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Unnecessarily overburdening transposition of EU directives - unjustified gold-plating in the Czech Republic

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2014

Abstract

The study deals with the issue of unnecessarily overburdening transposition of EU directives - unjustified gold-plating. Such gold-plating arises when an EU Member State transposes a directive in a way that exceeds its minimum requirements, and when this leads to unjustifiable regulatory overburdening of businesses and individuals.

The principal aim of the study is to provide comprehensive comparative analysis of the issue of unjustified gold-plating in the Czech Republic. The analysis of the issue focuses on its conceptual and theoretical underpinning and its regulation in transposition methodology and guidance.

Drawing upon this comprehensive analysis, the study seeks to propose amendments to the Czech general transposition guidelines and the RIA methodology so as to limit the occurrence of unjustified gold-plating in Czech legislation.