Overview

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

Full Product Details

Author:   Mariolina Eliantonio ,  Caroline Cauffman
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 15.60cm , Height: 2.30cm , Length: 23.40cm
Weight:   0.646kg
ISBN:  

9781789902945

ISBN 10:   1789902940
Pages:   320
Publication Date:   11 June 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of 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 Gerardy 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

Reviews

'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

'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

Author Information

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

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