Acquis
Encyclopedia
The Community acquis or acquis communautaire (ˈækiː kəˈmjuːnətɛər, aˌki kɔmynoˈtɛːʁ), sometimes called the EU acquis, and often shortened to acquis, is the accumulated legislation, legal acts, and court decisions which constitute the body of European Union law
. The term is French
: acquis meaning "that which has been agreed upon", and communautaire meaning "of the community".
, 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). These chapters were:
For the negotiations with Croatia
and Turkey
, the acquis was 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:
Correspondence between chapters of the 5th and the 6th Enlargement:
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.
, 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):
It has also been applied to the body of "principles, norms and commitments" of the Organization for Security and Co-operation in Europe
(OSCE):
The Organisation for Economic Cooperation and Development (OECD) introduced the concept of the OECD Acquis in its "Strategy for enlargement and outreach", May 2004.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
. The term is French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
: acquis meaning "that which has been agreed upon", and communautaire meaning "of the community".
Chapters of the acquis
During the process of the enlargement of the European UnionEnlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...
, 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
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
and Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
which joined in 2007). These chapters were:
|
Regional policy -Regional policy in the European Union:Although the European Union is one of the richest parts of the world, there are large internal disparities of income and opportunity between its regions. The May 2004 Enlargement, followed by accession of Bulgaria and Romania in January 2007 has widened these... and coordination of structural instruments Customs union A customs union is a type of trade bloc which is composed of a free trade area with a common external tariff. The participant countries set up common external trade policy, but in some cases they use different import quotas... Common Foreign and Security Policy The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas... (CFSP) |
For the negotiations with Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
and Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, the acquis was 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:
|
(including anti-discrimination and equal opportunities for women and men) |
Correspondence between chapters of the 5th and the 6th Enlargement:
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 | 3. Right of establishment and 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 coordination of structural instruments | 22. Regional policy and coordination 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.
Other uses of the word acquis
The term acquis is also used to describe laws adopted under the Schengen AgreementSchengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
, 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
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
Appellate Body, in the case Japan – Taxes on Alcoholic Beverages, to refer to the accumulation of General Agreement on Tariffs and Trade
General Agreement on Tariffs and Trade
The General Agreement on Tariffs and Trade was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization . GATT was signed in 1947 and lasted until 1993, when it was replaced by the World...
(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
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
(an international organisation unconnected with the European Union):
- The Council of Europe’s acquis in standard setting activities in the fields of democracyDemocracyDemocracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, the rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and fundamental human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and freedoms should be considered as milestones towards the great European political project, and the European Court of Human RightsEuropean Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
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
Organization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe is the world's largest security-oriented intergovernmental organization. Its mandate includes issues such as arms control, human rights, freedom of the press and fair elections...
(OSCE):
- 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 Cooperation and Development (OECD) introduced the concept of the OECD Acquis in its "Strategy for enlargement and outreach", May 2004.
External links
- 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.