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On the gold-plating in the Czech transposition context

Publication at Faculty of Law |
2015

Abstract

The article defines and explicates the concept of gold-plating, i.e. non-minimalistic transposition of EU directives. It describes its typical manifestations in legislative practice and elaborates when and why it should be avoided.

It is submitted in the article that the Czech methodological transposition guidelines and RIA methodology insufficiently deal with the issue of gold-plating. Therefore, the article seeks to propose amendments to the relevant Czech methodology so as to limit the occurrence of unjustified gold-plating in Czech legislation.