Gold-plating of EU Law in the Czech Republic Revisited

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 implem...

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Main Author: Král Richard
Format: Article
Language:English
Published: Sciendo 2024-04-01
Series:Wroclaw Review of Law, Administration and Economics
Subjects:
Online Access:https://doi.org/10.2478/wrlae-2022-0021
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author Král Richard
author_facet Král Richard
author_sort Král Richard
collection DOAJ
description 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.
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spelling doaj-art-1471b5f8105f45779c33c1a7bc37342b2025-02-10T13:26:27ZengSciendoWroclaw Review of Law, Administration and Economics2084-12642024-04-01141395110.2478/wrlae-2022-0021Gold-plating of EU Law in the Czech Republic RevisitedKrál Richard0Professor, Department of European Law, Faculty of Law, Charles University in Prague, Member of the Legislative Council of the Czech Government.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.https://doi.org/10.2478/wrlae-2022-0021concept of gold-platingeu lawgold-plating in czechiajustification of gold-platingriatypology of gold-plating
spellingShingle Král Richard
Gold-plating of EU Law in the Czech Republic Revisited
Wroclaw Review of Law, Administration and Economics
concept of gold-plating
eu law
gold-plating in czechia
justification of gold-plating
ria
typology of gold-plating
title Gold-plating of EU Law in the Czech Republic Revisited
title_full Gold-plating of EU Law in the Czech Republic Revisited
title_fullStr Gold-plating of EU Law in the Czech Republic Revisited
title_full_unstemmed Gold-plating of EU Law in the Czech Republic Revisited
title_short Gold-plating of EU Law in the Czech Republic Revisited
title_sort gold plating of eu law in the czech republic revisited
topic concept of gold-plating
eu law
gold-plating in czechia
justification of gold-plating
ria
typology of gold-plating
url https://doi.org/10.2478/wrlae-2022-0021
work_keys_str_mv AT kralrichard goldplatingofeulawintheczechrepublicrevisited