The European Telecommunication Standards Institute (ETSI): in search for legitimacy and resilience of European standardisation.

Abstract

European standardisation, a key institution for the functioning of the EU single market, functions at the crossroads of private rule-making and public policy. Recently, it has been subjected to fierce scrutiny by the European Commission and the European Court of Justice. Expressed concerns relate to the legal value of standards and the legitimacy of institutions creating them but have broader implications for European competitiveness, highlighting the strategic role of standards. By far much of this critique has been directed towards the European Telecommunications Standards Institute (ETSI), the EU's crown jewel of technology standardisation. ETSI's normative power manifests itself in policymaking, legislation and market processes, rendering it an interesting organisation to study as a proxy to understand the legitimacy and resilience of European standardisation. Against this backdrop, this introduction sets the theoretical and legal context for this Special Issue. Upon discussing the background and dynamic of European standardisation, it provides a theoretical framework for 'crises' and 'legitimacy', tailoring it to the particular case of ETSI and the challenges it faces at the policy and judicial level. Lastly, it provides a critical reflection on the Research Articles in this Special Issue, linking them to the current discourses on legitimacy and resilience.