Private Actors, Public Authorities and the Relevance of Public Law in the Process of European Standardization

The reliance on private parties is a global tendency in modern regulation. One peculiar regulatory technique which foresees a core role for private parties is that of European standardization. The employment of standards for regulatory purposes delivers enormous benefits for the harmonization process and is today a key factor in the EU’s trade policy; however, the process of European standardization raises a number of concerns from a rule of law perspective, which are linked to ‘hybrid nature’ of the process, which foresees an intertwined public and private decision-making process. The aim of this contribution is to discuss the role of public law in the process of European standardization. After discussing the legal nature of European harmonized standards, the current application and potential applicability of general principles of administrative law is discussed and the necessity and availability of judicial control is examined.