Conclusion
This essay was evaluating the role of the agencies as factor of private governance within EU constitutional structure. Critical evaluation of the Old Approach to Technical Standardization had revealed that the Commission had at the beginning of the project by no means a realistic workable and clear concept which would be able to dismantle the technical barriers to trade among the Member States of the EU. Since the start the project was not able to produce desirable results and maybe therefore was the competence handed over to private standardization agencies like CEN and CENELEC.
Under the New Approach, the private standardization agencies managed to set up system of standardization which is working throughout Europe. The companies, which comply with harmonized technical standards can benefit from presumption of conformity, which prevent their goods be subject to any additional technical inspections. Although there are some unresolved problems like for example the issue of constitutionality, because of apparent lack of constitutional provisions that would support establishing of private standardization agencies, the system had proved to be effective. One very important issue within standardization is that these technical specifications are in no respect binding1. Companies can use some other means, but this could result into imposing lengthy tests and litigation about technical specification.
In practice, however some of the Member States had included technical standardization in their national legislation2 and the requirements for standardization are being enforced by Health and Safety executive. The question enforcement and its legitimacy through national laws would, however, open introduction for another essay, or another project.
