Gold-Plating: Context and Problematics

This paper aims to address how gold-plating is a complex concept that designates plural situations where the implementation of the European Union legislation by the Member State exceeds what the legal act requires when the law internally approved surpasses the material, the personal, temporal or the territorial scope of the Directive, jeopardizing the legislative harmonization underlining the European Lawmaker’s intentions. The problem can also be verified when the legislator is not observing rules enforced by international treaties that must be respected nationally. Consequently, this “overregulation” can impact the Public Administration, the private sector (market), and citizens, imposing burdens and costs that were not envisaged by the primary legislation.