Rechtsangleichung

Rechtsangleichung is a legal concept referring to the reduction of substantive or procedural differences between legal systems by bringing laws closer together. It is commonly used in contexts of regional integration, international cooperation and comparative law, where the aim is to remove legal obstacles to cross-border activity, increase predictability and promote common standards.

Objectives of Rechtsangleichung include facilitating trade and mobility, protecting rights uniformly, and simplifying cross-border legal relations. Approaches range from soft convergence—such as guidelines, model laws and best-practice recommendations—to binding instruments like directives, regulations and conventions. In the European Union, for example, directives require member states to adapt national legislation to achieve common objectives, while regulations create directly applicable uniform rules; mutual recognition is an alternative mechanism where harmonisation is limited.

Implementation involves legislative change, judicial interpretation and administrative measures. Challenges include respect for national sovereignty, differences in legal traditions and institutions, the risk of regulatory lowest-common-denominator outcomes, and uneven transposition or enforcement. Distinctions are often drawn between approximation (partial alignment), harmonisation (coordinated standards) and unification (creation of a single legal regime).

Rechtsangleichung is a practical tool in international law and policy, used by supranational organizations, treaty bodies and domestic legislatures to reconcile divergent legal frameworks while balancing uniformity with local autonomy.