POSSIBILITIES AND CONSTRAINTS IN THE USE OF SELF-REGULATION AND CO-REGULATION IN LEGISLATIVE POLICY:
Experiences in the Netherlands - Lessons to Be Learned for the EU?

Philip Eijlander (Tilburg University)

A comparison between the use of self-regulation and co-regulation at the national level and that at the European level is not easy because of the different functions national legislation and European legislation have. On a national scale, the main function of legislation is to achieve uniformity and equality under the law. General rules have a different function in the European Union. The European Union exists thanks to its diversity. The issue of the quality of legislation in the European Union is not a problem of uniformity, but of handling diversity in a well-considered, legal way. In this article, the concepts of self-regulation and co-regulation are analysed, both at the national level (the Netherlands) and at the level of the European Union. Programmes of better law-making propose the use of self-regulation and co-regulation. What can we expect from these proposals?

Cite as: Philip Eijlander, Possibilities and Constraints in the Use of Self-Regulation and Co-Regulation in Legislative Policy: Experiences in the Netherlands - Lessons to Be Learned for the EU?, vol 9.1 ELECTRONIC JOURNAL OF COMPARATIVE LAW (January 2005), <http://www.ejcl.org/91/art91-1.html>.

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Contents
1. Introduction
2. The concept of self-regulation
3. Motives for and types of self-regulation
4. Better regulation
5. Concluding remarks
Notes

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