European Standardisation of Services and its Impact on Private Law

This book analyses the interaction between European standardisation of the free movement of services and private law. Its starting point is an investigation into the ability of European standardisation of services to increase convergence in private law - allowing the private law orders of the Member States to be more closely aligned through European standardisation. However, it argues that there are some serious difficulties with both the relationship between European standardisation and services, and the relationship between standardisation and private law. This can be attributed to two paradoxes of convergence. First, it seems that while the European Commission would like European standardisation of services to develop in such a way that it can really contribute to the improvement of the internal market for services, it has not taken steps to control it or guarantee that any such standardisation complies with free movement law. Second, while stakeholders would like to apply European standards in private law, it would appear that they are less worried about the requirements that are imposed by private law before European standards can successfully be applied. It is not until these paradoxes are resolved that the aspiration of convergence in private law through European standardisation might become a reality.

Barend van Leeuwen is Assistant Professor of European Law at the University of Groningen.