Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis

The article is devoted to the comparative legal analysis of the formation and development of the acquis communautaire in France, Germany and Switzerland with a view to identifying similarities and differences in the formation and development of the acquis communautaire in countries with different le...

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Main Author: N. O. Rastorhuieva
Format: Article
Language:English
Published: Kharkiv National University of Internal Affairs 2024-09-01
Series:Law and Safety
Subjects:
Online Access:https://pb.univd.edu.ua/index.php/PB/article/view/829
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author N. O. Rastorhuieva
author_facet N. O. Rastorhuieva
author_sort N. O. Rastorhuieva
collection DOAJ
description The article is devoted to the comparative legal analysis of the formation and development of the acquis communautaire in France, Germany and Switzerland with a view to identifying similarities and differences in the formation and development of the acquis communautaire in countries with different legal status in the European Union. The analysis was carried out using comparative legal, formal legal, dialectical, historical and legal, hermeneutical and other methods, as well as the principles of determinism, pluralism of opinions and complexity of knowledge. On the basis of and through the disclosure of the concept of “acquis communautaire”, the diversity of its understanding within different approaches and the nature of this phenomenon, as well as the study of the formation of the acquis communautaire specifics, it is established that this process took place in the course of formation of the European Communities in the 1950s with the participation of France and Germany on the basis of a combination of liberal market and general social values, and its development took place during the elaboration of the foundations of the mechanism for adoption of a common European policy. It is found that the patterns of formation and development of the acquis communautaire in France, Germany and Switzerland are overcoming contradictions and searching for compromises between France and Germany in all areas of common European policy and the need to coordinate their position with other members of the European Union. Furthermore, the similarity of these processes in France and Germany is rooted in their participation in the creation and development of the European Communities, in the formation of the acquis and its identical legal sources, and the difference lies in the motives and objectives of these States, their positions in certain areas of common European policy and procedural activities related to the implementation of the acquis into national legislation. At the same time, the article reveals that the specifics of formation and development of the European Union acquis in Switzerland are determined by its status as an associated country in the Union, which provides for the possibility of implementing the relevant acquis with certain exceptions on the basis of sectoral agreements between it and the European Union. The difference in the formation and development of the acquis between France and Germany, as well as Switzerland, is manifested in the mechanism and consequences of the implementation of the new acquis: Switzerland participates in the development process, but not in decision-making. Finally, it is noted that the common feature of the development of the EU acquis for all these countries is a combination of market-liberal and general social values and the introduction of a socially oriented market economy model.
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spelling doaj-art-faf697ea63eb46f094fabac146dd720f2025-02-03T06:56:32ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332024-09-019439710810.32631/pb.2024.3.09829Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysisN. O. Rastorhuieva0Kharkiv National University of Internal AffairsThe article is devoted to the comparative legal analysis of the formation and development of the acquis communautaire in France, Germany and Switzerland with a view to identifying similarities and differences in the formation and development of the acquis communautaire in countries with different legal status in the European Union. The analysis was carried out using comparative legal, formal legal, dialectical, historical and legal, hermeneutical and other methods, as well as the principles of determinism, pluralism of opinions and complexity of knowledge. On the basis of and through the disclosure of the concept of “acquis communautaire”, the diversity of its understanding within different approaches and the nature of this phenomenon, as well as the study of the formation of the acquis communautaire specifics, it is established that this process took place in the course of formation of the European Communities in the 1950s with the participation of France and Germany on the basis of a combination of liberal market and general social values, and its development took place during the elaboration of the foundations of the mechanism for adoption of a common European policy. It is found that the patterns of formation and development of the acquis communautaire in France, Germany and Switzerland are overcoming contradictions and searching for compromises between France and Germany in all areas of common European policy and the need to coordinate their position with other members of the European Union. Furthermore, the similarity of these processes in France and Germany is rooted in their participation in the creation and development of the European Communities, in the formation of the acquis and its identical legal sources, and the difference lies in the motives and objectives of these States, their positions in certain areas of common European policy and procedural activities related to the implementation of the acquis into national legislation. At the same time, the article reveals that the specifics of formation and development of the European Union acquis in Switzerland are determined by its status as an associated country in the Union, which provides for the possibility of implementing the relevant acquis with certain exceptions on the basis of sectoral agreements between it and the European Union. The difference in the formation and development of the acquis between France and Germany, as well as Switzerland, is manifested in the mechanism and consequences of the implementation of the new acquis: Switzerland participates in the development process, but not in decision-making. Finally, it is noted that the common feature of the development of the EU acquis for all these countries is a combination of market-liberal and general social values and the introduction of a socially oriented market economy model.https://pb.univd.edu.ua/index.php/PB/article/view/829acquis communautairetreatyeu member stateassociated statesectoral agreements.
spellingShingle N. O. Rastorhuieva
Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
Law and Safety
acquis communautaire
treaty
eu member state
associated state
sectoral agreements.
title Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
title_full Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
title_fullStr Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
title_full_unstemmed Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
title_short Formation and development of the Acquis Communautaire in France, Germany and Switzerland: A comparative legal analysis
title_sort formation and development of the acquis communautaire in france germany and switzerland a comparative legal analysis
topic acquis communautaire
treaty
eu member state
associated state
sectoral agreements.
url https://pb.univd.edu.ua/index.php/PB/article/view/829
work_keys_str_mv AT norastorhuieva formationanddevelopmentoftheacquiscommunautaireinfrancegermanyandswitzerlandacomparativelegalanalysis