Private implementation of global and EU administrative law: The case of certification in the climate change regime

Administrative law beyond the state knows a vast participation of private parties in its mechanisms both for rulemaking and for implementation. One of the major private implementation mechanisms used by Global and European administrative law is the certification and accreditation system. In this respect, the climate change regime is of one the fields of reference. On the global level, the Kyoto Protocol makes reference to the certification system. Not only the approval of projects but also the verification of emission reductions of greenhouse gases is being carried out by private companies instead of either national administrations or the global administration itself. The EU law, partly forced by the global level, introduces the certification system in order to guarantee for cost efficiency and accuracy of the emission reductions of greenhouse gases. The Global and European Administrative Law are partly implemented by a common administrative private structure: very often a single body verifies the compliance with the two kinds of obligations. After describing the two systems, the chapter discusses the features of this kind of administration and draws lessons from these legal tools for the elaboration of a common legitimacy model for administrative law beyond the state.