The paper aims at analyzing the phenomena of gold-plating and ‘spontaneous’ harmonization, two legislative techniques that provide new ‘lenses’ to read and better understand the current relationship between EU law and national law and, more precisely, the impact of ‘Community’ law on national legislation. For this purpose, the paper first reconstructs the definitions of these two concepts and then analyses their effects, in particular on the extension of the scope of EU law. Subsequently, it inspects the reasons why the Italian legislator uses these two legislative techniques and the main areas in which they occur. On the basis of these analyses, the paper, by comparing the two phenomena, outlines the features and contradictions of the relationship between legal systems and tries to reflect on how EU law is currently integrated into national law.
Il gold-plating e l’armonizzazione “spontanea”, due tecniche legislative a confronto / C. Burelli. - In: RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO. - ISSN 1121-404X. - 32:5-6(2022), pp. 617-689.
Il gold-plating e l’armonizzazione “spontanea”, due tecniche legislative a confronto
C. Burelli
Primo
2022
Abstract
The paper aims at analyzing the phenomena of gold-plating and ‘spontaneous’ harmonization, two legislative techniques that provide new ‘lenses’ to read and better understand the current relationship between EU law and national law and, more precisely, the impact of ‘Community’ law on national legislation. For this purpose, the paper first reconstructs the definitions of these two concepts and then analyses their effects, in particular on the extension of the scope of EU law. Subsequently, it inspects the reasons why the Italian legislator uses these two legislative techniques and the main areas in which they occur. On the basis of these analyses, the paper, by comparing the two phenomena, outlines the features and contradictions of the relationship between legal systems and tries to reflect on how EU law is currently integrated into national law.File | Dimensione | Formato | |
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