EU Law and outsourcing rulemaking powers via dynamic referrals

The third panel shifts the attention to outsourcing rulemaking powers on the supranational (EU) level. Under WTO law and several trade agreements, the EU public actor undertakes to base its product regulations on existing international standards. To that end, various pieces of EU law exclusively and dynamically refer to private international standards such as ISO standards. Exclusive references to ISO standards in EU law inherently are dynamic since ISO standards are updated every three to five years while keeping the same number. Once the number is anchored into a piece of legislation, it is set in stone, although ISO technical committees might substantially amend it at a later date. Against this background, this paper discusses the resulting risk of unlawful delegation of powers from the EU public actor to the ISO in light of constitutional limits and the doctrine of delegation in EU law.