Editing Maximum harmonisation

{{Short description|Term used in EU law}}
'''Maximum harmonisation''' is a term used in [[European Union law|EU law]].

If a piece of law (usually a [[directive (European Union)|directive]] but occasionally also a [[regulation (European Union)|regulation]]) is described as maximum harmonisation, national law may not exceed the terms of the legislation.<ref name="EUR-Lex">{{cite web|title=l14527 - EN - EUR-Lex|url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=uriserv%3Al14527|access-date=2021-01-27|website=EUR-Lex|language=}}</ref>  In practice, that prohibits [[gold-plating (EU law)|gold-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 the [[Unfair Commercial Practices Directive 2005|Unfair Commercial Practices Directive]] on the British [[Trade 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 backdoor [[protectionism]].

It is quite common for a directive or recommendation to consist of a mixture of maximum harmonisation and [[minimum harmonisation]] clauses.

==References==
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[[Category:European Union law]]