on the ENP in a Comparative Perspective, College of Europe, Bruges, 24 October 2013

The notion of European Neighbourhood Policy (ENP) does not, according to common usage, relate to the Agreement on European Economic Area (EEA). This far-reaching association agreement was signed by the EC and its then 12 Member States and the then 7 EFTA States Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland on 2 May 1992, it entered into force on 1 January 1994 for five EFTA States (Austria, Finland, Iceland, Norway and Sweden) and has since mid-1995 consisted of the EU and its Member States on the one hand and the 3 EFTA States Iceland, Liechtenstein and Norway on the other. Among all the agreements concluded by the EU, the EEA Agreement stands out because it gives the associated States the right to have their own Surveillance Authority, the ESA, and their own court, the EFTA Court. The EFTA Court is basically obliged to follow or take into account relevant ECJ case law, but in the majority of its cases tackles novel legal questions. The ECJ, it’s Advocates General and the CFI for their part conduct a regular judicial dialogue with the EFTA Court. The question may be posed whether the EEA could serve as a model for other regional associations. For the fourth EFTA State, Switzerland, this issue could become relevant in the near future.

Legal Transplants in Environmental Law and Food Law (with emphasis on China, India and the Russian Federation)

2013 Tunkin Readings at MSU (Lomonosov), 17 October 2013.

Justizialisierung des internationalen und europäischen Rechts

The Law School of the University of St.Gallen will host a symposium in honour of C.B. on the subject of “Judicialisation of International and European Law” on Friday, 27 September 2013, 1330 - 1800 h in the University Aula (Room: 02-001). Registration by e-Mail with Anita Samyn ( Speakers: Prof. Dr. Dr. h.c. Carl Baudenbacher, President of the EFTA Court, Prof. Dr. Dr. h.c. HSG Joachim Bornkamm, Presiding Judge of the German Supreme Court, Prof. Dr. Dr. h.c. Thomas von Danwitz, Chamber President at the Court of Justice of the European Union, Prof. Dr. Lukas Gschwend, Dean of the Law School of the University of St.Gallen (HSG), Prof. Dr. Helen Keller, Judge of the European Court of Human Rights, Dr. HSG Werner Zdouc, Director of the WTO Appellate Body Secretariat.

The EFTA Court's Icesave judgment and its potential impact on the EU

EFDI International Conference, Bank of Italy, Rome, 18 September 2013.

The EEA Agreement and Switzerland

Lecture, EEA/EFTA workshop at the University of Tokyo, 20 August 2013, 16.00h.

If one teams also brings the arbiter

"Switzerland can only recognize only a Court, in which it is represented by one judge. It's not just about democracy policy. Only an own judge would be able to explain to his or her colleagues the political, legal, economic and social characteristics of the Swiss referendum democracy. "(Neue Luzerner Zeitung of 20 July 2013, see also Handelszeitung of 18 July 2013.)

Reappointment as a Judge of the EFTA Court for a fourth term

Carl Baudenbacher was on 5 July 2013 reappointed as a Judge of the EFTA Court by common accord of the Governments of the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway for a fourth term of office. The new term will last from 6 September 2012 until 5 September 2019.

The EFTA Court in Luxembourg

Speech at the Swiss Federal Administrative Tribunal in St. Gallen, 4 July 2013, 14 h.

New Developments in the Case Law of the EFTA Court

Lecture at the University of Liechtenstein, 4 July 2013.

Swiss social and legal culture and international arbitration

Symposium “The Increasing Importance of Arbitration for Finance”, University of Zurich, 3 July 2013.