The New Approach to the New Approach: The Juridification of Harmonized Standards in EU Law

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 . (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided)

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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
Subjects: K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Harm Schepel
Date Deposited: 07 Jan 2014 11:02 UTC
Last Modified: 09 Jul 2014 16:43 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/37736 (The current URI for this page, for reference purposes)
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