Introduction
This essay evaluates critically the relatively new phenomena, which are private agencies within the governance structure of the European Union. This essay will be devoted to private standardisation and evaluates these agencies from two points of view. First concern is how effective these private standardisation bodies are and second and perhaps more important whether they have a claim of legitimacy within the governance structure. To be able to summarize this point, first part of this essay will be concerned with the Old Approach to Technical Standardisation, the principles and the outcome. It is no secret that the Old Approach to Technical Standardisation had failed at all levels. The second part is little more descriptive and describes the idea of the New Approach to Technical Standardisation. The comparison between the two reveals the reasons why the New Approach to Technical Standardisation is more effective, although some of the conclusions can be taken already from the introductory part of the Old Approach.
Last part of the essay is concerned with the issue whether the private standardisation bodies have place within the EU constitutional arrangement and with the mechanism how they gain legitimacy. The question of constitutionality is very interesting one and deeper consideration would be beyond the scope of this essay. Nevertheless, some academic insights about constitutionality in the EU in the conclusion of this essay support the view that private agencies gain their legitimacy also through the efficacy with which they had helped to succeed project, which the Commission for various reasons had failed.
Starting point to illustrate this point would be the analysis of the Old Approach to European Standardisation.
