Something old, something new: Czech transposition of disputes under the DSM Directive

Abstract

I would like to thank my supervisor doc. JUDr Matěj Myška, Ph.D., for helpful remarks and for deep and thoughtful suggestions that made all the difference. All errors are my own. The Czech implementation of the DSM Directive1 (the ‘transposition proposal’) had a rather shaky start. The preparation of the draft was entrusted to the Ministry of Culture, which organized several rounds of consultations with 120 stakeholders participating.2 Mostly, consultations took place via email, although there were also two oral hearings that took place in November and December 2019.3 Nevertheless, the resulting transposition proposal, specifically its Regulatory Impact Assessment (the ‘RIA’), was criticized by the Working Commission for Regulatory Impact Assessment of the Legislative Council of the Government of the Czech Republic (the ‘RIA Commission’). The RIA Commission expressed dissatisfaction with several aspects of the proposed RIA. In general, it is found that the transposition proposal lacked...