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.

PROGRAMME

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)

Panel 1 (Chair & discussant: Maurizia De Bellis, Rome Tor Vergata University)
14:30 - 14:50: Sabrina Röttger-Wirtz and Ellen Vos (Maastricht University): Standardisation and food law
14:50 - 15:10: Marta Cantero Gamito (CUNEF Madrid): "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

Panel 2 (Chair & discussant: Mariolina Eliantonio, Maastricht University)
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

Panel 3: (Chair & discussant: Carlo Tovo, Bologna University)
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

Panel 4: (Chair & discussant: Paul Verbruggen, Tilburg University)
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

Panel 5: (Chair & discussant: Pierluigi Cuccuru, St Anna University)
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 by
Justin Wilkes (ECOS),

Federico Maria Musso (European Commission – DG Growth), Dirk De Moor (Agoria) and Bardo Schettini Gherardini (Knowence)
16:30- 17:00: Closing remarks by Caroline Cauffman and Mariolina Eliantonio

VENUE:

Maastricht University Campus Brussels
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.