Acquis communautaire explained

The Community acquis[1] or acquis communautaire (; pronounced as /fr/),[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

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:

  1. Free movement of goods
  2. Free movement of persons
  3. Freedom to provide services
  4. Free movement of capital
  5. Company law
  6. Competition policy
  7. Agriculture
  8. Fisheries
  9. Transport policy
  10. Taxation
  11. Economic and Monetary Union
  12. Statistics
  13. Social policy and employment
  14. Energy
  15. Industrial policy
  16. Small and medium-sized enterprises
  17. Science and research
  18. Education and training
  19. Telecommunication and information technologies
  20. Culture and audio-visual policy
  21. Regional policy and co-ordination of structural instruments
  22. Environment
  23. Consumers and health protection
  24. Cooperation in the field of Justice and Home Affairs
  25. Customs union
  26. External relations
  27. Common Foreign and Security Policy (CFSP)
  28. Financial control
  29. Financial and budgetary provisions
  30. Institutions
  31. 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: (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)

  1. Free movement of goods
  2. Freedom of movement for workers
  3. Right of establishment and freedom to provide services
  4. Free movement of capital
  5. Public procurement
  6. Company law
  7. Intellectual property law
  8. Competition policy
  9. Financial services
  10. Information society and media
  11. Agriculture and rural development
  12. Food safety, veterinary and phytosanitary policy
  13. Fisheries
  14. Transport policy
  15. Energy
  16. Taxation
  17. Economic and monetary policy
  18. Statistics
  19. Social policy and employment (including anti-discrimination and equal opportunities for women and men)
  20. Enterprise and industrial policy
  21. Trans-European networks
  22. Regional policy and co-ordination of structural instruments
  23. Judiciary and fundamental rights
  24. Justice, freedom and security
  25. Science and research
  26. Education and culture
  27. Environment
  28. Consumer and health protection
  29. Customs union
  30. External relations
  31. Foreign, security and defence policy
  32. Financial control
  33. Financial and budgetary provisions
  34. Institutions
  35. Other issues

Correspondence between chapters of the 5th and the 6th Enlargement:

5th Enlargement6th Enlargement
1. Free movement of goods1. Free movement of goods 
7. Intellectual property law 
2. Free movement of persons2. 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 capital4. Free movement of capital 
5. Company law6. Company law 
6. Competition policy8. Competition policy 
5. Public procurement 
7. Agriculture11. Agriculture and rural development 
12. Food safety, veterinary and phytosanitary policy 
8. Fisheries13. Fisheries 
9. Transport policy14. Transport policy 
21. Trans-European networks (one half of it) 
10. Taxation16. Taxation 
11. Economic and Monetary Union17. Economic and monetary policy 
12. Statistics18. Statistics 
13. Social policy and employment19. Social policy and employment
(including anti-discrimination and equal opportunities for women and men) 
14. Energy15. Energy 
21. Trans-European networks (one half of it) 
15. Industrial policy20. Enterprise and industrial policy 
16. Small and medium-sized enterprises 
17. Science and research25. Science and research 
18. Education and training26. 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 instruments22. Regional policy and co-ordination of structural instruments 
22. Environment27. Environment 
23. Consumer and health protection28. Consumer and health protection 
24. Cooperation in the field of Justice and Home Affairs23. Judiciary and fundamental rights 
24. Justice, freedom and security 
25. Customs union29. Customs union 
26. External relations30. External relations 
27. Common Foreign and Security Policy (CFSP)31. Foreign, security and defence policy 
28. Financial control32. Financial control 
29. Financial and budgetary provisions33. Financial and budgetary provisions 
30. Institutions34. Institutions 
31. Others35. 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

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.

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.

It has been used to describe the achievements of the Council of Europe (an international organisation unconnected with the European Union):[5]

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]

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

External links

European Union Law.

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Notes and References

  1. Web site: 2024-07-11 . EuroVoc: Community acquis . live . https://archive.today/20240718121506/https://op.europa.eu/en/web/eu-vocabularies/concept/-/resource?uri=http://eurovoc.europa.eu/5411 . 2024-07-18 . 2024-07-18 . Eurovoc.europa.eu.
  2. Web site: acquis communautaire . Collinsdictionary.com . Collins English Dictionary . 5 August 2012.
  3. Book: Rudolf. Uwe Jens. Berg. Warren G.. 2010. Historical Dictionary of Malta. 22. Scarecrow Press. 9780810873902.
  4. Web site: 2012-06-06 . Chapters of the acquis - European Commission . 2024-02-12 . neighbourhood-enlargement.ec.europa.eu . en.
  5. Section 12, Parliamentary Assembly of the Council of Europe Resolution 1290
  6. http://www.osce.org/documents/sg/2004/06/3241_en.pdf Intervention by Ambassador Aleksi Härkönen, Permanent Representative of Finland to the OSCE
  7. Web site: ANNEX 1: THE CONCEPT OF THE OECD "ACQUIS": A NOTE BY THE DIRECTORATE FOR LEGAL AFFAIRS. https://ghostarchive.org/archive/20221009/https://www.oecd.org/global-relations/globalrelationsstrategy/37434513.pdf#page=44 . 2022-10-09 . live . 44. Oecd.org. 21 January 2022.