Gold-plating of EU Law in the Czech Republic Revisited

Král Richard ()
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Král Richard: Professor, Department of European Law, Faculty of Law, Charles University in Prague, Member of the Legislative Council of the Czech Government.

Wroclaw Review of Law, Administration & Economics, 2024, vol. 14, issue 1, 39-51

Abstract: The article first updates the concept and typology of gold-plating of EU law. In this respect, it makes the distinction between various types of gold-plating of EU law and submits that it should now be understood as any national transposition of EU directives as well as any national normative implementation of any other EU legal acts which exceeds the minimum regulatory requirements of the transposed or implemented EU act and which remains within EU legality. Secondly, it provides an updated view of the use of gold-plating in the Czech Republic. It does so by comparing the current gold-plating situation in this Member State with that of a decade ago. This comparison has revealed a predominantly positive development in this area, namely the almost total eradication of inadvertent gold-plating and the consolidation of deliberate justified gold-plating of EU law in Czech legislative practice. Still, the article pleads for some further refinements in the area concerned.

Keywords: concept of gold-plating; EU Law; gold-plating in Czechia; justification of gold-plating; RIA; typology of gold-plating (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:wrolae:v:14:y:2024:i:1:p:39-51:n:1001

DOI: 10.2478/wrlae-2022-0021

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