The dissertation aims to identify the role of industry self-regulation in EU-legislation, jurisdiction and political discussions against the background of the principle of subsidiarity enshrined in Art. 5, par. 3, of the Treaty on European Union (TEU). This approach requires an analysis of the linkage between self-regulatory and statutory regimes as both systems – autonomous, voluntary provisions and state rules – jointly form the regulatory environment imposed on the target groups or sectors. Indispensable, therefore, is a definition of what the term self-regulation means, a description of its structure and mode of action, and an analysis of its advantages and disadvantages compared to statutory regulation.
The characterization and evaluation of self-regulation is followed by an interpretation of Art. 5, par. 3, TEU, including the determination of its scope of application. The resulting interpretation shows which relevance is – or should be – attributed to self-regulation in regard to the principle of subsidiarity. This is followed by a brief look at the significance of self-regulation as detailed by many EU-documents and legal acts, such as directives, for example. This short “tour d’horizon” illustrates that self-regulation is an integral part of European policy.
A special issue discussed here is whether EU-directives can be implemented into national regulation by means of self-regulation. The European Court of Justice denies the possibility of transposing EU-directives in this way and insists on the necessity of formal domestic legislative acts for this purpose. The dissertation largely refers to self-regulation in the advertising area, to make the issue of self-regulation more concrete and transparent. Therefore, it concludes with a systemic comparison between the UK and Germany. It is shown that despite their different approaches to regulating advertising, there are no significant differences with regard to efficiency.
Table of Contents
I Introduction
1. Background
2. Aims and Objectives
3. Contribution
4. Structure
II Industry self-regulation as a regulatory model
1. General remarks
2. Definition of self-regulation with particular regard to advertising
3. The benefits of self-regulation
4. Weaknesses of advertising self-regulation
5. Discussion
III The principle of subsidiarity, Art. 5, par. 3 TEU
1. General remarks
2. The procedure of application
3. The role of self-regulation in the German test grid
4. Discussion
IV The relevance of advertising self-regulation for legislative and political decisions
1. General remarks
2. Advertising self-regulation: Its relevance in EU-legislation
3. Advertising self-regulation: Its relevance in the political opinion forming and decision-making process within the EU-Commission and the EU-Parliament
4. Discussion
V The implementation of EU-directives into national law by means of self-regulatory mechanisms
1. The subject matter
2. European legal provisions
3. Approaches for due consideration of self-regulation in connection with implementation acts
4. Discussion
VI The role of advertising self-regulation in the UK and Germany
1. Structures
2. The statutory environment
3. Number of cases treated by the ASA and the Deutscher Werberat
4. Discussion
VII Conclusion
Objectives and Scope
The primary objective of this dissertation is to critically analyze the relationship between industry self-regulation and statutory law within the framework of the principle of subsidiarity as established in Article 5, paragraph 3 of the Treaty on European Union. The research investigates whether member states can utilize self-regulatory systems to implement EU directives and evaluates the efficiency of these models in different regulatory environments.
- Examination of the structural definition and operational modes of self-regulation.
- Analysis of the legal significance of the subsidiarity principle regarding self-regulatory mechanisms.
- Investigation of the implementation of EU directives through self-regulatory bodies.
- Comparative study of advertising self-regulation systems in the UK and Germany.
Excerpt from the Book
1. Background
Regulation primarily works on social control (Harker and Harker, 2000:156). Governments deploy prodigious efforts to ensuring the stability, transparency and predictability of the business climate. A significant role, from this angle, pertains to the legal framework constructed for ensuring and preserving fair competition, as well as consumer interests. This is why, in order to benefit from the opportunities offered by an extended trans-border flow of goods and services, it is imperative for all market players to concur with regards to regulations, rules and disciplines in their various national and international contexts (Goldstein and Pevehouse, 2007:425-447).
One of the world’s most complex, and at the same time cumbersome, legal systems is that of the European Union (EU). This is understandable since the EU has, from its inception, based its protocol on the transfer of powers by member states, so as to be able to create its own corpus of laws, or autonomous legal systems. It is significant to note, however, that the transfer of powers was not overriding, but occurred only in those areas where it was deemed necessary. Other areas remained under the legal auspices of each member state (Foster, 2013:108).
Summary of Chapters
I Introduction: Outlines the background of regulatory systems, defines the core research questions regarding the intersection of EU law and self-regulation, and details the structural approach of the dissertation.
II Industry self-regulation as a regulatory model: Defines self-regulation in the advertising context, exploring its benefits, potential weaknesses, and its functional role as a complement to statutory law.
III The principle of subsidiarity, Art. 5, par. 3 TEU: Analyzes the procedural requirements of the subsidiarity principle and criticizes the German government's failure to incorporate self-regulation into its national test grids for examining EU legislative acts.
IV The relevance of advertising self-regulation for legislative and political decisions: Investigates how European institutions integrate self-regulatory principles into directives and political discourse, noting the ambivalent status granted to these mechanisms.
V The implementation of EU-directives into national law by means of self-regulatory mechanisms: Discusses the European Court of Justice's rejection of self-regulation as a primary method for transposing EU directives, while acknowledging its potential role if integrated into a formal legal framework.
VI The role of advertising self-regulation in the UK and Germany: Provides a comparative analysis of the institutional structures and legal environments of advertising self-regulation in the two countries, highlighting differences in approach despite similar functional goals.
VII Conclusion: Summarizes the findings, asserting that while self-regulation is a valuable tool, it remains secondary to statutory law and requires more coherent integration within the subsidiarity evaluation process of member states.
Keywords
Self-regulation, Advertising, Subsidiarity, European Union, Statutory Law, Co-regulation, TEU, Article 5, Legal Framework, Implementation, Germany, UK, Consumer Protection, ASA, Deutscher Werberat
Frequently Asked Questions
What is the core focus of this dissertation?
The work examines the role of industry self-regulation within the European Union's legal framework, specifically assessing its compatibility and interaction with the principle of subsidiarity.
What are the primary thematic areas covered?
The main themes include the definition and benefits of self-regulation, the application of Article 5(3) TEU, the implementation of EU directives, and a comparative study of advertising regulatory models in the UK and Germany.
What is the central research question?
The research asks whether self-regulatory systems can sufficiently achieve regulatory objectives in line with the principle of subsidiarity and whether they can serve as legitimate instruments for implementing EU directives into national law.
Which scientific methodology is utilized?
The study employs a critical review of literature, analysis of primary EU legal sources (directives, resolutions), and a comparative institutional analysis between the UK and Germany.
What is addressed in the main body of the work?
The main body covers the theoretical foundations of self-regulation, the procedural interpretation of the subsidiarity principle, and the practical challenges of aligning industry-led norms with European legislative requirements.
Which keywords best characterize the research?
Key terms include advertising self-regulation, EU subsidiarity, statutory versus voluntary regulation, and legislative implementation.
How does the UK model differ from the German approach?
In the UK, self-regulation plays a central role in the advertising sector with broad responsibilities, whereas in Germany, it is more restricted, often confined to a "grey area" as the system is dominated by strict statutory competition laws.
Why does the author argue that the German government's approach to subsidiarity is flawed?
The author criticizes the German government for failing to include self-regulatory systems in its mandatory "test grids" when examining the necessity of EU initiatives, thereby ignoring a potential alternative to statutory regulation.
- Quote paper
- Christoph Wronka (Author), 2015, The relevance of industry self-regulation in the light of the principle of subsidiarity enshrined in Article 5 para 3 TEU, Munich, GRIN Verlag, https://www.grin.com/document/946976
