La Unión Europea, Cataluña y Escocia: (Cuestiones jurídicas sobre las recientes tendencias secesionistas en los Estados Miembros de la UE)
This study starts from the 2014-2015 events in Scotland (referendum on independence) and in Catalonia («informal consultation» and regional elections). Secessionists movements in both cases wished that a new State born from the secession would become (according to them «continues to be») part of the...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5497184 |
| Source: | Teoría y realidad constitucional, ISSN 1139-5583, Nº 37, 2016 (Ejemplar dedicado a: La cuestión catalana), pags. 101-134 |
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| Summary: |
This study starts from the 2014-2015 events in Scotland (referendum on independence)
and in Catalonia («informal consultation» and regional elections). Secessionists movements in both cases
wished that a new State born from the secession would become (according to them «continues to be») part of the
EU. That conviction strengthens them, as the EU is seen as a «safe haven», allowing independence without
the threat of being isolated.
The EU Treaties neither provide for, nor prohibit the partition of a Member State. However, in order
to become part of the EU, the secessionist region should first be recognized as a State by the international community, and specifically by the 28 EU Member States (including Spain and the UK). This would be legally
possible if the new State was born in full respect of the Rule of Law, but would exclude a «State» having
unilaterally declared its independence in violation of the national Constitution.
Then, a new State recognised could be a candidate to the EU. The author shows that the procedure of
article 49 of the Treaty on EU woud have to be followed (accession of a new State) and not that of article 48
(amendments to the Treaties). Taking Scotland as an example, the author describes the necessary legal steps
to be accomplished after the secession. He stresses that the partition of an EU State should not anymore being
regarded as a strictly national matter. Given its consequences on the EU as a whole and on other Member
States, it is a matter that cannot be ignored by the EU. |
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