|
In relation to the European Union, harmonisation of law (or simply "harmonisation") is the process of creating common standards across the internal market. Though each EU member State has the primary responsibility for the regulation of most matters within their jurisdiction and consequently each has its own laws. Harmonisation aims to: * create consistency of laws, regulations, standards and practices, so that the same rules will apply to businesses that operate in more than one member State, and so that the businesses of one State do not obtain an economic advantage over those in another as a result of different rules. * reduced compliance and regulatory burdens for businesses operating nationally or trans-nationally. An objective of the European Union to achieve uniformity in laws of member states is to facilitate free trade and protect citizens.〔Peter E Nygh, Peter Butt (ed). (1997). ‘’Butterworth Australian LEGAL Dictionary’’. page 543〕 Harmonisation is a process of ascertaining the admitted limits of international unification but does not necessarily amount to a vision of total uniformity.〔Menski, W. (2005). ‘’Comparative Law in a Global Context’’. London: Cambridge University Press. page 39〕 ==Characteristics of harmonisation== Harmonisation is usually not comprehensive but is relatively partial. That is, harmonisation of law doesn’t seek to create a sole authority of law on a particular subject. This is because measures to harmonise law cannot go further than that which is necessary.〔Hesselink, M. The Ideal of Codification and the Dynamics of Europeanisation: The Dutch Experience in the book by Vogenauer, S and Weatherill, S (ed). (2006). ‘’The Harmonization of European Contract Law Implications for European Private Laws, Business and Legal Practice’’. Oxford and Portland, Oregon: Hart Publishing. Page 49〕 Harmonisation is unsystematic. The directives of the European Union do not focus on or contain comprehensive regulation of the entire law. The directives regulate some very specific issues and they regulate them only for particular situations or circumstances and only for particular types of parties. This is most prevalent in European Union contract law.〔Hesselink, M. The Ideal of Codification and the Dynamics of Europeanisation: The Dutch Experience in the book by Vogenauer, S and Weatherill, S (ed). (2006). ‘’The Harmonization of European Contract Law Implications for European Private Laws, Business and Legal Practice’’. Oxford and Portland, Oregon: Hart Publishing. Page 50〕 Harmonisation generally takes place on two levels of governance, the overarching body and each of the members individually. Taking the European Union, the two levels are the European level and national level. Although both European and national legislators share the legislative responsibilities, neither of these bodies has final responsibility for the whole. Also, there is no superior political authority which has the final say on who is responsible for what, i.e. no overarching authority over the European and national legislators. The European Court of Justice may however determine the extent of harmonization when determining cases.〔 Harmonisation is dynamic and this is its most appealing feature. The instruments of harmonization aim at change, in particular improving and establishing consistent conditions for the operation of legal principles.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Harmonisation of law」の詳細全文を読む スポンサード リンク
|