EEA - Europoean Economic Area - is one of the Brexit options that have been discussed. The UK participates in the EEA to day, and could possibly continue as a (new) EFTA country or perhaps even as a "third" country without being an EU- or EFTA-member. Because of the 2 years limit for negotiations following a triggering of Article 50, EEA membership has been advocated as a practical transitional Brexit solution until UK and EU have negotiated a more permanent relationship.
Now the media can tell that the government is facing a legal battle over whether the UK stays inside the single market after it has left the EU. A British think tank argues that the UK will not leave the EEA - which provide the members access to the single market - automatically when it leaves the EU and Parliament should decide. They are writing to Brexit Seretary David Davis to inform him that it will seek a formal judicial review of the government's position. The group warned that if the government did not get a clear legal opinion it could potentially end up acting outside the law.
It had been assumed that when Britain leaves the EU it would automatically leave the EEA as well.
But some lawyers argue that leaving the EEA would not be automatic and would happen only if Britain formally withdraws by triggering Article 127 of the EEA agreement. The legal question is focused on whether the UK is a member of the EEA in its own right or because it is a member of the EU.
In a situation where the government either has no Brexit-plan or will not divulge what it is about, the remainers and the soft-Brexiters are creative in finding opportunities to derail or slow the Brexit process.
Norway, Iceland and Lichtenstein have as EU non-member countries for more than 20 years had access to the single market through the EEA Agreement. Because of political and legal obstacles to a quick Brexit process, it appears that the three countries now can be joined by the UK - for a period or ultimately more permanent.
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