Gold-Plating and Double Banking: An Overrated Problem?
CONTENT AND MEANING OF NATIONAL LAW IN THE CONTEXT OF TRANSNATIONAL LAW, Henk Snijders, and Stefan Vogenauer, eds., pp. 79-88, Sellier European Law Publishers: Munich, 2009
11 Pages Posted: 22 Dec 2008 Last revised: 10 Nov 2009
Date Written: December 19, 2008
In this paper two recent research projects (Davidson Review UK and Europe-Asser Institute Leiden) into over-implementation of EC legislation are confronted. Both studies show that in neither the UK nor the Netherlands over-implementation is a wide-spread or systemic practice. Only a handful of examples are reported in both countries, most of them not very serious or problematic. Businesses and industries that operate throughout Europe seem to suffer more from differentiated implementation in different countries than from over-implementation at home. What the projects do show is that perceptions of over implementation in one's own country and suspected under-implementation in other countries are widespread and tenacious. Avoiding over-implementation even does not guarantee the best result. The paper argues that business and industry in future may have more to gain from comparisons between the way the domestic legislature has implemented EC legislation to that of other member states. Best practices of implementation may prove to be the future goldmines of regulatory reform.
Keywords: over-implementation, gold-plating, double banking, regulatory creep, regulatory reform, cutting red tape, simplification, better regulation
JEL Classification: H10, K10, K20
Suggested Citation: Suggested Citation