Product details
- Categories: EU LAW, Institutions, Treaties and Civil Service
- Publisher: OUP - Oxford University Press
- ISBN: 9780198882596
- Publication Date: 23/05/2024
- Binding: Paperback
- Number of pages: 288
- Language: French
Summary
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.
Table of contents
1:Main Terms and Legal Framework of the Book
2:Secession and International Law
3:Secession and Constitutional Law
4:EU Towards Secession and Secessionist Challenges: Precedents, Statements, and Reactions
5:EU Law Towards a Secessionist Challenge: Implicit Responses with EU Provisions?
6:EU Law Towards States Emerging out of Secession
7:Conclusion