Maximum harmonisation is a term used inEU law.
If a piece of law (usually adirective but occasionally also aregulation) is described as maximum harmonisation, national law may not exceed the terms of the legislation.[1] In practice, that prohibitsgold-plating of EU legislation when it is transposed into national law.
It may also result in the repeal or amendment of existing national law, such as the effect of theUnfair Commercial Practices Directive on the BritishTrade Descriptions Act 1968.
Traditionally it was fairly uncommon for European legislation to be drafted on such a basis. However,deregulation has risen in the political agenda in the EU, as have concerns that member states occasionally use the national implementation of EU law as an opportunity to indulge in backdoorprotectionism.
It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation andminimum harmonisation clauses.
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