Transparency in the transposition of EU Directives: the cases of “nudging“ and “goldplating“
The costs of democratic decision-making processes degrade the relationship between citizens and representatives and diminish transparency. This is becoming more obvious as the EU widens and becomes more eclectic. Legislating through Directives has an upside as Member States keep their leeway in achieving EU goals. We intend to deepen the debate around two very strong subjects connected to the transposition of EU Directives: “nudging“ and “goldplating“. The EU Commission has identified ‘gold plating‘ as a barrier to the single market and has recently reinforced the necessity of accessing the transposition practices by member states to ensure that that EU law remains fit for purpose and works in practice. Nudges, on the other hand, can be a strong tool for legislators as they represent cost-efficient and very adaptive instruments of attaining goals defined in public policies. However, there are strong ethical, legal and political concerns surrounding them which we put to debate.