Maximum harmonisation
From Wikipedia, the free encyclopedia
Maximum harmonisation is a term used in European Union law.
If a piece a 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.
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.
