Maximum harmonisation
Encyclopedia
Maximum harmonisation is a term used in European Union law
.
If a piece of law (usually a directive
, but also a regulation
on occasion), is described as maximum harmonisation, that means that national law may not exceed the terms of the legislation. In practice, this prohibits gold-plating
of European legislation when it is transposed into national law.
It may also result in the repeal or amendment of existing national law; for example the effect of the Unfair Commercial Practices Directive on the UK Trade Descriptions Act 1968
Traditionally it was fairly uncommon for European legislation to be drafted on this basis. However, deregulation
has risen up the political agenda in EU member states, as have concerns that member states occasionally use the national implementation of European law as an opportunity to indulge in backdoor protectionism
.
It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and minimum harmonisation
clauses.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
.
If a piece of law (usually a directive
European Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
, but also a regulation
European Union regulation
A regulation is a legislative act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law...
on occasion), is described as maximum harmonisation, that means that national law may not exceed the terms of the legislation. In practice, this prohibits gold-plating
Gold-plating
Gold-plating is a term relating to European Union law, used particularly in the UK.Gold-plating refers to the practice of national bodies exceeding the terms of European Community directives when implementing them into national law...
of European legislation when it is transposed into national law.
It may also result in the repeal or amendment of existing national law; for example the effect of the Unfair Commercial Practices Directive on the UK Trade Descriptions Act 1968
Trade Descriptions Act 1968
The Trade Descriptions 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on....
Traditionally it was fairly uncommon for European legislation to be drafted on this basis. However, deregulation
Deregulation
Deregulation is the removal or simplification of government rules and regulations that constrain the operation of market forces.Deregulation is the removal or simplification of government rules and regulations that constrain the operation of market forces.Deregulation is the removal or...
has risen up the political agenda in EU member states, as have concerns that member states occasionally use the national implementation of European law as an opportunity to indulge in backdoor protectionism
Protectionism
Protectionism is the economic policy of restraining trade between states through methods such as tariffs on imported goods, restrictive quotas, and a variety of other government regulations designed to allow "fair competition" between imports and goods and services produced domestically.This...
.
It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and minimum harmonisation
Minimum harmonisation
Minimum harmonisation is a term used in European Union law.If a piece of law , is described as minimum harmonisation, that means that it sets a threshold which national legislation must meet...
clauses.