Abstract
AbstractThis article examines the status of international treaties in Iceland law and how Icelandic court practice has developed in recent years in that area. With regard to the relationship between domestic law and international law, Iceland adheres to the principle of dualism. This means that international law does not come into force as Icelandic law unless implemented by the legislator. As a result, Icelandic Courts will not, in general, apply provisions of international treaties unless they have been incorporated into Icelandic statutory law. However, this does not mean that international obligation are not fulfilled, as Icelandic Courts will seek to interpret domestic law in line with international obligation to the extent possible. If an international treaty has been implemented into Icelandic law, its provisions are binding like other domestic law. With regard to the EEA Agreement, Icelandic Courts will seek to interpret national law in accordance with EEA obligations and follow the judgments of the EFTA Court if the Icelandic provision in question is open to such an interpretation. With regard to the European Convention on Human Rights, Icelandic Courts will even go a step further, as recent judgments show that Icelandic Courts tend to interpret the human rights provisions of the Icelandic Constitution in line with interpretation laid down by The European Court of Human Rights, even in cases where such an interpretation does not exactly fit within the direct wording of the provision in question. This is due to a special connection between the human rights chapter of the Icelandic Constitution and the Convention, as one of the legislators’ main goals when amending the Constitution in 1994 was to bring the human rights chapter more in line with the Convention.
Highlights
Like other Nordic countries, the Icelandic legal system has experienced rapid changes due to the development of international law in recent years, and an increasingly large proportion of national law is rooted in international agreements the Icelandic state has signed
Icelandic Courts have been subject to these changes and have had to answer questions regarding the relation between domestic law and international law and the effects of international treaties when interpreting Icelandic statutory law
Emphasis will be placed on the European Convention on Human Rights (ECHR) and the EEA Agreement, as these are undoubtedly the international agreements that have had most impact on the Icelandic legal system in recent years
Summary
Like other Nordic countries, the Icelandic legal system has experienced rapid changes due to the development of international law in recent years, and an increasingly large proportion of national law is rooted in international agreements the Icelandic state has signed. Icelandic Courts have been subject to these changes and have had to answer questions regarding the relation between domestic law and international law and the effects of international treaties when interpreting Icelandic statutory law. The aim of this article is to shed light on the impact of the most important international treaties Iceland has signed on the Supreme Court’s case law in recent years. Emphasis will be placed on the European Convention on Human Rights (ECHR) and the EEA Agreement, as these are undoubtedly the international agreements that have had most impact on the Icelandic legal system in recent years
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