Standardisation as regulatory technique in the process of European integration: voluntary, inclusive and legitimate?
In June 2016 the European Commission launched a “Joint Initiative on Standardisation”, a strategic policy document highlighting the Commission’s intention to boost standardization as a regulatory technique in order to enhance the competitiveness and growth of the European economy and allow it to keep a leading position in the world in terms of technical developments and global trade. In this document, standards are presented as voluntary, market-driven, fast and reliable instrument to enhance the European role as a global trade actor, while at the same time ensuring an inclusive process where consumers have a say, and where wider societal and environmental interests are duly taken into account. While the European institutions portray European standardization very positively, earlier research reveals that very fundamental constitutional concerns can be expressed. Furthermore, the phenomenon of international standards, partly produced in inter state fora, partly the result of work carried out by public-private partnerships, and partly the result of purely private self-regulation, can be seen in a positive light because of their potential towards solving problems more efficiently, and to gaining public confidence or social legitimacy. Yet, there are still many unresolved questions about the quality, accountability, and legitimacy of such standards and their authors.
The two-day seminar aims at investigating standardization as a regulatory technique both at the European and the international level based on several case studies and from different perspectives. The overarching research question is whether the process of standardization, with its economic and trade advantages, provides for sufficient legitimacy guarantees.
Day 1: Standardisation in the different policy fields
- 13:00 - 14:00: Registration & welcome coffee
- 14:00 - 14:30: Introduction by Caroline Cauffman and Mariolina Eliantonio (Maastricht University)
- 14:30 - 14:50: Sabrina Röttger-Wirtz and Ellen Vos (Maastricht University): Standardisation and food law
- 14:50 - 15:10: Marta Cantero Gamito (University of Helsinki): "Roaming" Law-making, standardisation and the law of telecommunications
- 15:10 - 15:30: Paolo Balboni (Founding Partner of ICTLC and Extraordinary Professor of Privacy, Cybersecurity and IT Contract Law at Maastricht University European Centre on Privacy and Cybersecurity): Standardisation in the Privacy Domain: Bringing Personal Data to a Global Level
- 15:30 - 16:00: Discussion
- 16:00 - 16:30: Coffee break
- 16:30 - 16:50: Marjan Peeters (Maastricht University): Standardisation as a regulatory technique in EU climate and energy law
- 16:50 - 17:10: Sabrina Röttger-Wirtz (Maastricht University): Standardisation in pharmaceuticals
- 17:10 - 17:30: Maurizia De Bellis (Rome Tor Vergata University): Standardisation and banking and financial law
- 17:30 - 18:00: Discussion
Day 2: The consequences of standardisation
- 09:00 - 09:20: Linda Senden (Utrecht University): The constitutional positioning of standardisation
- 09:20 - 09:40: Pierluigi Cuccuru (Sant' Anna University) and Harm Schepel (Kent University) : Regulating by Request: On the role and status of the 'standardisation mandate' under the New Approach
- 09:40 - 10:00: Annalisa Volpato and Mariolina Eliantonio (Maastricht University): Standardisation and judicial review
- 10:00 - 10:30: Discussion
- 10:30 - 11:00: Coffee break
- 11:00 - 11:20: Peter Rott (Kassel University) and Carola Glinski (University of Copenhagen): Liability of standardisation and certification bodies
- 11:20 - 11:40: Barend van Leeuwen (Durham University): Reviewing the legitimacy of standardisation in private law: European standardisation and professional standards in the medical sectorLiability of standardisation and certification bodies
- 11:40 - 12:15: Discussion
- 12:15 - 13:30: Lunch
- 13:30 - 13:50: Sarah Schoenmaekers (Maastricht University): Standards and EU Public Procurement Law
- 13:50 - 14:10: Carolina Cauffman (Maastricht University): Standardisation and competition law
- 14:10 - 14:30: Michael Faure and Niels Philipsen (Maastricht University, Erasmus University of Rotterdam): A law and economics perspective on standardisation
- 14:30 -15:00: Discussion
- 15:00 - 15:30: Coffee break
- 15:30 - 16:30: Panel discussion: Standardisation: a transparent and inclusive tool? Views from the practice (CEN-CENELEC, ECOS, Commission- DG Growth)
- 16:30- 17:00: Closing remarks by Caroline Cauffman and Mariolina Eliantonio
Address: Avenue de Tervueren 153, 1150 Brussels
How to get to the UM Campus Brussels:
- Metro: from the Central station take the purple metro line 1 leading to Stockel (not line 5 to Herrmann-Debroux) and get off at ‘Montgomery’. Take exit ‘Boulevard de Saint-Michel / Avenue de Tervueren 1-171 and then turn right. The UM Campus Brussels will be after 30 meters on your left hand.
- Brussels Airport: take bus 12 or bus 21 that both cover the area between Brussels Airport and the city center. In both cases get off at ‘Diamant’ and take the tram line 23 or 24 both in the direction of ‘Vanderkindere’ or take line 25 in the direction of Boondaal Station. Get off at ‘Montgomery’. Take exit ‘Boulevard de Saint-Michel / Avenue de Tervueren 1-171 and then turn right. The UM Campus Brussels will be after 30 meters on your left hand.
no fee will be requested