ElectronicjournalofcomparatiVeLa,vol.9.1(january2005),<http://www.ejcl.org alia with a view to ensuring legal certainty and equality These requirements must also be considered to apply to the european legal system Given that this system is founded on the principle of conferred powers, the intention was expressly not to endow it with general competence to act, and consequently the Treaty provisions indicate when the Community may act, by what institution, in what form and accord ing to what procedures. This principle thus functions as the Community principle of legality and emphasises the limits and control of state power. As such, it reflects the classical rather formal and procedural, conception of the rule of law, which puts the legitimacy of government action on a par with the legality thereof Yet, like in the national legal contexts there has been a shift also in the european legal context from such a classical, liberal conception of the rule of law to a more democratic and social conception, in which the realisation and protection of general principles of law and undamental rights have increasingly gained attention. Various authors have spoken in this respect of ensuring social legitimacy, 40 of legitimacy granted by the rule of lawI and substantive legitimacy. 42 Pescatore asserts that true, substantive legitimacy ensues from the dequate performance of the functions of government; legitimate power is understood to be the power that responds best to the expectations and needs of the public and that is capable of resolving the problems affecting it, i.e. that is best for the general interest. I too understand itimacy in this broad way, which can in particular be said to imply the duty to ensure good ernance,demanding compliance with principles such as legal certainty, equality and Imate expectations. 43 3. The legal framework for European self-regulation and co-regulation Given the increasing references to the use of self-regulation and co-regulation at the European level, the first question that arises is how self-regulation and co-regulation should be conceptualised here(subsection 3. 1). Starting from this conceptualisation, some important manifestations of European self-regulation and co-regulation that have occurred up to now can be considered and the specific legal framework, if any, in which they occurred in particular, on what legal foundation, under what cond itions and control mechanisms they occurred(subsection 3. 2). Next, the questions whether a general legal framework for this use is desirable and what action has been taken in this respect will be dealt with(subsection 3. 3) This issue will also be considered from the point of view of legitimacy, by looking at the safeguards that have been created in this regard J. Weiler, "Problems of Legit macy in Post 1992 Europe, Aussemwirtschaft 46 (1991), 415-416 Intema.M. Fernandez Esteban, The Rule of Law in the European Constitution(The Hague letc. ] Kluwer Law national, 1999), pp. 180-181 Pescatore(1974), supra note 38, p 507 The insertion of the Charter of Fundamental Rights of the European Union into the Treaty esta blishing a Constitution for Europe, thereby giving it legally binding status, also reflects this shift to a more democratic and social conception of the rule of lawElectronic Journal of Comparative Law, vol. 9.1 (January 2005), <http://www.ejcl.org/> 10 alia with a view to ensuring legal certainty and equality. These requirements must also be considered to apply to the European legal system. Given that this system is founded on the principle of conferred powers, the intention was expressly not to endow it with general competence to act, and consequently the Treaty provisions indicate when the Community may act, by what institution, in what form and according to what procedures. This principle thus functions as the Community principle of legality and emphasises the limits and control of state power. As such, it reflects the classical, rather formal and procedural, conception of the rule of law, which puts the legitimacy of government action on a par with the legality thereof. Yet, like in the national legal contexts there has been a shift also in the European legal context from such a classical, liberal conception of the rule of law to a more democratic and social conception, in which the realisation and protection of general principles of law and fundamental rights have increasingly gained attention. Various authors have spoken in this respect of ensuring social legitimacy,40 of legitimacy granted by the rule of law41 and substantive legitimacy.42 Pescatore asserts that true, substantive legitimacy ensues from the adequate performance of the functions of government; legitimate power is understood to be the power that responds best to the expectations and needs of the public and that is capable of resolving the problems affecting it, i.e. that is best for the general interest. I too und erstand legitimacy in this broad way, which can in particular be said to imply the duty to ensure good governance, demanding compliance with principles such as legal certainty, equality and legitimate expectations.43 3. The legal framework for European self-regulation and co-regulation Given the increasing references to the use of self-regulation and co-regulation at the European level, the first question that arises is how self-regulation and co-regulation should be conceptualised here (subsection 3.1). Starting from this conceptualisation, some important manifestations of European self-regulation and co-regulation that have occurred up to now can be considered and the specific legal framework, if any, in which they occurred; in particular, on what legal foundation, under what conditions and control mechanisms they occurred (subsection 3.2). Next, the questions whether a general legal framework for this use is desirable and what action has been taken in this respect will be dealt with (subsection 3.3). This issue will also be considered from the point of view of legitimacy, by looking at the safeguards that have been created in this regard. 40 J. Weiler, ‘Problems of Legitimacy in Post 1992 Europe’, Aussenwirtschaft 46 (1991), 415-416. 41 M. Fernández Esteban, The Rule of Law in the European Constitution (The Hague [etc.]: Kluwer Law International, 1999), pp. 180-181. 42 Pescatore (1974), supra note 38, p. 507. 43 The insertion of the Charter of Fundamental Rights of the European Union into the Treaty establishing a Constitution for Europe, thereby giving it legally binding status, also reflects this shift to a more democratic and social conception of the rule of law