The Legitimacy of Standardization as a Regulatory Technique
A Cross-disciplinary and Multi-level Analysis
Edited by Mariolina Eliantonio, Professor of European and Comparative Administrative Law and Procedure and Caroline Cauffman, Associate Professor, Faculty of Law, Maastricht University, the Netherlands
This timely book examines the field of European and global standardization, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.
This timely book examines the field of European and global standardization, 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 harmonised 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 standardization 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 standardization, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardization.
‘Standardization law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardization. While the jury is not out yet as to how legitimate standardization in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardization at the European level.’ – Panagiotis Delimatsis, Tilburg University, the Netherlands
'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' – Hans-W. Micklitz, European University Institute
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