Sunday, January 30, 2005

The Harmonization of Legislation

Harmonization of laws is a process whose purpose is to enact into laws by Member States to conform with the principles set out by the Community legislation.

Community acts such as directives may require Member States to adopt new laws or regulations, or to amend existing ones by a certain deadline for implementation to be compatible with the comon market.

Harmonization has a direct effect on the establishing of a functioning common market. The scope of that process includes the attainment of the "four freedoms," i.e., the free movement of goods, persons, services and capital. It also includes agriculture, transport, social affairs and the protection of competition.

Directives aiming at harmonization cover many sectors including environmental protection, motor vehicles such as brakes, doors, headlights, steering wheels,safety bulbs. Other directives covered rules on labeling of produts, packaging, composition, foodstuffs, cosmetics, pharmaceuticals, electrical consumer products, mechanical and weighing equipment.

Failure to implement directives issued by the Community istitutions has consequences. The Court of Justice awarded individuals for damages caused by Member States for not implementing directives issued by the Council or implemented them improperly. we will cover that in further details in the future.

Gabriel Sawma, Esq.


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