A Hybrid within a Hybrid: Contextualizing REACH in the Process of European Integration and Constitutionalization

European Journal of Risk Regulation, Vol. 1, No. 4, pp. 383-396, 2010

24 Pages Posted: 15 Dec 2011 Last revised: 12 Jan 2016

Date Written: December 14, 2011

Abstract

REACH is a hybrid which from a legal as well as an organizational perspective combines hierarchy and heterarchy. Such hybridity is however not a particular feature of REACH. Rather the EU itself must be understood as a hybrid, thereby making REACH a hybrid operating within a hybrid. The hybrid structure of REACH reflects its societal function which is to simultaneously separate and combine politics, science, economy, health and the environment within a single legal framework. The legitimacy of REACH reflects its hybrid structure in the sense that it is based on a combination of democratic, procedural and deliberative components.

Keywords: chemicals regulation, REACH, democracy, proceduralisation, risk regulation, rule of law, European Union

Suggested Citation

Kjaer, Poul F., A Hybrid within a Hybrid: Contextualizing REACH in the Process of European Integration and Constitutionalization (December 14, 2011). European Journal of Risk Regulation, Vol. 1, No. 4, pp. 383-396, 2010. Available at SSRN: https://ssrn.com/abstract=1972303

Poul F. Kjaer (Contact Author)

Copenhagen Business School ( email )

Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark

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