The Norwegian entry rules are in breach of the EEA-ESA (EFTA Surveillance Authority) opens formal proceedings
ESA announces in a press release that it is asking Norway to bring the entry restrictions into line with EEA rules. The EFTA Surveillance Authority (ESA) concluded that Norway's current entry restrictions are not compatible with EEA free movement rules.
The decision to open the formal procedure was preceded by a long dialogue with the Norwegian authorities
EEA countries are allowed to restrict the movement of EEA citizens in their fight to contain the COVID-19 pandemic. However, such restrictions must not go beyond what is necessary, must be consistent and must not be discriminatory. ESA's initiation of infringement proceedings follows long and continuous dialogue with the Norwegian government. Following a series of ESA requests, the government provided detailed information on the rules restricting the entry into Norway of non-Norwegian EEA nationals and their application.
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The Norwegian entry rules are in breach of the EEA-ESA Agreement. The ESA noted that a significant number of people had suffered as a result of Norwegian entry restrictions
The law has undergone a series of changes since it was first introduced in 2020, and Norway has indicated that more changes are coming. Accordingly, ESA's letter to Norway aims to provide a clear overview of the problems to date.
In recent months, ESA has drawn attention to a significant number of people who have been negatively affected by Norwegian entry restrictions. These include people who have limited access to their homes, prevent them from starting a new job or returning to an existing job, or prevent them from seeing their partners and family members.
The letter of formal notice sent to Norway is the first step in the infringement procedure of an EEA EFTA Member State
“We are encouraged by the Norwegian Government's recent efforts to align restrictions with the legal requirements of proportionality and fairness set out in the EEA Agreement. We look forward to further progress on the measures adopted," said ESA President Bente Angell-Hansen. The letter of formal notice sent to Norway is the first stage of an infringement procedure against an EEA EFTA Member State. Norwegian government it now has six weeks to present its views before ESA decides whether to pursue the matter.