The purpose of this chapter is to explore standardsetting processes for telecommunications services, which can ultimately contribute to the regulatory role of European integration. In telecommunications, the necessary compatibility for connecting networks and systems is achieved by means of technical standards. Due to the level of technicality and expertise involved in the creation of these standards, the process of lawmaking is largely removed from the legislature and delegated to standardsetting organisations (SSOs). The legislator’s reliance on standardisation entails a joint and multidirectional effort in the accomplishment of regulatory objectives while casting doubt on the legitimacy of the means used. Therefore, this chapter examines if and how, in highly technical sectors such as telecoms, efficacy in the achievement of regulatory and policy goals might outweigh increasing input legitimacy concerns. In other words, can an input legitimacy deficit eventually be remedied by the consecution of specific regulatory outcomes? The chapter concludes that the regulatory use of standardisation significantly contributes to the achievement of regulatory and policy goals. However, fundamental legitimacy guarantees should not be compromised.
Marta Cantero Gamito
Marta Cantero Gamito
Increasing attention is being paid to the reach of EU rules, policies and regulatory standards beyond the EU marketplace. This edited volume provides a critical account of the wider role of the EU in an increasingly bewildering geopolitical scene, where the transnational and globalised political economy coexists with the current attempted return to the nation-State. We have identified at least four different, but overlapping, ways in which the EU uses private transnational governance practices with a view to expanding the regulatory space of EU rules, policies and values: (1) ‘EU governance through EU institutions’; (2) (EU) governance through epistemic communities; (3) ‘EU governance through substance’; and (4) ‘EU governance through privately set procedures’. With contributions from different sectors, the book reveals how private law tools such as privately developed standards, contracts and codes can be used to achieve public aims where public law struggles to overcome the territorial as well as authority and legitimacy limits of publicmade law.
Standards, Contracts and Codes
Edited by Marta Cantero Gamito and Hans -W. Micklitz
Lucila de Almeida, Marta Cantero Gamito and Hans-W. Micklitz
This chapter argues that EU engagement with international organizations in the field of private law is not confined to the Hague Conference on Private International Law (HCCH) only. Below the radar of international conventions, formalized agreements and institutions with legal authority, there has been institutional and normative cooperation between EU and international standardsetting organizations (SSOs), which has resulted in the global reach of EU law in the field of private law. The first part of the chapter describes the EU’s role in the elaboration of international private law evolving from its enlarged competences under the Treaty and its impact on the relationship with the HCCH. The second part advances the thesis that the EU has moved from competence expansion in highly visible international fora to cooperation in standards bodies though European SSOs. The third and fourth parts explain institutional cooperation between European and international SSOs in the energy and telecommunications markets.