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Mediated by the debate on European private law

Posted: Sun Apr 06, 2025 7:02 am
by rosebaby3892
The methodological key of the monograph is briefly presented in the first chapter, followed in the second chapter by a more extensive presentation of the theoretical and normative framework within which the analysis moves – and which it draws inspiration from. The concept of “convergence” , , is adopted at the same time as a key to understanding and a parameter for evaluating the (still) weak attempts at technical standardization of the provision of services at a European level.

The points of contact between technical standards/convergence on the one hand and buy phone number list the general framework of European law on the other are highlighted with reference to the free movement of services (art. 56 TFEU) and the 2006 directive on services in the internal market. At the same time, the author highlights the possible ways of dialogue between European standards and the private law of the member states, considering both contractual law and the possible role of technical standards in the determination of civil liability: it is through the influence on the practical implementation of private law that the technical standard, from a market instrument for the market, emerges as an element propagating an indirect, yet substantial, uniformity of the application of the legal norms of national laws.

In the third chapter, the volume retraces, in a more descriptive than critical manner, the characteristics of the European standardization system, highlighting its decision-making mechanisms, the actors involved, the existing pressures, the critical issues and the legal questions, also and above all in light of the recent 2012 Regulation on European standardization. It is in this context that the (elusive) normative indices that underpin European standardization in the services market are sought, in contrast to the much more developed regulatory framework of the product market.