Full Description
This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.
Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas.
This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation.
Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato
Contents
Contents:
The legitimacy of standardisation as regulatory technique in the EU - a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman)
PART I - Horizontal questions
1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU
Linda Senden
2. Regulating by Request: On the role and status of the 'standardisation mandate' under the New Approach
Pierluigi Cuccuru
3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations?
Caroline Cauffman and Marie Gérardy
4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship?
Annalisa Volpato and Mariolina Eliantonio
5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen
6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability
Carola Glinski and Peter Rott
7. Standardisation from a law and economics perspective
Michael Faure and Niels J. Philipsen
PART II - Standardisation in specific policy fields
1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture
Maurizia De Bellis
9. Standards on the rise in procurement procedures: Are legitimacy concerns justified?
Sarah Schoenmaekers
10. The legitimacy of standardisation as a regulatory technique in telecommunications
Marta Cantero Gamito
11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap?
Dario Bevilacqua
12. Standardisation of health products in search of legitimacy: rethinking judicial review?
Sabrina Roettger-Wirtz
Index
