Download or read book Secession from a Member State and Withdrawal from the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2017-09-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.
Download or read book Qualified Autonomy and Federalism versus Secession in EU Member States written by Annegret Eppler and published by StudienVerlag. This book was released on 2021-12-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secession and European Union Law written by N?ria Gonz?lez Campa?? and published by Oxford University Press. This book was released on 2024-05-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Troubled Membership written by Carlos Costa and published by . This book was released on 2015 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Exiting the European Union written by Manolis Perakis and published by Cambridge Scholars Publishing. This book was released on 2019-05-03 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secession in the European Union written by Roland Vaubel and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secessionism and the European Union written by Glen M.E. Duerr and published by Lexington Books. This book was released on 2015-10-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secession from a Member State and Withdrawal from the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2017-09-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secession Within the Union Intersection Points of International and European Law written by Catherine M. Brölmann and published by . This book was released on 2016 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book States Falling Apart written by Eva Maria Belser and published by Stämpfli Verlag. This book was released on 2015-08-24 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increasing number of European countries are being faced with demands for greater autonomy or independence from regional groups. The legitimacy of nation states in Europe is thus being called into question not only by the forces of globalization and Europeanization from above, but also by growing pressure to recognize the autonomous or independent status of regional groups from below. From Scotland to Catalonia, from Flanders to South Tyrol, the movements vary in their intensity and demands, yet also have many commonalities. This book constitutes a compilation of papers presented at the international Conference "States Falling Apart? Secessionist and Autonomy Movements in Europe" at the University of Fribourg in 2013 and is a timely addition to the literature on secession, autonomy and federalism. With theoretical contributions and case studies, it presents a wide range of opinions and facts on these issues.
Download or read book EU Withdrawal as a Supranational Affair written by Polly Polak and published by BRILL. This book was released on 2023-08-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Is Withdrawal from the European Union a Manageable Option written by and published by . This book was released on 2013 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Withdrawal of the United Kingdom from the European Union written by Janel R. Weller and published by Nova Science Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty on the European Union provides for a Member State to leave the EU, either on the basis of a negotiated withdrawal agreement or without one. This book looks at the implications if the UK were to leave the EU following a referendum.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The internal enlargement of the European Union analysis of the legal and political consequences for the European Union in the event of secession or dissolution of a member state written by Jordi Matasi i Dalmases and published by . This book was released on 2010 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Brexit Democracy and Human Rights written by Jure Vidmar and published by . This book was released on 2018 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Kingdom (UK) has triggered the mechanism to exit the European Union (EU). Such a decision was taken at a referendum held in 2016. The referendum was, however, not legally binding, and only England and Wales, but not Scotland or Northern Ireland, endorsed the option to exit the EU. UK's EU exit can be seen as the UK's withdrawal from the Treaty on European Union (TEU) and the Treaty on the Functioning of European Union (TFEU) pursuant to Article 50 TEU. But the TEU and TFEU are not ordinary treaties of public international law. They are constitutional instruments of a complex supra-national polity--the EU. Brexit is thus in many respects more than just an ordinary treaty withdrawal; it can be seen as the UK's functional secession from the EU. This creates tensions between the rules of treaty withdrawal and tenets of democratic decision-making on territorial matters in a constitutional democracy. This article analyzes such tensions and contrasts Brexit with the reasoning of the Supreme Court of Canada in the Quebec case, holding that democracy was not a simple majority rule. Yet, it is questionable whether the treaty-law logic of Article 50 allows for accommodation of the Quebec principles. The article also demonstrates how the European Convention of Human Rights could step in to protect certain already-acquired rights of EU citizens after Brexit. Given the complexity and diversity of rights stemming from EU citizenship, however, there is no complete legal certainty without either an agreement between the EU and the UK to this effect, or further development of the existing case law on the matter.
Download or read book The International Enlargement of the European Union written by and published by . This book was released on 2011 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt:
