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Acquis communautaire Community Acquis DEFINITION.

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Presentation on theme: "Acquis communautaire Community Acquis DEFINITION."— Presentation transcript:

1 Acquis communautaire Community Acquis DEFINITION

2 Law of the European Union Is the unique legal system which operates alongside the laws of Member States of the EU. EU law has direct effect within the legal system of its Member States, and overrides national law in many areas, especially in terms of economic and social policy.

3 ACQUIS: Is the body of common rights and obligations which bind all the Member States together within the European Union It is constantly evolving and comprises: 1.The content, principles and political objectives of the Treaties 2.The legislation adopted in application of the treaties and the case law of the Court of Justice

4 3. the declarations and resolutions adopted by the Union 4. measures relating to the common foreign and security policy 5. measures relating to justice and home affairs 6. international agreements concluded by the Community and those concluded by the Member States between themselves in the field of the Union’s activities

5 In addition It consists of: all acts adopted in the framework of the second and third pillar The common objectives that lay down in the Treaties

6 European Union law has evolved gradually since it was established, when the Treaty of Paris was signed in 1951, it established the European Coal and Steel Community, and comprised just 6 Member States. Currently there are around 500 million EU citizens in 28 Member States subject to EU law, making it one of the most encompassing modern legal system in the world.

7 3 PILLAR STRUCTURE The first oldest and most important deals with law concerning economic and social rights and how European institutions are set up (Rome 1957) The second concerns the European Union Common Foreign and Security Policy The third concerns Police and Judicial Co- operation in Criminal Matters (Maastricht 1992)

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9 Treaty of Maastricht (1992) Introduced the new institutional structure which remained until the entry into force of the Treaty of Lisbon: The Community Pillar (first pillar)– corresponded to the 3 communities: 1 the European Community, 2 the European Atomic Energy Community (Euroatom) and 3 the former European Coal and Steel Community

10 The Treaty of Amsterdam (1997) Transferred some of the fields covered by the third pillar to the first pillar: free movement of persons Changed the operation of the Council of the EU Absorbed the Schengen Convention Increased the role of the EU in home affaires It pushed forward the model of a supranational European Union at the expense of intergovernmental cooperation

11 The most important gesture: the framework sketched out for the future accession of 10 new member states It determined many changes: absorbed the Schengen Convention into EU law Expanded the role of the Common Foreign and Security Policy by creating a High Representative to take responsibility for EU foreign affairs Extended the powers of the European Police Agency

12 Most significant It changed the way that decisions were made in the EU by expanding the number of decisions covered by Qualified Majority Voting including some foreign policy issues For the first time, it gave the Commission a say over the majority of Justice and Home Affairs It recognized the idea of constructive abstention

13 Good things: Created greater flexibility It made enlargement possible It brought the UK in line with the social agreement of the Maastricht Treaty Bad things: The new flexibility made some countries become “second-class” members

14 "What disturbs people in Britain and many elsewhere is that they see a constant transfer of power in one direction only. They see all the footprints leading into the cave and none coming out... where does it end?" - Malcolm Rifkind, British Foreign Secretary, 1997.

15 Technical Terms Supranational: a form of organisation through which decisions are made by international institutions, not by individual states. Intergovernmental: a form of international organisation where governments work together to achieve shared goals. Enhanced co-operation: the idea that a core of countries could co- operate more closely in more areas of policy without obliging other members to either veto these policies or adopt them. Constructive abstention: a rule allowing the European Council to agree to a foreign affairs or security decision even if one country decides to abstain.

16 The three pillars function on the basis of different decision-making procedures: the Community procedure for the first pillar, and the intergovernmental procedure for the other two The Union has committed itself to maintaining the Community Acquis in its entirety and developing its further Applicant countries will have to transpose the acquis into their national legislation and implement it from the moment of their accession

17 Treaty of Lisbon Entered into force on 1 December 2009 Amends the current EU and EC treaties Provides the Union with the legal framework and tools necessary to meet future challenges A strengthened role for the European Parliament – new powers regarding EU legislation, the EU budget and international agreements – thus it placed on an equal footing with the Council for EU legislation

18 Greater involvement of national parliaments – enhances democracy ( monitor that the EU acts where results can be better attained at EU level) A stronger voice for the citizens Categorization of competences – who does what (Member States and EU) Withdrawal from the Union: it recognizes the possibility for a Member State to withdraw from the Union


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