What do Accession Negotiations mean?
Accession Negotiations represent the negotiations on conditions under which the state candidates join the European Union and its founding contracts; upon completion they are followed by establishing the international agreements between the EU member states and the state candidates, so called Accession Agreement.
In accordance with the European Council conclusions of December 2004, Accession Negotiatons are conducted on the basis of negotiation frame responsibe for methods and main negotiating principles. Talks are conducted within Intergovernmental Conference with the attendance of the EU member states on one side, and state candidates on the other. In the course of negotiations, the President of the European Council represents negotiating positions of the European Union, while the state delegation stands for the state candidate side.
Accession to the EU membership implies the adoption of all rights and obligations covered by the common concept of acquis on which the EU and its institutional frame are established. The most important elements of acquis are as follows:
- Primary law – Treaties of the European Union (Treaties Establishing the European Union)
- Secondary law – regulations, directives, decisions, recommendations and opinions
- Supplementary law – Court of Justice of the European Union case law, the general principles of law, international treaties;
- Other acts – resolutions, affidavit/declarations, recommendations, guidelines, joint actions, common positions,etc.
Community acquis is divided into 35 Chapters, at the same time considered asNegotiating Chapters. By the entrance into the EU membership each candidate country is required to adapt whole acquis being fully capable of its efficient implementation. If the candidate country is not able to adopt and implement the acquis in the individual Negotiating Chapter by the moment of accession to the membership and due to justified absence, so called transitioanal periods may be required in the negotiations on such Chapter by the candidate countries ensuring additional time periods for fully alignment of the national legislation with the acquis regarding specific area and upon accession to the EU membership. Required transitional periods have to be limited in time and content and in no way to distort the freedom of the market competition nor affect the EU internal market operation. In certain cases the derogations have been granted to the candidate countries as a permanent deviation from implemention of the acquis in the specific area. It is necessary to highlight how the transitional periods for the implementation of the acquis may be arranged even in the purpose of the European Union.