EU Law and Global Regulatory Regimes: Hollowing Out Procedural Standards?

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.