The European concept of technical regulation in the framework of the information system provided for by Directive (EU) 2015/1535
DOI:
https://doi.org/10.18042/cepc/rdce.77.03Abstract
This article reviews the European concept of technical regulation, which is quite different from its national configuration. This concept is made up of four categories of measures that are studied by the author in the light of the case law of the Court of Justice of the European Union. These categories are: firstly, the technical specifications; secondly, the so-called other requirements; thirdly, the rules relating to information society services; and fourthly, the legal, regulatory and administrative provisions prohibiting the manufacture, import, marketing or use of a product. In addition to these profiles of the European concept of de jure mandatory technical regulations, the author reviews the profiles that shape de facto technical regulations.
Having analyzed the contours of this transcendental regulatory category, the article focuses on the analysis of the information system provided for by Directive 2015/1535, studying the functioning of the two major elements of this system on the basis of the case law of the European Court of Justice. These two main elements are: on the one hand, the obligation to communicate to the Commission the draft technical regulations prepared by a Member State of the European Union; and on the other hand, the postponement or standstill period for the definitive adoption of a previously notified regulation by a Member State.
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