Brussels effect

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As Brussels effect (English: Brussels effect ), the de facto adoption of legal norms , regulation and standards of the European Union outside the European internal market , in particular in transnational designated markets. The term is modeled on the so-called California effect : the size and importance of the Californian market has resulted in the rules that apply there de facto becoming valid far beyond the borders of the US state of California . Anyone who wants to export goods to California or otherwise do business with companies located there is bound by the laws and standards applicable there and therefore also obey them in order to be able to participate in the market in the long term. This is also the case with the standards and market regulation by the European Union; these also develop their effectiveness indirectly in third countries.

The term was coined by the American legal scholar Anu Bradford in an essay that appeared in 2012. It describes the analogous effects of European law on competition law , food law and environmental law . The approach has also been transferred to data protection law. In connection with Brexit , it is discussed to what extent a withdrawal of the United Kingdom from the EU could actually develop in view of the great importance of the European market. Theoretically proposed by Bradford barriers to the Brussels effect in international law, especially in WTO law, have not yet been proven. Nor do all of the criteria introduced by Bradford have to be cumulative to achieve such an effect.

The context described so far was the subject of earlier publications. Since there is a relatively high level of consumer protection , protection of personal data or the protection of the environment in the European Union , this level in fact extends far beyond the scope of European law and also has an impact in other countries that are responsible for provide their citizens with a lower level of protection ( race to the top ). This consequence contradicts the thesis of the so-called Delaware effect (English: race to the bottom ), which globalization critics had always feared: According to Bradford, the leveling of standards in a globalized economy is not automatically based on the lowest requirements, but follows the market power of involved legislators and other standard-setters. Bradford's approach is a contribution to transnational legal theory .

Similar word formations existed outside of business law and labor and social law . With regard to the effect of human rights , based on the seat of the European Court of Human Rights (ECHR), one sometimes speaks of the Strasbourg effect .

Web links

Individual evidence

  1. ^ David Vogel: Trading Up: Consumer and Environmental regulation in a global economy . Harvard University Press, 1995, ISBN 9780674900837 .
  2. ↑ a b c Dominique Sinopoli and Kai Purnhagen: Reversed Harmonization or Horizontalization of EU standards ?: Does WTO Law Facilitate or Contrain the Brussels Effect? In: Wisconsin International Law Journal . tape 34 , no. 1 , 2016 ( wisc.edu [PDF; accessed March 27, 2019]).
  3. ↑ Three Questions: Prof. David Bach on the Reach of European Privacy Regulations. In: Yale Insights. May 25, 2018, accessed January 24, 2019 .
  4. ^ Alan Beattie: Why the whole world feels the 'Brussels effect'. In: Financial Times. November 16, 2017. Retrieved January 24, 2019 (UK English).
  5. ↑ Bach, David and Newman, Abraham (2007) - The European regulatory state and global public policy: micro-institutions, macro-influence - Journal of European Public Policy https://doi.org/10.1080/13501760701497659
  6. ↑ Lauri Mälksoo, Wolfgang Benedek (Ed.): Russia and the European Court of Human Rights. The Strasbourg Effect . Cambridge University Press, Cambridge [UK] 2017, ISBN 978-1-108-23507-5 .
  7. ↑ Başak Çalı: Russia and the European Court of Human Rights: The Strasbourg Effect . In: International Journal of Constitutional Law . tape 17 , no. 1 , May 6, 2019, ISSN  1474-2640 , p. 361–365 , doi : 10.1093 / icon / moz014 ( oup.com [accessed June 15, 2020] review; access to Oxford Acedemic through The Wikipedia Library).