The problem of official publicity of european standards of private origin that display legal-public effects
DOI:
https://doi.org/10.18042/cepc/rdce.72.06Abstract
The world of technical standards developed by Standardisation Organisations is surrounded by a multitude of legal problems, among which is that of the official publicity of those technical specifications of private origin that display effects of a legal-public nature.
This article focuses, in fact, on the study of this issue. It starts, firstly, with the analysis of the concept and the meaning of technical standards, and continues, secondly, with the examination of the mechanisms that exist to transform the technical standards of private origin as mandatory.
The core of this paper is found, thirdly, in the dissection of the current state of the official publicity of the harmonised European standards and of the European standars transformed into imperatives by the legal and regulatory dispositions, both Spanish and European, after the recent judgment of the Court of Justice of the European Union in the case “Stichting Rookpreventie Jeugd”.
This study ends by formulating a proposal with the ultimate objective of solving the legal problem, which exists today, derived from the absence of official publication of technical standards of private origin that display legal-public effects.
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