Secession from a Member State and Withdrawal from the European Union

Secession from a Member State and Withdrawal from the European Union

Author: Carlos Closa

Publisher: Cambridge University Press

Published: 2017-09-07

Total Pages: 325

ISBN-13: 1316780996

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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.


Collapse

Collapse

Author: Ian Kearns

Publisher: Biteback Publishing

Published: 2018-04-17

Total Pages: 221

ISBN-13: 1785903896

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It is now commonplace to hear people say the EU is embroiled in an existential crisis. Indeed, Brexit may mean the process of EU disintegration has already begun. However, while much political and journalistic attention is centred on describing the EU's woes, far less attention is being paid to what the consequences of such a disintegration might be. From the terrorist and migration crises facing the Continent to the new threat from Russia, and from the euro's unending fragility to the rise of a new, Eurosceptic politics, Ian Kearns tells the story of the biggest crisis to hit Europe since the end of the Second World War. It makes clear just what is at stake. With the EU in a far more fragile state than many realise, Collapse sets out the specific scenarios that could lead to the breakdown of the European Union. It charts the catastrophic economic, political and geopolitical developments likely to follow should such a collapse occur. And it offers bold solutions to challenge those in positions of authority to build a new, reformed union one capable of riding out the storm and of positioning Europe for success in the remainder of the twenty-first century. Drawing on the author's extensive network of senior political, diplomatic, military and business leaders from across the Continent, Collapse tells the story of Europe's super-crisis from within. Both an urgent warning and a passionate call to action, it seeks to defend not just the EU but the seven decades of peace and progress the union represents.


The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law

Author: Anthony Arnull

Publisher: Oxford University Press

Published: 2015-07-23

Total Pages: 1092

ISBN-13: 0191653055

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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.


Secession and European Union Law

Secession and European Union Law

Author: N?ria Gonz?lez Campa??

Publisher: Oxford University Press

Published: 2024-05-23

Total Pages: 420

ISBN-13: 0198882610

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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.


The Left Case Against the EU

The Left Case Against the EU

Author: Costas Lapavitsas

Publisher: John Wiley & Sons

Published: 2018-12-05

Total Pages: 160

ISBN-13: 1509531084

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Many on the Left see the European Union as a fundamentally benign project with the potential to underpin ever greater cooperation and progress. If it has drifted rightward, the answer is to fight for reform from within. In this iconoclastic polemic, economist Costas Lapavitsas demolishes this view. He contends that the EU’s response to the Eurozone crisis represents the ultimate transformation of the union into a neoliberal citadel that institutionally embeds austerity, privatization, and wage cuts. Concurrently, the rise of German hegemony has divided the EU into an unstable core and dependent peripheries. These related developments make the EU impervious to meaningful reform. The solution is therefore a direct challenge to the EU project that stresses popular and national sovereignty as preconditions for true internationalist socialism. Lapavitsas’s powerful manifesto for a left opposition to the EU upends the wishful thinking that often characterizes the debate and will be a challenging read for all on the Left interested in the future of Europe.


Exiting the European Union

Exiting the European Union

Author: Manolis Perakis

Publisher: Cambridge Scholars Publishing

Published: 2019-05-03

Total Pages: 221

ISBN-13: 1527534154

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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.


The European Union and the Return of the Nation State

The European Union and the Return of the Nation State

Author: Antonina Bakardjieva Engelbrekt

Publisher: Springer Nature

Published: 2020-01-22

Total Pages: 282

ISBN-13: 3030350053

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This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests. Furthermore, Brexit forces the EU for the first time to face the prospect of a major member state preparing to leave the Union. Are these developments heralding the return of the nation-state, and if so, in what form? Is the national revival a lasting phenomenon that will affect the EU for a long time to come, or is it a transitory trend? This book takes an interdisciplinary approach to answer these questions. It brings together scholars from economics, law, and political science to provide insights into the multifaceted relations between the Union and its member states from different perspectives. All chapters are based on up-to-date research findings, succinct assessments of the current state of affairs and ongoing debates about the direction of European integration. The book concludes by offering policy recommendations at European and national levels.


European Boundaries in Question

European Boundaries in Question

Author: Richard Bellamy

Publisher: Routledge

Published: 2018-12-07

Total Pages: 335

ISBN-13: 1351268546

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European Union boundaries have always been unusual. In no other political community is both the prospect of enlargement and the ever-present possibility of withdrawal part of the constitutional framework. We find few other instances where some territories in a political community adopt a common currency while others do not. Examples of thick association agreements, such as we find between the EU and third countries like Switzerland and Norway, are uncommon. Over the last number of years, EU boundaries have been challenged like never before. Brexit poses a fundamental threat to the EU’s territorial integrity and the rights of EU citizens to cross what have been regarded as open borders; the refugee crisis and the increase of terrorism both call into question the EU’s ability to justly and effectively manage its external borders; the rise of populism is a direct challenge to internal free movement as the demand to reassert national borders becomes formidable; while the aftermath of the euro-crisis continues to put Monetary Union in doubt. By distinguishing between three categories of boundary change – boundary-making, boundary-crossing and boundary-unbundling – the authors in this volume attempt to shed light on the sustainability and legitimacy of Europe’s boundaries in question. The chapters originally published as a special issue in the Journal of European Integration.


An Ever-Changing Union?

An Ever-Changing Union?

Author: Koen Lenaerts

Publisher: Bloomsbury Publishing

Published: 2019-11-28

Total Pages: 405

ISBN-13: 1509923683

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Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.