The Politics of Systematization in EU Product Safety by Kai Purnhagen

By Kai Purnhagen

This e-book examines the expanding position of the criminal approach to systematisation in eu Union (EU) legislation. It argues that the felony approach to systematisation that has been constructed in a welfare-state context is more and more used as a regulative instrument to functionally combine the industry. The booklet makes use of the instance of european product law as a connection with illustrate the influence of systematisation on european legislations. It attracts conclusions from this phenomenon and redefines the present position and foundation of systematisation within the european felony method. It places ahead and demonstrates major arguments. First, in definite sectors akin to in ecu product protection legislations, the standard of european legislation adjustments from a sector-specific and reactive box of legislations to an more and more coherent felony method at ecu point. hence, rather than punctual industry intervention, it more and more governs entire industry parts. through doing so, it demanding situations and sometimes totally replaces the respective welfare-based felony platforms within the Member States for the advantage of the correct of a market-driven european felony method. moment, at ecu point, the correct is in improvement. This illustrates the swap of the functionality of Statecraft from realms to market-states.​

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By the end of the twentieth century, EU institutions widened this new approach to product safety to areas that in nation states regularly belong to their private or civil law systems. Art. ” Conformity was according to Art. 2 (2) of Directive 1999/44/EC presumed if they met certain objective criteria such as compliance with the description of the product by the seller. Again, Directive 1999/44/EC makes use of the ‘new approach’s incentive mechanism to ensure the safeness of products. The seller has a general duty to deliver only products which are in conformity with the contract.

Klindt, ‘Das neue Geräte- und Produktsicherheitsgesetz’, Neue Juristische Wochenschrift, No. 57, 2004, p. 465. 2002, p. 4 [2004] OJ L 11/4. 113 T. Klindt, ‘Der “new approach” im Produktrecht des europäischen Binnenmarkts: Vermutungswirkung technischer Normung’, Europäische Zeitschrift für Wirtschaftsrecht, 2002, pp. 135 et seq. 114 R. , Butterworth Heinemann, 2000, p. 4. 22 1 Mapping the Systematization of EU Product Safety Regulation The New Legislative Framework for Marketing of Products While these developments may be seen, more or less, as an intensification of the ‘new approach’ system that was already in place, they do not qualify as offspring of the new and revolutionary second wave of systematization.

36 Either way, there was wide agreement that the classical standard setting approach envisaged by Art. 100 EEC (now Art. 38 Although issued as early as 1973, it did not follow the classical command-and-control method of Art. 100 EEC (now Art. 114 TFEU). It moreover formulated general and abstract goals of consumer safety and left it to the standardisation organisations to define specific standards. If these standards were complied with, the meeting of the safety goal was presumed (Art. 5 (1) of Directive 73/23/EEC).

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