Posts Tagged CEN

Looking for a PhD or paper topic? Public interest litigation and access to industry standards.

Perhaps it has been studied already. Perhaps it is more of a PhD chapter, short paper or indeed a case for public interest litigation. Stephanie Bijlmakers and I had a good moan about the lack of access to ISO standards when we wrote on ISO 26000. I now have encountered again how extraordinary it is that the public do not have free access to industry standards with such high societal relevance. The trigger this time round is one of our PhD students enquiring with me about recyclable content in packaging. This has sent me on a goose chase to gain access to a copy without having to fork out £170 each for 5 relevant CEN standards.

So here’s my research starter for ten: could and if so under what circumstances can privately developed yet publicly approved standards be considered environmental information under relevant EU and international rules, access to which needs to be granted without charge?

Geert.

 

, , , , , , , , , ,

2 Comments

On a road to somewhere. The EJC on CEN standards in James Elliott Construction v Irish Asphalt

Case C-613/14 James Elliott illustrates that the EU’s ‘New Approach’ to harmonisation is alive and well more than 30 years after its launch. The judgment is best read in its entirety and against the background of the New Approach, following the Court’s judgment in Cassis de Dijon and the introduction of qualified majority voting in the European Single Act.

The Court confirms the important place which CEN-standards occupy in EU law, despite them being private standards, and clarifies the exact impact which these standards have in private relations.

One for harmonisation anoraks.

Geert.

 

, , , , , , , , , , ,

Leave a comment

%d bloggers like this: