The rule of law in private regulatory settings within the EU context: Developing a constitutional-proof institutional design for private regulatory mechanisms at Union level
Promovendus: Dhr. K. Klinger
Promotores: Mw. Prof. A. Gerbrandy, Mw. Prof.Dr. L.A.J. Senden
Duur: 1/10/2016 - 31/7/2020
Previous research has shown that the allocation of regulatory powers to private actors constitutes a well-established practice within the EU context, which can be found in a variety of manifestations and in multiple policy domains. Starting from the assumption that the exercise of genuine regulatory powers by private actors must be subjected to a comparable normative framework as provided under traditional constitutionalism for the exercise of public powers, this PhD project investigates, in particular, how Rule of Law demands can be properly implemented and translated into private regulatory settings. It addresses this issue from an institutional-design approach intending to develop a constitutional-proof blueprint for the use of private regulatory mechanisms at Union level, that adequately takes into account Rule of Law aspirations and thereby may compensate for constitutional concerns expressed in this respect.