Icelandic legislative disputes over EEA and Schengen regulations

Iceland is facing legal and constitutional scrutiny regarding two significant legislative developments.

First, a bill concerning Protocol 35 has been placed on the Althingi agenda. The bill proposes that implemented EEA rules should take precedence over subsequent Icelandic laws unless Althingi specifies otherwise. Critics argue this could overturn the principle that newer laws supersede older ones and may grant a specific class of laws status similar to constitutional law, which would require a formal constitutional amendment under Article 79.

Second, the Icelandic government has moved forward with legislation regarding European Union asylum protection agreements. This follows the implementation of new rules across the Schengen area. The matter involves the Dublin Regulation and the Schengen Agreement, with legal experts noting that Iceland's refusal to adopt certain new regulations could potentially trigger a process leading to its exit from these cooperation frameworks.