Maximum harmonisation is a term used in European Union law. The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...
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. The legislative acts of the European Union (EU) can have different forms: regulations, directives, decisions, recommendations and opinions. ... Gold-plating is a term relating to European Union law, used particularly in the UK. Gold-plating refers to the practise of national bodies exceeding the terms of European Community directives when implementing them 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. Deregulation is the process by which governments remove selected regulations on business in order to (in theory) encourage the efficient operation of markets. ... Protectionism is the economic policy of relying on tariffs for government revenue in order to reduce or eliminate other forms of taxation, such as income and sales taxes. ...
It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and minimum harmonisation clauses. Minimum harmonisation is a term used in European Union law. ...
This is a review of the recent case in which the ECJ explored the notion of maximumharmonisation.
Holding, however, that the Directive was meant to be an instrument of maximumharmonisation, it followed that the general authorisation procedure laid down in Chapter 1 of the Directive had to be applied.
Harmonisation of authorisation procedures eliminates hindrances to trade in medicinal products between the Member States, and at the same time it may secure consumer protection by, in accordance with Article 95(3) EC, taking as a basis a high level of protection of health.
Maximumharmonisation 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 maximumharmonisation, that means that national law may not exceed the terms of the legislation.
It is quite common for a directive or recommendation to consist of a mixture of maximumharmonisation and minimum harmonisation clauses.
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