European Standardisation of Services and its Impact on Private Law: Paradoxes of Convergence

Description

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law. Volume 68 in the Series Modern Studies in European Law Acknowledgements Contents Table of Cases I. COURT OF JUSTICE OF THE EUROPEAN UNION II. NATIONAL COURTS 1 Context and Methodology I. THE CONTEXT: EUROPEAN REGULATORY PRIVATE LAW II. METHODOLOGY III. THE STRUCTURE OF THE BOOK 2 Convergence in Private Law, European Standardisation and Free Movement of Services I. CONVERGENCE IN PRIVATE LAW: THE CONTEXT OF THE DISCUSSION II. CONVERGENCE IN PRIVATE LAW THROUGH EUROPEAN STANDARDISATION III. THE REGULATION OF SERVICES BY THE EU, ITS IMPACT ON PRIVATE LAW AND THE ROLE OF EUROPEAN STANDARDISATION IV. A PRELIMINARY CONCLUSION 3 The Legal Framework for European Standardisation of Services and the Role of Private Law I. THE EUROPEAN LEGAL FRAMEWORK FOR STANDARDISATION OF SERVICES II. EUROPEAN STANDARDISATION OF SERVICES AND PRIVATE LAW III. EUROPEAN STANDARDISATION AND LEGITIMACY IV. THE PERSPECTIVES OF SOME KEY PLAYERS IN EUROPEAN STANDARDISATION OF SERVICES V. A PRELIMINARY CONCLUSION 4 European Standardisation of Healthcare Services I. THE INTERACTION BETWEEN EU LAW AND HEALTHCARE SERVICES II. THE REGULATION OF HEALTHCARE SERVICES AT THE NATIONAL LEVEL AND THE ROLE OF PRIVATE LAW III. THREE CASE STUDIES ON EUROPEAN STANDARDISATION OF HEALTHCARE SERVICES IV. THE INTERACTION BETWEEN EUROPEAN STANDARDISATION AND HEALTHCARE SERVICES V. A PRELIMINARY CONCLUSION 5 European Standardisation of Tourism Services I. The Interaction Between Eu Law And Tourism Services II. The Regulation Of Tourism Services At The National Level And The Role Of Private Law III. TWO CASE STUDIES ON EUROPEAN STANDARDISATION OF TOURISM SERVICES IV. THE INTERACTION BETWEEN EUROPEAN STANDARDISATION AND TOURISM SERVICES V. A PRELIMINARY CONCLUSION 6 The Application of European Standards in Contract Law and Tort Law and the Role of the Unfair Contract Terms Directive I. FROM THE MAKING OF EUROPEAN SERVICES STANDARDS TO THEIR APPLICATION IN PRIVATE LAW II. EUROPEAN STANDARDS IN CONTRACT LAW III. EUROPEAN STANDARDS IN TORT IV. EUROPEAN STANDARDS AND THE UNFAIR CONTRACT TERMS DIRECTIVE V. A PRELIMINARY CONCLUSION 7 The Application of European Standards in Free Movement Law and Competition Law I. FROM THE APPLICATION OF EUROPEAN STANDARDS TO THEIR REVIEW II. EUROPEAN STANDARDS IN FREE MOVEMENT LAW III. EUROPEAN STANDARDS IN COMPETITION LAW IV. A PRELIMINARY CONCLUSION 8 Paradoxes of Convergence I. RETURNING TO THE THEME OF CONVERGENCE II. European Standardisation and Services III. European Standardisation And Private Law IV. Paradoxes of Convergence Annex: List of Interviews I. RECORDED INTERVIEWS II. NON-RECORDED INTERVIEWS Index