The legitimacy of standardisation as a regulatory technique : a cross-disciplinary and multi-level analysis
- Full Title:
- The legitimacy of standardisation as a regulatory technique : a cross-disciplinary and multi-level analysis
- Other Author:
- Eliantonio, Mariolina
- Statement of Responsibility:
- Edited by Mariolina Eliantonio and Caroline Cauffman
- 320 p.
- 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...
Summary: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.
- • PART I - Horizontal questions • 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU • 2. Regulating by Request:...
Contents:• PART I - Horizontal questions • 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU • 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach • 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? • 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? • 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 • 7. Standardisation from a law and economics perspective • PART II – Standardisation in specific policy fields • 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture • 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? • 10. The legitimacy of standardisation as a regulatory technique in telecommunications • 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? • 12. Standardisation of health products in search of legitimacy: rethinking judicial review? • Index
- Publisher & Date:
- Cheltenham : Edward Elgar, 2020.
- Date of Publication:
- Edward Elgar
- EU 81.2
- 9781789902945 (hbk)
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|EU 81.2 Eli 2020||General collection||On Shelf||-||For regular loan|
In the Library
EU 81.2 Eli 2020