Publication at Faculty of Law |
2021
Abstract
Gold-plating of EU law or, in other words, non-minimalistic implementation of EU law occasionally occurs in the legislative practice of EU Member States. It will be argued in this chapter that Member States should gold-plate EU law only after they have properly identified, considered and weighed the relevant national public interest grounds capable of justifying or offsetting possible regulatory repercussions of gold-plating.
To lay the necessary groundwork for subsequent analysis, the chapter first defines and explains the concept of gold-plating of EU law. It then discusses the public interest, as manifested in particular national public interest grounds, that can be invoked to justify gold-plating with regulatory repercussions.