EEA member Norway has aligned its national data-protection legislation with the EU's General Data Protection Regulation. An EFTA legal analyst argues that because Norway has fully aligned its law with the GDPR and the GDPR has been judicially interpreted by the Court of Justice of the EU, Norwegian courts should follow CJEU data-protection rulings in order to ensure homogeneous application of EEA law.
The analyst's argument relies on which of the following assumptions?
Choisis ta réponse
Explication
Negation test applied: if homogeneous application of EEA law is NOT a sufficiently important objective to justify deference to an external court, then even granting that Norway has aligned its law with the GDPR and that the CJEU has interpreted it, there is no reason Norwegian courts should follow those rulings. The normative premise that homogeneity justifies deference is an unstated but essential step. Choice A introduces an empirical premise about current divergence, which the argument does not require — the analyst may be arguing preventively. Choice C about textual identity is a close miss: it would strengthen the argument but is not strictly necessary since alignment of purpose rather than word-for-word identity could suffice. Choice D about government instruction is out of scope. Choice E about EFTA Court silence is an irrelevant gap-filler.
