The legislator may make self-regulation binding, for example by referring to it in legislation, or by stipulating in legislation that one must be a member of a self-regulatory organisation. Self-regulation would then function as legislation and would consequently also become binding on those who have not voluntarily accepted it. Unlike legislation, self-regulation is not drawn up by a democratically elected legislature; serving the public interest is not its guiding principle; and the same drafting procedures are not followed. The requirements imposed on legislation stem from the concept of the democratic rule of law. Where legislation refers to self-regulatory standards, the requirements of the democratic rule of law should also apply. The research indicates that three problems exist in this regard: firstly, this concerns the manner in which, for example, reference is made to self-regulation. Such a reference must be sufficiently narrowly defined. Secondly, self-regulatory standards must be accessible free of charge. This poses a major problem in legislative practice, as many self-regulatory standards are subject to copyright. Finally, it appears that the legislature and legislative practice are insufficiently familiar with the requirements of the democratic rule of law. Imposing a statutory obligation to subscribe is not a viable option due to the limitations set out in Article 11 of the ECHR.
Nard Beurskens was born on 7 April 1995 in Venlo. In 2013, he obtained his VWO diploma at College Den Hulster in Venlo. He subsequently completed a Bachelor’s degree in Law at Radboud University. In 2020, he graduated cum laude with a two-year research-based Master’s degree in Public Law from Radboud University and the University of Groningen, specialising in constitutional and administrative law. During his Master’s programme, Nard worked as a student assistant on three occasions: twice in a teaching role within the Administrative Law Department at Radboud University, and once as a researcher within the Constitutional Law, Administrative Law and Public Administration Department at the University of Groningen. On 1 May 2020, Nard began his PhD programme and took up a teaching post within the Administrative Law Department at Radboud University. He is currently working as a university lecturer in the same department.