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
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
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