Public-Private Hybrid Governance for Electronic Payments in the European Union

German Law Journal, Vol. 13, Issue 12, pp. 1435-1455

Posted: 17 Dec 2012

See all articles by Agnieszka Janczuk-Gorywoda

Agnieszka Janczuk-Gorywoda

Tilburg Law and Economics Center (TILEC); Tilburg University Law School

Date Written: 2012

Abstract

This contribution illustrates the evolution of the Single Euro Payments Area (SEPA) as a form of European hybrid governance. The hybridity of SEPA is conceived in terms of interaction between traditional hard law, soft law and privately produced rules. The public and private systems of rules – public in the form of European directives and regulations and private in the form of multilateral agreements among payment service providers – coexist and mutually shape the structure of the European payments system. These two systems of rules have formally been produced in independent rule-making processes and by discrete rule-makers – public and private respectively. However, public actors have exercised a considerable amount of influence over the private rules. They have done so through informal, yet systematized interactions with private actors and through a series of soft laws. And vice versa, private rule-makers and privately-produced rules substantially have affected the content of public rules. The question to be asked is whether this public-private hybrid governance structure is good governance.

Keywords: European governance, European law, hybrid governance, hybrid law, payments law, Single Euro Payments Area (SEPA), Payments Services Directive, private regulation, public-private divide

Suggested Citation

Janczuk-Gorywoda, Agnieszka, Public-Private Hybrid Governance for Electronic Payments in the European Union (2012). German Law Journal, Vol. 13, Issue 12, pp. 1435-1455, Available at SSRN: https://ssrn.com/abstract=2190141

Agnieszka Janczuk-Gorywoda (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Tilburg University Law School ( email )

Tilburg, 5000 LE
Netherlands

HOME PAGE: http://https://www.tilburguniversity.edu/webwijs/show/?uid=a.a.janczuk

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