The relevance of industry self-regulation in the light of the principle of subsidiarity enshrined in Article 5 para 3 TEU

Academic Paper from the year 2015 in the subject Law - European and International Law Intellectual Properties grade: 82 University of Warwick (Law School) language: English abstract: 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 Ger