Legitimacy of Standardisation as a Regulatory Technique

Edited by Mariolina Eliantonio, Professor of European and Comparative Administrative Law and Procedure and Caroline Cauffman, Associate Professor of Contract, Consumer and Competition Law, Maastricht University, the Netherlands

'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

• 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 questions1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EULinda Senden2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New ApproachPierluigi Cuccuru3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio5. 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 Leeuwen6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott7. Standardisation from a law and economics perspective Michael Faure and Niels J. PhilipsenPART II – Standardisation in specific policy fields1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-WirtzIndex