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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Format: | Article |
Language: | deu |
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Ancilla Iuris
2014-09-01
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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. |
first_indexed | 2024-12-10T21:05:54Z |
format | Article |
id | doaj.art-0f5a0945f4ab4fc8a70519c715a31714 |
institution | Directory Open Access Journal |
issn | 1661-8610 1661-8610 |
language | deu |
last_indexed | 2024-12-10T21:05:54Z |
publishDate | 2014-09-01 |
publisher | Ancilla Iuris |
record_format | Article |
series | Ancilla Iuris |
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 |
work_keys_str_mv | AT mariomartini successionofstatesintheeu AT matthiasdamm successionofstatesintheeu |