Succession of States in the EU

A specter is haunting Europe – the specter of separatism. Scotland, Catalonia, Flanders, South Tyrol – all these regions have separatist movements pursuing independence from their current National State. The breakup of an EU Member State no longer seems impossible. To date, it is unclear what impact...

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Main Authors: Mario Martini, Matthias Damm
Format: Article
Language:deu
Published: Ancilla Iuris 2014-09-01
Series:Ancilla Iuris
Online Access:http://anci.ch/articles/ancilla2014_159_martini_damm.pdf
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author Mario Martini
Matthias Damm
author_facet Mario Martini
Matthias Damm
author_sort Mario Martini
collection DOAJ
description A specter is haunting Europe – the specter of separatism. Scotland, Catalonia, Flanders, South Tyrol – all these regions have separatist movements pursuing independence from their current National State. The breakup of an EU Member State no longer seems impossible. To date, it is unclear what impact this would have on the EU membership of the new entities (with consequences for the character of citizenship, voting rights in the council, number of MEPs etc.) that emerge from the old States. The common rules of Public International Law governing the succession of States are insufficient in the case of a succession of States in the EU. Although the Treaties do not provide for such a situation and the past 60 years of European history offer only a few and not really persuasive precedents, the nature of the EU as a joint association of sovereign States (“Staatenverbund”) demands a special approach: A separated State will neither be automatically excluded from the EU nor will it automatically become a new Member State.
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spelling doaj.art-0f5a0945f4ab4fc8a70519c715a317142022-12-22T01:33:38ZdeuAncilla IurisAncilla Iuris1661-86101661-86102014-09-01159181Succession of States in the EUMario MartiniMatthias DammA specter is haunting Europe – the specter of separatism. Scotland, Catalonia, Flanders, South Tyrol – all these regions have separatist movements pursuing independence from their current National State. The breakup of an EU Member State no longer seems impossible. To date, it is unclear what impact this would have on the EU membership of the new entities (with consequences for the character of citizenship, voting rights in the council, number of MEPs etc.) that emerge from the old States. The common rules of Public International Law governing the succession of States are insufficient in the case of a succession of States in the EU. Although the Treaties do not provide for such a situation and the past 60 years of European history offer only a few and not really persuasive precedents, the nature of the EU as a joint association of sovereign States (“Staatenverbund”) demands a special approach: A separated State will neither be automatically excluded from the EU nor will it automatically become a new Member State.http://anci.ch/articles/ancilla2014_159_martini_damm.pdf
spellingShingle Mario Martini
Matthias Damm
Succession of States in the EU
Ancilla Iuris
title Succession of States in the EU
title_full Succession of States in the EU
title_fullStr Succession of States in the EU
title_full_unstemmed Succession of States in the EU
title_short Succession of States in the EU
title_sort succession of states in the eu
url http://anci.ch/articles/ancilla2014_159_martini_damm.pdf
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