26 april 2017

Private regulation

The Constitutionalization of Private Regulation: Understanding the Role of Private Law 2017 – 2021

This project aims to deepen our understanding of the role private law plays in submitting regulatory activities of private actors to fundamental principles of laws. The project approaches this ‘constitutionalization’ of private regulation by analyzing case law on the civil liability of private regulators. By examining conditions under which these regulators are liable the project aims to reveal how and when private law facilitates the constitutionalization of private regulation and to what extent that role can be improved. To that end, the project engages in a systematic comparative analysis of case law in the legal systems of England, Germany, the Netherlands and European Union. Qualitative (thematic) content analysis of this case law will enable the identification and explanation of patterns in the application of conditions governing the liability of private regulators.

The project is funded under the VENI Innovational Research Incentives Scheme of the Netherlands Organisation for Scientific Research (NWO).

Publications within this project

Past projects

Enforcing Private Regulation

This project aimed to analyze the mechanisms through which compliance with private regulation is enforced. The foundation of this project was laid by my PhD research (European University Institute, Florence) between 2008-2012, which lead to the publication of the monograph Enforcing Transnational Private Regulation (Edward Elgar 2014). From this research several other publications followed, focusing on the role contract and tort law play in enforcing compliance with private regulatory standards, as well as public regulatory agencies.

Publications within this project

Media appearance