Schepel, Harm (2013) The New Approach to the New Approach: The Juridification of Harmonized Standards in EU Law. Maastricht Journal of European and Comparative Law, 12 (4). pp. 521-533. ISSN 1023-263X. (doi:10.1177/1023263x1302000404) (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided) (KAR id:37736)
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Official URL: https://doi.org/10.1177/1023263x1302000404 |
Abstract
In July 2012, the Court of Justice rendered judgment in Fra.bo, a case about the liability
of a German private standards body under the free movement of goods. In October 2012,
the European Parliament and Council adopted Regulation 1025/2012 on European
Standardization, the long awaited formal legal framework for the cooperation between the
Commission and the European Standards Organizations. It is very unlikely that either the
Court or the Union legislators were planning in these instances to affect a radical overhaul
of the New Approach to technical harmonization. And yet, that is exactly what they did.
The result of Fra.bo and the new Regulation is to subject European harmonized standards
to judicial challenge by any disgruntled manufacturer of products excluded or adversely
affected by the contents of such a standard.
To have each and every manufacturer or importer complain in each and every court of
the Union about each and every harmonized standard that adversely affects its position on
the market, however, is much more likely to lead to wholesale paralysis than it is to increase
the procedural integrity of European standardization.
Item Type: | Article |
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DOI/Identification number: | 10.1177/1023263x1302000404 |
Subjects: | K Law > K Law (General) |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
Depositing User: | Harm Schepel |
Date Deposited: | 07 Jan 2014 11:02 UTC |
Last Modified: | 09 Mar 2023 11:33 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/37736 (The current URI for this page, for reference purposes) |
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