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European Regulation of Consumer Product Safety$
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Christopher Hodges

Print publication date: 2005

Print ISBN-13: 9780199282555

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199282555.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

The Community Institutions Involved and their Mechanisms of Governance

The Community Institutions Involved and their Mechanisms of Governance

Chapter:
(p.205) 17 The Community Institutions Involved and their Mechanisms of Governance
Source:
European Regulation of Consumer Product Safety
Author(s):

Christopher Hodges

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199282555.003.0017

The purpose of this chapter is to analyse the actors who are involved in Community regulation. It finds out how these actors operate and interrelate, the nature of the controls to which each is subject, and the weaknesses in their constitutional legitimacy or ability to deliver product safety. This analysis begins by summarizing the actors who have been identified in the first two parts of the book. It then confirms the theoretical tests for the constitutional legitimacy of rules, before applying these tests to each actor. The findings of this chapter suggest that arguments for the creation of a single Community Safety Agency are compelling. If this were to be created, there would be a need to balance accountability and judicial review mechanisms, the former through public scrutiny in a Parliamentary committee, plus a clear administrative appeal mechanism on substantive decisions in view of the abrogation by the courts of oversight on technical issues.

Keywords:   Community regulation, constitutional legitimacy, product safety, Community Safety Agency, judicial review mechanisms

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