Sunday, 4 February 2018

Keynote address by outgoing EFTA Court President Carl Baudenbacher to the Institute of Government

In a choice between the European Court of Justice (of the European Union, “ECJ”) or the EFTA Court (of the European Free Trade Association), this video sets out the technical (and therefore relevant) differences very well.

The first 12m47s minutes comprise a context for Professor Carl Baudenbacher’s experience and the available options for a relationship between a nation state and the EFTA court.

The interview stage is the most illuminating and dynamic section of the video. In this stage,, Mr Baudenbacher compares recent judgements between the EFTA Court and the ECJ, highlighting the French-style dirigisme of the ECJ and contrasting it to the pragmatic and open approach of the EFTA Court. Whereas the ECJ instinctively imposes top-down situations, the EFTA Court encourages diplomacy (negotiation).

The bulk of the video is a Q&A session with the audience. Most of the questions were more relevant and pointed than anything heard in the pathetic mass legacy media, in spite of questions from a member of Parliament and a journalist from the Torygraph.

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