However, during the negotiations for the EEA agreement, the European Court of Justice informed the Council of the European Union by way of letter that they considered that giving the EU institutions powers with respect to non-EU member states would be a violation of the treaties, and therefore the current arrangement was developed instead.
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If a state fails to do so, the Authority may resort to bringing the state to the EFTA Court.
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The authority is tasked with ensuring laws and regulations are properly enacted by members, challenging them before the EFTA Court if necessary.
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