‘Gold Plating’ of European Environmental Measures?

18 Pages Posted: 11 Oct 2009 Last revised: 22 Jun 2013

See all articles by Jan H. Jans

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

L. Squintani

University of Groningen - Department of European and Economic Law, Faculty of Law

Alexandra Aragão

Faculty of Law of the University of Coimbra (Portugal)

Richard Macrory

affiliation not provided to SSRN

Bernhard W. Wegener

University of Erlangen-Nuremberg-Friedrich Alexander Universität Erlangen Nürnberg

Date Written: October 8, 2009

Abstract

Minimum harmonization in European environmental law essentially means that the Member States have the power to lay down more stringent standards in this area of regulation than those laid down by European legislation. However, there are indications which seem to suggest that Member States make very little use of their powers to lay down or maintain more stringent national standards. The general question to be dealt with in this paper is whether Member States actually use their power to lay down or maintain more stringent environmental standards after European harmonization. Based upon the papers and discussion at the meeting of the Avosetta Group of European Environmental Lawyers in Monção (Portugal), 6 and 7th February 2009, this paper aims to paint an impressionist picture of the contemporary practice of gold plating (or not) in the Member States.

Keywords: gold plating, minimum harmonisation, national toppings

Suggested Citation

Jans, Jan H. and Squintani, Lorenzo and Aragão, Alexandra and Macrory, Richard and Wegener, Bernhard W., ‘Gold Plating’ of European Environmental Measures? (October 8, 2009). Available at SSRN: https://ssrn.com/abstract=1485386 or http://dx.doi.org/10.2139/ssrn.1485386

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

Lorenzo Squintani

University of Groningen - Department of European and Economic Law, Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
9700 AS Groningen
Netherlands
0031(0)503635692 (Phone)
0031(0)503637250 (Fax)

Alexandra Aragão

Faculty of Law of the University of Coimbra (Portugal) ( email )

Pátio das Escolas
Coimbra, 3004-545
Portugal

Richard Macrory

affiliation not provided to SSRN

Bernhard W. Wegener

University of Erlangen-Nuremberg-Friedrich Alexander Universität Erlangen Nürnberg ( email )

Schloßplatz 4
DE Bavaria 91054
Germany

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