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The Legitimacy of Standardisation as a Regulatory Technique
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The Legitimacy of Standardisation as a Regulatory Technique

A Cross-disciplinary and Multi-level Analysis

9781789902945 Edward Elgar Publishing
Edited by Mariolina Eliantonio, Professor of European and Comparative Administrative Law and Procedure and Caroline Cauffman, Associate Professor of Contract, Consumer and Competition Law, Faculty of Law, Maastricht University, the Netherlands
Publication Date: 2020 ISBN: 978 1 78990 294 5 Extent: 320 pp
This timely book examines the field of European and global standardisation, 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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘Standardisation 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 standardisation. While the jury is not out yet as to how legitimate standardisation 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 standardisation 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
Contributors: 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

This title is available for institutional purchase via Elgaronline.

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