Vindicating the rule of law’s horizontal dimension: the case of harmonised technical standards in EU law
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Published Version
Date
2026-09-26
Authors
Long, Bernard
Journal Title
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Volume Title
Publisher
European Journal of Legal Studies
Published Version
Abstract
Harmonised technical standards (HTS) have assumed a vital role in European Union (EU) internal market harmonisation since the advent of the New Approach. Though they now enjoy widespread proliferation and affirmative recognition as part of EU law, HTS remain the copyright-protected intellectual property of the private organisations that produce them and are therefore available only for a fee. In this article, I argue that this curious blurring of private and public interests and functions jars with a fundamental principle of the rule of law, namely the necessity of laws’ free availability. In particular, I develop an account of the rule of law’s horizontal dimension, ie, its application to side-to-side relationships between private actors. I argue that this account justifies the profound normative interest of private parties in freely accessing HTS, which impose obligations on other private parties with whom they interact. I then contend that this recognition strongly supports HTS’ free public availability as a core rule-of-law desideratum. Finally, I demonstrate the urgency of this concern with reference to rights-oriented HTS under the AI Act.
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Keywords
rule of law , Harmonised technical standards , Public availability , Internal market , Fuller , [CUBS] , [Law]
Citation
Long, B 2026, 'Vindicating the rule of law’s horizontal dimension: the case of harmonised technical standards in EU law', European Journal of Legal Studies, vol. 18, no. 1, pp. 20-57. https://doi.org/10.2924/EJLS.2026.08