Private Regulation and Enforcement in the EU : Finding the Right Balance From a Citizen’s Perspective

Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people’s daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens’ expectations or whether more should be done as to the safeguarding of citizens’ interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies. Preface Contents 1. Introduction: EU Private Regulation and Enforcement - Mapping its Contextual, Conceptual, Constitutional and Citizens’ Dimensions 1. Introduction 2. Proclaimed Benefits and Potential Risks 3. The Conceptual Frame 4. The Specific EU Context 5. The Citizen’s Perspective 6. The Book’s Approach PART I: POLICY DOMAINS 2. The Special Position of Agreements by Social Partners in EU Law 1. Introduction 2. The Role of Social Partners in Developing National and EU Policies 3. Regulation and Enforcement by Social Partners at EU Level 4. National Agreements by Social Partners and EU (Competition) Law 5. Analysis of the Interaction of Social Partners and the EU and National Level 6. The Legal Protection of Third Parties and Citizens 7. Conclusions 3. Private Regulation in the Internal Market: Assessing European Technical Standardisation Through a Citizen’s Eye 1. Introduction 2. The Economic and Societal Context of Technical Standardisation 3. Setting the Stage for the Involvement of Private Actors in Regulating and Enforcing the EU Internal Market 4. The Legal Foundation and Framework of European Standardisation 5. Interplay between the International, European and National Levels 6. The Interplay between the Public and the Private 7. Assessment from a Citizen’s Perspective 8. Concluding Remarks and Lessons Learnt 4. The Role of Private Actors in Data Protection Law and Data Protection Practice 1. Introduction 2. The Role of Private Actors in Data Protection Law 3. The Legal Arrangements and Foundations 4. Assessment 5. Conclusions 5. Private Actors in European Consumer Law 1. Introduction 2. Setting the Stage for the Involvement of Private Actors 3. Legal Arrangements and Foundations 4. Case Studies 5. Assessment vis-a-vis the Citizen’s Perspective 6. Conclusion 6. Of the People, by the People, for the People? The European Union’s Experience with Private Environmental Regulation and Enforcement 1. Introduction 2. Contextualising Private Environmental Regulation in the EU 3. The Trajectory of EU Environmental Regulation to Date and the Role of Private Environmental Regulation 4. The Citizen’s Perspective? 5. Conclusion 7. Unfolding the Private-Public Dynamics of Regulation and Enforcement in EU Food Law 1. Introduction 2. The Origins and Development of EU Food Law Regulation 3. Setting the Stage for the Involvement of Private Actors in the Multilevel Regulation and Enforcement of Food Law in the EU 4. Assessing Public-Private Regimes of Food Regulation 5. Conclusions 8. Engaging Private Actors in the Production of EU Financial Regulation: Advantages and Disadvantages from a Citizen’s Perspective 1. Introduction 2. The Post-Crisis Institutional Architecture of Banking Regulation and Supervision in Europe 3. Setting the Stage for the Involvement of Private Actors: Market Failures and Complexity of Modern Financial Intermediation 4. On the Interplay between Public and Private Modes of Regulation: Legal Arrangement and Foundation of the Private-Public Relationship 5. What is the Role for Private Regulation in Achieving Social and Economic Goals Relating to the Banking Industry? 6. Financial Regulation and Private Actors from a Citizen’s Perspective: An Analysis Through the Lens of ‘New Governance’ Theory 7. Concluding Remarks 9. Trust through Responsibility: Advertising and Self-Regulation in Europe 1. Introduction 2. Setting the Stage for the Involvement of Private Actors 3. Legal Context, Arrangement and Foundation 4. General Assessment 5. An Assessment of Advertising SR vis-a-vis the Citizen 6. Conclusions 10. Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen’s Perspective – The Protection of Minors against Online Harms 1. Introduction 2. Regulatory Models: Clear Incentive for the Involvement of Private Actors 3. The Context of the Fundamental Rights at Stake 4. Assessment of the Involvement of Private Actors in the Protection of Minors vis-a-vis the Citizens’ Perspective 5. Conclusion 11. Internet Liability Law Case Study: Private Regulation and Enforcement in the EU from the Citizens’ Perspective 1. Introduction: Context 2. What Role is Established for Enforcement by Private Internet Actors? 3. Development of Self-Regulation for Internet Actors in Context 4. Private Enforcement Assessment and Reform from the Citizens’/Prosumers’ Perspective 5. Conclusion: Nudging Private Internet Actors Towards Better Enforcement 12.The Role of Private Actors in the Regulation and Enforcement of Corporate Environmental Harm 1. Introduction 2. Why Should Private Actors be Involved in the Protection of Citizens against Corporate Environmental Harm? 3. Private Actors’ Roles in Reporting and Detecting Corporate Environmental Harm 4. Extraterritorial Enforcement Through Liability Claims or Extralegal Sanctions 5. Private Regulation 6. Final Remarks PART II: CROSS-CUTTING ISSUES 13. The Constitutional Authority of Private Regulation in the Light of the EU’s Competence Order 1. Introduction 2. The Principle of Conferral: Its Legality Aspirations and Confines for the Lawful Delegation of Powers to Private Actors 3. The Principle of Subsidiarity: Demanding Proximity of Public Regulatory Processes 4. The Principle of Proportionality: A Safeguard against Excessive Public Interference and its Implications for the Choice of Regulatory Means 5. Conclusion 14. Private Regulation and Enforcement within the Single Market’s Legal Framework: The Need for a More Holistic Approach 1. Introduction 2. The Personal Scope of the Free-Movement Provisions: What Horizontal Effect for Private Actors? 3. The Substantive Scope of the Free-Movement Provisions; What Private Conduct may be Justified? 4. Concretising the Issue: Facebook’s Advertising Policy 5. Towards a Holistic Internal Market Test 6. Conclusion 15. European Union Co- and Self-Regulation and the Protection of Fundamental Rights 1. Introduction 2. EU Strategies on Fundamental Rights and the Regulatory Process 3. Classification of Fundamental Rights Effects 4. Responsibilities to Protect Fundamental Rights of Actors Involved in the Process of Co- and Self-Regulation 5. Conclusions 16. EU Competition Law versus Private Regulation: Restrictive or Enabling? 1. Introduction 2. The Involvement of Private Actors in the Legislative Process in the Netherlands 3. The Legislative Response from the Dutch Government 4. Competition Law for Citizens or Consumers? 5. Summary on the Scope of Private Actor Engagement within EU Competition Law 6. Conclusion 17. The Democratic Challenges of Effective Private Regulation and Enforcement 1. Introduction 2. Regulatory Capitalism and Democratic Governance 3. The Challenge of Private Regulation 4. Reviewing Regulatory Practice for Democratic Governance 5. Conclusions 18. Conclusions: Drawing the Lines Together of Regulatory Choice, Public-Private Dynamics and Citizens’ Trust in Private Regulation and Enforcement in the EU 1. Introduction 2. The Actors in and Drivers of EU Private Regulation and Enforcement 3. Public-Private Dynamics 4. Legal Conditioning of Private Regulation and the EU-National Relationship 5. Building Citizens’ Trust 6. Constitutionalisation of Private Regulation and Enforcement in the EU: Lessons Learnt Index Introduction : EU Private Regulation andEnforcement : Mapping its Contextual, Conceptual, Constitutional and Citizens' Dimensions / M de Cock Buning and LAJ Senden -- The Special Position of Agreements by Social Partners in EU Law / Frans Pennings -- Private Regulation in the Internal Market : Assessing European Technical Standardisation Through a Citizen's Eye / Mariëtte Hiemstra and Linda Senden -- The Role of Private Actors in Data Protection Law and Data Protection Practice / Peter Blok -- Private Actors in European Consumer Law / Ewoud Hondius and Esther van Schagen -- Of the People, by the People, for the People? : The European Union's Experience with Private Environmental Regulation and Enforcement / Suzanne Kingston and Edwin Alblas -- Unfolding the Private-Public Dynamics of Regulation and Enforcement in EU Food Law / Michele Simonato and Salvatore F. Nicolosi -- Engaging Private Actors in the Production of EU Financial Regulation : Advantages and Disadvantages from a Citizen's Perspective / Andrea Minto -- Case Study on Advertising and Self-Regulation in Europe / Oliver Gray -- Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen's Perspective : The Protection of Minors against Online Harms / Madeleine de Cock Buning -- Internet Liability Law Case Study : Private Regulation and Enforcement in the EU from the Citizens' Perspective / Christopher T. Marsden -- The Role of Private Actors in the Regulation and Enforcement of Corporate Environmental Harm / Judith van Erp -- The Constitutional Authority of Private Regulation in the Light of the EU's Competence Order / Kilian Klinger -- European Union Co- and Self-Regulation and the Protection of Fundamental Rights / Jessy M. Emaus -- Private Regulation and Enforcement within the Single Market's Legal Framework : Th e Need for a More Holistic Approach / Frederick Brouwer -- EU Competition Law versus Private Regulation : Restrictive or Enabling? / Jotte Mulder -- The Democratic Challenges of Effective Private Regulation and Enforcement / Colin Scott -- Conclusions : Drawing the Lines Together of Regulatory Choice, Public-Private Dynamics and Citizens' Trust in Private Regulation and Enforcement in the EU / M de Cock Buning and LAJ Senden "Globalisation and technological innovation have been fueling the need for more and more trust in private actors, such as companies or special interest groups, in regulating and enforcing significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertisement and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question whether private actors live up to citizens' expectations or more should be done as to the safeguards of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement is embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context, which, unlike the national and transnational ones, has not been widely explored yet. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book therefore adds another missing tile to the mosaic of public-private governance studies"-- Provided by publisher