Acquis communautaire

Acquis communautaire

The acquis communautaire is a fundamental concept in the European Union (EU) that refers to the entire body of EU laws, legal acts, and court decisions which constitute the legal order of the European Union. The term "acquis communautaire" is French for "community acquis" or "community achievement," and it encompasses all the rights and obligations that EU member states share.

Overview

The acquis communautaire is a dynamic and evolving body of law that includes:

• Primary legislation: The founding treaties of the EU, such as the Treaty of Rome, the Treaty of Maastricht, and the Treaty of Lisbon.
• Secondary legislation: Regulations, directives, decisions, recommendations, and opinions issued by the EU institutions.
• Case law: Judgments and interpretations by the European Court of Justice (ECJ) and the General Court.
• International agreements: Treaties and agreements that the EU has entered into with non-EU countries and international organizations.

Importance

The acquis communautaire is crucial for the functioning of the EU as it ensures uniformity and consistency in the application of EU law across all member states. It serves as the legal foundation for the EU's policies and actions and is essential for maintaining the single market, ensuring the free movement of goods, services, people, and capital.

Enlargement and the Acquis

When a country seeks to join the EU, it must adopt the entire acquis communautaire. This process is known as "accession" and involves:

1. Screening: The EU and the candidate country review the acquis to identify areas where the candidate needs to make changes. 2. Negotiation: The candidate country negotiates with the EU on how and when it will adopt the acquis. 3. Implementation: The candidate country must implement the acquis into its national legal system before joining the EU.

The acquis is divided into chapters, each covering a specific policy area, such as competition policy, agriculture, or environmental protection. Candidate countries must demonstrate their ability to adopt and enforce the acquis in each chapter.

Challenges

Adopting the acquis communautaire can be challenging for candidate countries, especially those with different legal traditions or lower levels of economic development. It requires significant legal, administrative, and economic reforms.

Also see

• European Union law
• European Court of Justice
• Treaty of Lisbon
• Enlargement of the European Union
• Single market