ABSTRACT
In contrast to the European Union (EU), which is supranational in the sense that EU bodies can make decisions with direct effect in member states, the European Economic Area (EEA) is predominantly an instrument of international law. The purpose of the 1992 EEA Agreement, in place of EU membership, was for Norway and other European Free Trade Association (EFTA) states to participate in the EU's internal market without having to give up sovereignty. As Norway's affiliation with the EU through the EEA Agreement is built on a premise of Norwegian sovereignty, it is especially important that transfers of sovereignty are made in compliance with the requirements laid down in the Norwegian constitution. For transfers of sovereignty, the constitution provides a specific decision-making procedure in Art 115, which, inter alia, requires a three-quarter majority in the Norwegian parliament, the Storting. This chapter discusses the striking difference between the constitution's text and the Storting's practice.
