| Reference : EU Law and Global Regulatory Regimes: Hollowing Out Procedural Standards? |
| Scientific journals : Article | |||
| Law, criminology & political science : European & international law | |||
| Law / European Law | |||
| http://hdl.handle.net/10993/29448 | |||
| EU Law and Global Regulatory Regimes: Hollowing Out Procedural Standards? | |
| English | |
Mendes, Joana  [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >] | |
| Oct-2012 | |
| International Journal of Constitutional Law | |
| OUP | |
| 10 | |
| 4 | |
| 988-1022 | |
| Yes | |
| International | |
| 1474-2640 | |
| 1474-2659 | |
| [en] EU procedural standards ; participation ; global regulatory regimes ; decisions of international bodies ; EU law | |
| [en] This article examines the effects that the reception of decisions of international organizations
and bodies in EU law may have in procedural standards followed in EU law and practice, in particular participation. Illustrative examples shed light on the practical interactions between EU and global regulatory systems and their likely negative impact on procedural standards. The author argues that the current EU rules of reception of such decisions are limited in two respects. First, issues of procedural protection are decided by the system of origin, the procedural rules of which may not be as developed as those in force in the EU. Second, rules of reception do not capture the effects of the varied interconnections developed between regulatory regimes at the global and at the EU level. The possible depletion of procedural standards in the segments of EU law that result from the reception of decisions of international bodies has relevant legitimacy implications. Procedural standards that may be bypassed have become accepted standards of legitimacy of the exercise of public power within the EU. Some give effect to norms of EU law and governance now enshrined in the Treaties. To the extent that they may be weakened by effect of the reception of decisions of international organizations and bodies, the exercise of public authority is potentially unleashed in the areas of intersection of legal systems. The article finally sketches the constitutional, procedural and theoretical paths that could lead to preserving procedural standards in the areas of intersection between EU and global regulatory regimes. | |
| http://hdl.handle.net/10993/29448 | |
| http://icon.oxfordjournals.org/content/10/4/988.full.pdf+html |
| File(s) associated to this reference | ||||||||||||||
|
Fulltext file(s):
| ||||||||||||||
All documents in ORBilu are protected by a user license.
