Does the UK government embellish, or “gold-plate”, EU legislation?
In 2005 the government asked Lord Davidson QC to examine the UK’s European-sourced legislation, to identify areas where there might be an unnecessary regulatory burden. His report concluded that there was some room for improvement, so further guidance was issued to departments, emphasising the need to ensure that any new legislation did not encumber its users any more than was necessary. It is UK government policy not to go beyond the minimum requirements of European directives unless there are exceptional circumstances – as justified by a cost-benefit analysis and extensive consultation with stakeholders. What penalties can the EU impose if member states defy EU law? Unlike domestic legislation, there is a real and binding imperative to meet the Commission’s time scales for implementation. So even before the measure is adopted, departments will have started thinking about a project plan for implementation, including key dates by which consultations must have been completed. Failure to
