Gold-plating (European Union Law)
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Gold-plating (European Union Law)
Gold-plating is a term used to characterise the process whereby the powers of an EU directive are extended when being transposed into the national laws of a member state. In an operational study relating to the European Agricultural Fund for Rural Development, the European Commission treats gold-plating as a source of interference with policy outcomes, defining gold-plating as "an excess of norms, guidelines and procedures accumulated at national, regional and local levels, which interfere with the expected policy goals to be achieved by such regulation". Business lobbyists generally argue against gold-plating, because additional regulation tends to raise costs for businesses, but there are a few companies who stand to benefit from it. In case of gold-plating, the European Court of Justice does in fact have jurisdiction to interpret EU law, even if the case at hand is not directly governed by EU law. Examples The UK Department for Business, Innovation and Skills gave the Agency ...
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Directive (European Union)
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a ...
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Agency Workers Regulations 2010
The Agency Workers Regulations 2010SI 2010/93 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work. It gives effect in UK law to the European Union's Temporary and Agency Workers Directive. Background The AWD 2010 was the culmination of a succession of attempts to get rights for agency workers. A previous proposal, the Temporary and Agency Workers (Equal Treatment) Bill 2008, was introduced in the British parliament, designed to secure equal pay and terms for working time between vulnerable agency workers and their permanent staff counterparts. It has now been superseded (though is in all material respects identical) by the Temporary and Agency Workers Directive2008/104/EC) which the UK was required to implement by December 2011 ...
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Minimum Harmonisation
Minimum harmonisation is a term used in European Union law. Minimum harmonisation describes a piece of law (usually a directive but occasionally a regulation) that sets a threshold national legislation must meet. EU Member State national legislation may exceed the terms of minimum harmonisation law. Much EU legislation has been implemented on a minimum harmonization basis as it can be easier to reach agreement, allowing existing EU Member State national legislation on issues such as consumer protection or the environment to remain in place. In more recent years, the burden of EU law has led to calls for deregulation and accusations that some member states indulge in protectionism when implementing directives into EU Member State national law by gold-plating. Therefore, on the opposite end of the regulation spectrum, a growing minority of EU law contains maximum harmonisation Maximum harmonisation is a term used in EU law. If a piece of law (usually a directive but occasion ...
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Neil Davidson, Baron Davidson Of Glen Clova
Neil is a masculine name of Gaelic and Irish origin. The name is an anglicisation of the Irish ''Niall'' which is of disputed derivation. The Irish name may be derived from words meaning "cloud", "passionate", "victory", "honour" or "champion".. As a surname, Neil is traced back to Niall of the Nine Hostages who was an Irish king and eponymous ancestor of the Uí Néill and MacNeil kindred. Most authorities cite the meaning of Neil in the context of a surname as meaning "champion". Origins The Gaelic name was adopted by the Vikings and taken to Iceland as ''Njáll'' (see Nigel). From Iceland it went via Norway, Denmark, and Normandy to England. The name also entered Northern England and Yorkshire directly from Ireland, and from Norwegian settlers. ''Neal'' or ''Neall'' is the Middle English form of ''Nigel''. As a first name, during the Middle Ages, the Gaelic name of Irish origins was popular in Ireland and later Scotland. During the 20th century ''Neil'' began to be used in Engl ...
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Conservative – Liberal Democrat Coalition Agreement
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in which it appears. In Western culture, conservatives seek to preserve a range of institutions such as organized religion, parliamentary government, and property rights. Conservatives tend to favor institutions and practices that guarantee stability and evolved gradually. Adherents of conservatism often oppose modernism and seek a return to traditional values, though different groups of conservatives may choose different traditional values to preserve. The first established use of the term in a political context originated in 1818 with François-René de Chateaubriand during the period of Bourbon Restoration that sought to roll back the policies of the French Revolution. Historically associated with right-wing politics, the term has since ...
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Maximum Harmonisation
Maximum harmonisation is a term used in EU law. If a piece of law (usually a directive but occasionally also a regulation) is described as maximum harmonisation, national law may not exceed the terms of the legislation. In practice, that prohibits gold-plating of EU legislation when it is transposed into national law. It may also result in the repeal or amendment of existing national law, such as the effect of the Unfair Commercial Practices Directive on the British Trade Descriptions Act 1968. Traditionally it was fairly uncommon for European legislation to be drafted on such a basis. However, deregulation has risen in the political agenda in the EU, as have concerns that member states occasionally use the national implementation of EU law as an opportunity to indulge in backdoor protectionism Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported ...
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Lisbon Strategy
The Lisbon Strategy, also known as the Lisbon Agenda or Lisbon Process, was an action and development plan devised in 2000, for the economy of the European Union between 2000 and 2010. A pivotal role in its formulation was played by the Portuguese economist Maria João Rodrigues. Its aim was to make the EU "the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion", by 2010. It was set out by the European Council in Lisbon in March 2000. By 2010, most of its goals were not achieved. It has been succeeded by the Europe 2020 strategy. Background and objectives The Lisbon Strategy intended to deal with the low productivity and stagnation of economic growth in the EU, through the formulation of various policy initiatives to be taken by all EU member states. The broader objectives set out by the Lisbon strategy were to be attained by 2010. It was adopted for a ten-year period in 2 ...
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Deregulation
Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a result of new trends in economic thinking about the inefficiencies of government regulation, and the risk that regulatory agencies would be controlled by the regulated industry to its benefit, and thereby hurt consumers and the wider economy. Economic regulations were promoted during the Gilded Age, in which progressive reforms were claimed as necessary to limit externalities like corporate abuse, unsafe child labor, monopolization, pollution, and to mitigate boom and bust cycles. Around the late 1970s, such reforms were deemed burdensome on economic growth and many politicians espousing neoliberalism started promoting deregulation. The stated rationale for deregulation is often that fewer and simpler regulations will lead to raised level ...
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The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was founded by Arthur B. Sleigh in 1855 as ''The Daily Telegraph & Courier''. Considered a newspaper of record over ''The Times'' in the UK in the years up to 1997, ''The Telegraph'' generally has a reputation for high-quality journalism, and has been described as being "one of the world's great titles". The paper's motto, "Was, is, and will be", appears in the editorial pages and has featured in every edition of the newspaper since 19 April 1858. The paper had a circulation of 363,183 in December 2018, descending further until it withdrew from newspaper circulation audits in 2019, having declined almost 80%, from 1.4 million in 1980.United Newspapers PLC and Fleet Holdings PLC', Monopolies and Mergers Commission (1985), pp. 5–16. Its si ...
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Department For Business, Innovation And Skills
, type = Department , logo = Department for Business, Innovation and Skills logo.svg , logo_width = 200px , logo_caption = , picture = File:Лондан. 2014. Жнівень 26.JPG , seal = , seal_width = , seal_caption = , formed = 5 June 2009 , , preceding1 = Department for Business, Enterprise and Regulatory Reform Department for Innovation, Universities and Skills , dissolved = 14 July 2016 , superseding = Department for Business, Energy and Industrial Strategy; Department for International Trade , jurisdiction = United Kingdom , headquarters = 1, Victoria Street, London , employees = , budget = £16.5 billion (current) and £1.3 billion (capital) for 2011-12 , minister1_name = , minister1_pfo = , chief1_name = , chief1_position = , chief2_name = , chief2_position = , child1_agency = Companies House , child2_agency = HM Land Registry , child3_age ...
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Transposition (law)
In European Union law, transposition is a process by which the European Union's member states give force to a directive by passing appropriate implementation measures. Transposition is typically done by either primary legislation or secondary legislation. The European Commission closely monitors that transposition is timely, correctly done and implemented, so as to attain the results intended. Incorrect transposition may be the result of non acting (leaving aside certain provisions), diverging (other scope, definition or requirement), " gold-plating" (exceeding the requirements of the directive), "double-banking" (overlapping between existing national laws and the transposed directive), or "regulatory creep" (overzealous enforcement or a state of uncertainty in the status of the regulation). The European Commission may bring a case in the European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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