EU Law and Global Regulatory Regimes: Hollowing Out Procedural Standards

This paper 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, such as participation and transparency. Illustrative examples shed light on the practical interactions between EU and global regulatory systems and their likely negative impact on procedural standards. 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 paper argues that 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 reception of decisions of international organizations and bodies, the exercise of public authority is potentially unleashed in those areas of intersection of legal systems. The paper further lays down the premises of a normative conception of the relationships between legal orders that would allow preserving procedural standards in the areas of interaction between EU and global regulatory regimes.