Self-regulation and co-regulation

Key points:

The EESC considers that:

• self-regulation and co-regulation are mechanisms for regulating economic and social relations or commercial practices among the various economic stakeholders; they may be decided spontaneously or be imposed;
• neither the EU treaties nor Member States' constitutions provide any such enabling basis;

• the parameters for recognising these regulatory instruments must be quite clear, as must the principles governing them and their limits as an accessory regulatory instrument in the legal system concerned;
• the Interinstitutional Agreement (IIA) is an important step in defining the scope of self-regulation and co-regulation at Community level;
• the agreement could usefully be supplemented by a recommendation to the Member States encouraging them to adopt the same principles and precepts at national level. The EESC asks that the proposed revision be referred to it for an opinion.

Other related EESC documents:

• Appendix I to the opinion - List of related EESC opinions
• Appendix II to the opinion - Table on self- and co-regulation examples
• EESC database on European self- and co-regulation
• Other opinions on Better regulation
• Opinion on Adapting RPS acts to Articles 290 and 291 TFEU (INT/723)

• Opinion on Adapting RPS acts to Article 290 TFEU (INT/719)

• Information report on Better regulation: implementing acts and delegated acts (INT/656)

• Opinion on Delegated acts (INT/768, ongoing)

Rapporteur´s expert for the opinion on self- and co-regulation: Professor Fabrizio Cafaggi

• Recent publication by Professor Cafaggi: A Comparative Analysis of Transnational Private Regulation: Legitimacy, Quality, Effectiveness and Enforcement (12 June 2014). Available at SSRN: http://ssrn.com/abstract=2449223

For more information please contact the INT Section Secretariat