Acquis communautaire
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The Community acquis[1] or acquis communautaire (/ˈækiː kəˈmjuːnətɛər/; French: [aˌki kɔmynoˈtɛːʁ]),[2] sometimes called the EU acquis and often shortened to acquis,[2] is the accumulated legislation, legal acts and court decisions that constitute the body of European Union law that came into being since 1993. The term is French: acquis meaning "that which has been acquired or obtained", and communautaire meaning "of the community".[3]
Chapters[edit]
During the process of the enlargement of the European Union, the acquis was divided into 31 chapters for the purpose of negotiation between the EU and the candidate member states for the fifth enlargement (the ten that joined in 2004 plus Romania and Bulgaria which joined in 2007).[4] These chapters were:
- Free movement of goods
- Free movement of persons
- Freedom to provide services
- Free movement of capital
- Company law
- Competition policy
- Agriculture
- Fisheries
- Transport policy
- Taxation
- Economic and Monetary Union
- Statistics
- Social policy and employment
- Energy
- Industrial policy
- Small and medium-sized enterprises
- Science and research
- Education and training
- Telecommunication and information technologies
- Culture and audio-visual policy
- Regional policy and co-ordination of structural instruments
- Environment
- Consumers and health protection
- Cooperation in the field of Justice and Home Affairs
- Customs union
- External relations
- Common Foreign and Security Policy (CFSP)
- Financial control
- Financial and budgetary provisions
- Institutions
- Others
Beginning with the negotiations with Croatia (which joined in 2013), the acquis is split up into 35 chapters instead, with the purpose of better balancing between the chapters:[citation needed] (dividing the most difficult ones into separate chapters for easier negotiation, uniting some easier chapters, moving some policies between chapters, as well as renaming a few of them in the process)
- Free movement of goods
- Freedom of movement for workers
- Right of establishment and freedom to provide services
- Free movement of capital
- Public procurement
- Company law
- Intellectual property law
- Competition policy
- Financial services
- Information society and media
- Agriculture and rural development
- Food safety, veterinary and phytosanitary policy
- Fisheries
- Transport policy
- Energy
- Taxation
- Economic and monetary policy
- Statistics
- Social policy and employment (including anti-discrimination and equal opportunities for women and men)
- Enterprise and industrial policy
- Trans-European networks
- Regional policy and co-ordination of structural instruments
- Judiciary and fundamental rights
- Justice, freedom and security
- Science and research
- Education and culture
- Environment
- Consumer and health protection
- Customs union
- External relations
- Foreign, security and defence policy
- Financial control
- Financial and budgetary provisions
- Institutions
- Other issues
Correspondence between chapters of the 5th and the 6th Enlargement:[citation needed]
5th Enlargement | 6th Enlargement |
---|---|
1. Free movement of goods | 1. Free movement of goods |
7. Intellectual property law | |
2. Free movement of persons | 2. Freedom of movement for workers |
3. Right of establishment and freedom to provide services | |
3. Freedom to provide services | |
9. Financial services | |
4. Free movement of capital | 4. Free movement of capital |
5. Company law | 6. Company law |
6. Competition policy | 8. Competition policy |
5. Public procurement | |
7. Agriculture | 11. Agriculture and rural development |
12. Food safety, veterinary and phytosanitary policy | |
8. Fisheries | 13. Fisheries |
9. Transport policy | 14. Transport policy |
21. Trans-European networks (one half of it) | |
10. Taxation | 16. Taxation |
11. Economic and Monetary Union | 17. Economic and monetary policy |
12. Statistics | 18. Statistics |
13. Social policy and employment | 19. Social policy and employment (including anti-discrimination and equal opportunities for women and men) |
14. Energy | 15. Energy |
21. Trans-European networks (one half of it) | |
15. Industrial policy | 20. Enterprise and industrial policy |
16. Small and medium-sized enterprises | |
17. Science and research | 25. Science and research |
18. Education and training | 26. Education and culture 10. Information society and media |
19. Telecommunication and information technologies | |
20. Culture and audio-visual policy | |
21. Regional policy and co-ordination of structural instruments | 22. Regional policy and co-ordination of structural instruments |
22. Environment | 27. Environment |
23. Consumer and health protection | 28. Consumer and health protection |
24. Cooperation in the field of Justice and Home Affairs | 23. Judiciary and fundamental rights |
24. Justice, freedom and security | |
25. Customs union | 29. Customs union |
26. External relations | 30. External relations |
27. Common Foreign and Security Policy (CFSP) | 31. Foreign, security and defence policy |
28. Financial control | 32. Financial control |
29. Financial and budgetary provisions | 33. Financial and budgetary provisions |
30. Institutions | 34. Institutions |
31. Others | 35. Other issues |
Such negotiations usually involved agreeing transitional periods before new member states needed to implement the laws of the European Union fully and before they and their citizens acquired full rights under the acquis.
Terminology[edit]
The term acquis is also used to describe laws adopted under the Schengen Agreement, prior to its integration into the European Union legal order by the Treaty of Amsterdam, in which case one speaks of the Schengen acquis.[citation needed]
The term acquis has been borrowed by the World Trade Organization Appellate Body, in the case Japan – Taxes on Alcoholic Beverages, to refer to the accumulation of General Agreement on Tariffs and Trade (GATT) and WTO law ("acquis gattien"), though this usage is not well established.[citation needed]
It has been used to describe the achievements of the Council of Europe (an international organisation unconnected with the European Union):[5]
The Council of Europe's acquis in standard setting activities in the fields of democracy, the rule of law and fundamental human rights and freedoms should be considered as milestones towards the European political project, and the European Court of Human Rights should be recognised as the pre-eminent judicial pillar of any future architecture.
It has also been applied to the body of "principles, norms and commitments" of the Organization for Security and Co-operation in Europe (OSCE):[6]
Another question under debate has been how the Partners and others could implement the OSCE acquis, in other words its principles, norms, and commitments on a voluntary basis.
The Organisation for Economic Co-operation and Development (OECD) introduced the concept of the OECD Acquis in its "Strategy for enlargement and outreach", May 2004. [7]
See also[edit]
References[edit]
- ^ "EuroVoc: Community acquis". Eurovoc.europa.eu. Retrieved 21 January 2022.
- ^ a b Collins English Dictionary. "acquis communautaire". Collinsdictionary.com. Retrieved 5 August 2012.
- ^ Rudolf, Uwe Jens; Berg, Warren G. (2010). Historical Dictionary of Malta. Scarecrow Press. p. 22. ISBN 9780810873902.
- ^ "Chapters of the acquis - European Commission". neighbourhood-enlargement.ec.europa.eu. 6 June 2012. Retrieved 12 February 2024.
- ^ Section 12, Parliamentary Assembly of the Council of Europe Resolution 1290
- ^ Intervention by Ambassador Aleksi Härkönen, Permanent Representative of Finland to the OSCE Archived 16 October 2005 at the Wayback Machine, Annual Security Review Conference.
- ^ "ANNEX 1: THE CONCEPT OF THE OECD "ACQUIS": A NOTE BY THE DIRECTORATE FOR LEGAL AFFAIRS" (PDF). Oecd.org. p. 44. Archived (PDF) from the original on 9 October 2022. Retrieved 21 January 2022.
External links[edit]
- EUR-Lex: European Union Law.
- JRC-Acquis, Aligned multilingual parallel corpus: 23,000 Acquis-related texts per language, available in 22 languages. Total size: 1 Billion words.
- Translation Memory of the EU-Acquis: Up to 1 Million translation units each, for 231 language pairs.
and terms
- Acquis communautaire
- Direct applicability
- Direct effect
- European labour law
- European Enforcement Order
- Gold-plating
- Four freedoms
- Home state regulation
- Indirect effect
- Incidental effect
- Minimum harmonisation
- Maximum harmonisation
- Preliminary ruling
- Precautionary principle
- Principle of legal certainty
- Recasting
- Principle of conferral
- Proportionality
- Staatenverbund
- State liability
- Subsidiarity
- Supremacy
- Council Regulation (EC) No. 1206/2001
- Council Regulation (EC) No. 1348/2000
- Customs Regulation 1383/2003
- Regulation (EC) No 261/2004
- EU-Eco-regulation
- Commission Regulation (EC) No. 2257/94
- Commission Regulation (EU) No. 1170/2011
- Customs Regulation 3295/94
- Regulation on roaming charges
- Brussels Regime
- CLP Regulation
- Regulation on Community designs
- Societas Europaea
- European Union System for the Evaluation of Substances
- Commission Regulation (EC) No 474/2006
- REACH
- Rome II Regulation
- Rule of Law Conditionality Regulation
- Good Clinical Practice Directive
- Data Protection Directive
- ATEX directive
- Battery Directive
- Best available technology
- Biocidal Products Directive
- Birds Directive
- Capital Requirements Directives
- Clinical Trials Directive
- Computer Programs Directive
- Conditional Access Directive
- Copyright Duration Directive (93/98/EEC)
- Copyright Term Directive (2006/116/EC)
- Cosmetics Directive
- Dangerous Substances Directive (67/548/EEC)
- Dangerous Preparations Directive
- Data Retention Directive
- Database Directive
- Database right
- Directive 2000/43/EC on Anti-discrimination
- Directive establishing a general framework for equal treatment in employment and occupation
- Information Society Directive (first Copyright directive)
- Directive on Privacy and Electronic Communications
- Directive on the Promotion of the use of biofuels and other renewable fuels for transport
- Directive on the re-use of public sector information
- Directive on Electricity Production from Renewable Energy Sources
- End of Life Vehicles Directive
- CHP Directive
- Directive on the energy performance of buildings
- Directive on the enforcement of intellectual property rights
- Directive 2004/38/EC on the right to move and reside freely
- Environmental liability directive
- European SEA Directive 2001/42/EC
- European units of measurement directives
- Habitats Directive
- Integrated Pollution Prevention and Control
- Internal Market in Electricity Directive
- Landfill Directive
- Directive on the legal protection of biotechnological inventions
- Directive on the legal protection of designs
- Markets in Financial Instruments Directive
- Measuring Instruments Directive
- Medical Devices Directive
- Posted Workers Directive
- Pressure Equipment Directive
- Rental Directive
- Resale Rights Directive
- Restriction of Hazardous Substances Directive
- Satellite and Cable Directive
- Directive on services in the internal market
- Temporary and Agency Work Directive
- Trade Marks Directive
- European Directive on Traditional Herbal Medicinal Products
- Unfair Commercial Practices Directive
- Universal Service Directive
- Urban Waste Water Treatment Directive
- Waste Electrical and Electronic Equipment Directive
- Waste Incineration Directive
- Waste framework directive
- Water Framework Directive
- Working Time Directive
- ECJ Rulings (Caselex): Allonby v Accrington and Rossendale College
- Apostolides v Orams
- Bosman
- Cassis de Dijon
- Chacón Navas v Eurest Colectividades SA
- Chen
- Ciarán Tobin
- Coleman v Attridge Law
- Costa v ENEL
- Factortame
- Francovich
- Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd
- Kolpak
- Microsoft Corp. v. Commission
- Marleasing SA v La Comercial Internacional de Alimentacion SA
- Metock
- Nordsee
- Palacios de la Villa v Cortefiel Servicios SA
- Peter Paul and Others v Bundesrepublik Deutschland
- Procureur du Roi v Dassonville
- Ralf Sieckmann v Deutsches Patent und Markenamt
- Tanja Kreil
- Van Duyn v Home Office
- Van Gend en Loos