The relevance of industry self-regulation in the light of the principle of subsidiarity enshrined in Article 5 para 3 TEU

Part 1 – Focus on the advertising industry in the UK and Germany

Texte Universitaire , 2015 , 33 Pages , Note: 82

Droit - Droit communautaire/européen, Droit international, Droit privé international

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.

Inhaltsverzeichnis (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
• VIII References

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation critically analyzes the relationship between industry self-regulation and state law within the context of Article 5 paragraph 3 of the Treaty on European Union (TEU). The main objective is to explore the role and significance of self-regulation in EU legislation, jurisdiction, and political discussions, particularly in relation to the principle of subsidiarity.

• The nature and function of industry self-regulation, specifically in the advertising sector.
• The benefits and drawbacks of self-regulation compared to statutory regulation.
• The interpretation and application of the principle of subsidiarity as enshrined in Article 5 paragraph 3 TEU.
• The relevance of self-regulation in EU legislation, policy-making, and decision-making processes.
• The potential for implementing EU directives through self-regulatory mechanisms.

Zusammenfassung der Kapitel (Chapter Summaries)

The introduction sets the scene by examining the role of regulation in fostering a stable and predictable business environment, particularly within the complex legal framework of the European Union. It highlights the transfer of powers between member states and the EU, emphasizing the importance of the principles of subsidiarity and proportionality enshrined in Article 5 of the Treaty on European Union.

Chapter II provides a detailed definition and discussion of industry self-regulation, focusing on advertising as a case study. It examines the benefits and weaknesses of self-regulation, considering its structure and mode of action.

Chapter III delves into the principle of subsidiarity, analyzing its interpretation and scope of application as laid out in Article 5 paragraph 3 TEU. The chapter explores the potential role of self-regulation in the context of subsidiarity.

Chapter IV examines the relevance of advertising self-regulation in EU legislation and political decision-making processes. It explores the role of self-regulation in shaping policy opinions and influencing decisions within the EU Commission and Parliament.

Chapter V focuses on the possibility of implementing EU directives through self-regulatory mechanisms. It examines relevant European legal provisions and explores approaches for incorporating self-regulation into implementation acts.

Chapter VI provides a comparative analysis of advertising self-regulation in the UK and Germany, highlighting the different structures, statutory environments, and caseloads of regulatory bodies in both countries.

Schlüsselwörter (Keywords)

This dissertation focuses on the intersection of industry self-regulation, specifically in advertising, and the principle of subsidiarity as articulated in Article 5 paragraph 3 TEU. The key concepts explored include EU legislation, jurisdiction, political discussions, regulatory models, and the comparative analysis of self-regulation in different European contexts.

• Université: University of Warwick (Law School)
• Note: 82
• Auteur: Christoph Wronka (Auteur)
• Année de publication: 2015
• Pages: 33
• N° de catalogue: V946976
• ISBN (ebook): 9783346283863
• ISBN (Livre): 9783346283870
• Langue: anglais
• mots-clé: article, treaty, european, union, advertising