The Regulatory Function of European Private Law
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The Regulatory Function of European Private Law

Edited by Fabrizio Cafaggi and Horatia Muir Watt

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?
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Chapter 7: Product Safety, Private Standard-Setting and Information Networks

Fabrizio Cafaggi


7. Product safety, private standardsetting and information networks Fabrizio Cafaggi NEW REGULATORY STRATEGIES IN PRODUCT SAFETY: CONTROLLING PRIVATE STANDARD-SETTING AND PROMOTING SAFETY IN INTER-FIRM NETWORKS1 Legal reforms concerning European product safety are under careful scrutiny.2 The European system, encompassing a liability (Directive 374/85/EC,3 hereinafter ‘PL directive’) and a regulatory system (Directive 95/2001/EC,4 hereinafter ‘GPSD’), has made important progress towards increasing safety levels and ensuring relative uniformity. The product safety regime has recently undergone a review5 (the first report on the GPSD was published in January 1 This chapter is part of a larger project focusing on a comparative analysis concerning product safety between the EU and US. It was first presented at the Comparative Law and Economics (CLEF) workshop, Florence, February 2008. I thank the participants for comments. Responsibility is my own. 2 See the package of measures adopted in August 2008, that includes also the Regulation (EC) n° 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the market of products, OJEU 13.08.2008, L218/03. 3 Council Directive 374/85/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29. 4 Directive 95/2001/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002, p. 4. 5 Regulation (EC) n° 765/2008 setting out the requirements for accreditation and market surveillance...

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