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Completing the New Approach through a European product safety policy

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Article

Joerges, Christian ; Micklitz, Hans W.

Hanse Law Review

2010

6

2

383-406

CEN ; CENELEC ; EU policy ; product safety ; standardization

Technical standardization

http://www.hanselawreview.org/

English

Bibliogr.

"In this article the authors try to find a way to overcome the separation of internal-market policy and consumer policy, because the product safety policy has been experienced to be a barrier to trade. First of all they emphasize that mutual recognition as developed in Cassis de Dijon judgment is no alternative to promote the development of a uniform product safety policy because it would discriminate enterprises which follow more stringent safety rules; just as the sectoral (vertical) harmonization because it would overtax the Community legislator. They suggest to set up a Standing Committee on product safety law which shall coordinate the policy of the Member States and participate in the decision-making of the Commission. Additionally, they want the involvement of the consumer to be strengthened, in form of a private party like the CEN/CENELEC is for the Standing Committee on technical standards. Finally, the authors mention the idea to start a systematic follow-up market control by cooperation between the Member States and the Community. Nevertheless, the first step has to be the introduction of a general product safety obligation that helps to anticipate standardization in individual sectors, before the previously mentioned steps can be taken. ""

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