Secession from a Member State and Withdrawal from the European Union PDF Download

Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1316780996
Category : Law
Languages : en
Pages : 325

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Book Description
This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.

Author: Annegret Eppler
Publisher: StudienVerlag
ISBN: 3706562154
Category : Political Science
Languages : de
Pages : 348

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Book Description
This volume deals with current secessionist movements in states that are or were members of the European Union (EU). It compares the cases of Scotland, Catalonia, and Flanders, which are anchored in three different political systems. However, all three sub-state regions analysed are or were part of the EU multi-level system, and as such, they are subject to the influence of Europeanization. Their secession efforts are influenced by the European framework – including their own EU membership after a possible secession. The three regions, therefore, have different motivations and probabilities for actual secessions. All case studies in this volume are introduced and outlined with theoretical chapters and examined using consistent guiding questions to ensure comparability between the three cases. The analyses are framed by chapters describing other examples of secession processes past and present, and by texts that ask whether federalism or other solutions (so-called 'third ways') could offer a path beyond secession.

Author: N?ria Gonz?lez Campa??
Publisher: Oxford University Press
ISBN: 0198882610
Category : Law
Languages : en
Pages : 420

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Book Description
Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.

Author: Carlos Costa
Publisher:
ISBN:
Category : Secession
Languages : en
Pages : 26

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Book Description
This paper summarizes the debates held at a Round Table in the European University Institute on withdrawal from the Union and secession from an EU member state. The approach is not to look at domestic debates but to seek a European view on the topic. Four issues articulated the discussion: the normative arguments for and against secession/independence within the EU, withdrawal and its effects, the effects of secession/independence for EU member states and the impact for EU citizens of both processes of withdrawal and secession. The paper seeks no final conclusion but rather it aims at conveying different standpoints on the issues.

Author: Manolis Perakis
Publisher: Cambridge Scholars Publishing
ISBN: 1527534154
Category : Law
Languages : en
Pages : 221

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Book Description
Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it could also occur in the form of a “forced” exit, including expulsion due to an infringement of fundamental rules, or secession—the most relevant example at present being Catalonia. Legal scholars, practitioners and students, as well as political scientists and anyone interested in what the future holds for European integration, will find this book particularly relevant.

Author: Glen M.E. Duerr
Publisher: Lexington Books
ISBN: 0739190857
Category : Political Science
Languages : en
Pages : 227

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Book Description
Secessionist (also called, nationalist, or pro-independence) political parties exist in many countries in the developed world; they raise—and then spend—a lot of money, win votes in elections, and their elected officials serve in seats in local, regional, and national parliaments. Yet, despite all of this effort, there has not been a successful case of secession since 1921 when the Irish Free State effectively seceded from the United Kingdom (UK). Perhaps the biggest issue is that these secessionist political parties have rarely been popular enough to form a government even amongst their core ethnic group. This is further compounded by the fact that secessionist parties have historically been unable to win support from immigrants or people outside their core ethnic and/or linguistic group. Given this context, four central questions are posed in this study including: whether—and also why—any of the secessionist parties have transitioned from ethnic-based to civic-based policy platforms? Why have these secessionist parties not yet achieved independence? And, what role does the European Union (EU) play in facilitating or deterring secession in independence-seeking regions within member states? This study examines three different cases—Flanders in Belgium, Scotland in the UK, and Catalonia in Spain—to investigate how secessionist political parties are approaching the issue of independence. All of the cases are different with respect to history, governmental structure, and economic situation. Yet all of the cases are similar in some ways—they are close to the same size (in terms of population), operate within mature democratic political systems, have distinct secessionist political parties, and all reside within member states of the EU. Categorically, in all cases, there are also shared influences of the ability of the region to secede: institutions, interests, and ideas.

Author: Roland Vaubel
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This paper argues the case for the right of secession in Western democracies. I suggest that the winners gain more than the losers may lose. Indeed, the external effects of secession may well be positive. However, the political economy of secession is highly problematic. Ideally, the rules for secession should be set at the international level but international organisations have a vested interest in preventing secession. It is easier to establish the right of secession at the national level. The opinion of the European Union institutions that Catalonia and Scotland, after seceding, would have to reapply for EU membership has no basis in the European treaties. Nor has this question been settled in any UN agreement or Vienna Convention. There are merely practices, and they vary among international institutions. The paper concludes with suggestions on how secessions from EU member states and withdrawals of member states from the EU might be implemented.

Author: Catherine M. Brölmann
Publisher:
ISBN:
Category :
Languages : en
Pages : 74

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Book Description
With the referenda on possible Scottish and Catalan independence and the electoral successes of the Flemish pro-independence movement, secession of part of a EU Member State has become a real possibility that cannot be ignored any longer. The driving forces behind the referenda seek independence but they do not seek withdrawal from the Union. This is a scenario without precedent. An exploration of its legal and political aspects is therefore a timely matter. In this collection of think pieces a number of experts from both public international law and European Union law present their thoughts on key aspects of Secession within the Union.

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Category : Law
Languages : en
Pages : 950

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Book Description
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author: Polly Polak
Publisher: BRILL
ISBN: 900454609X
Category : Law
Languages : en
Pages : 322

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Book Description
The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.