Op-Ed: “Rules Behind Paywall: the Problem with References to International Standards in EU law” by Annalisa Volpato
In an increasingly globalised world, standards made at the international level constitute valuable instruments to regulate complex technical issues and facilitate trade. In light of their undoubted economic advantages, the EU legislature often relies on these international standards including by making express reference to them in legislative texts. The use of international standards in regulation is expressly favoured by EU institutions. This incorporation of global standards into the EU’s legal system, however, challenges the basic tenets of public law, as the pending case Stichting Rookpreventie Jeugd and Others (C-160/20) blatantly exposes.
As already explained here, the Court has been asked to rule on the validity of the refe