Secessions from EU Member States: The Imperative of Union’s Neutrality

Dimitry Kochenov, Martijn van den Brink

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

We argue that EU law and the ethos of European integration, premised on inclusiveness and the taming of the State requires the Union to remain neutral in the context of the permutations of statehood at the national level leading to the emergence of the new State entities in Europe. We show that the matter of permutations of statehood is not new or exceptional, unlike what is some-times claimed, and demonstrate that the EU is not to blame for facilitating the viability of newly-emerging States in Europe, since this is one of the natural bi-products of the very nature of the Un-ion. In this context intervening into national constitutional secession politics and making threats to prevent the newly-emerging States from joining the EU would not only be an ultra vires action for the EU to take.

Original languageEnglish
Pages (from-to)67-92
Number of pages26
JournalEuropean Papers - A Journal on Law and Integration
Volume1
Issue number1
DOIs
StatePublished - 2016
Externally publishedYes

Keywords

  • Accession
  • Ethos eu
  • Eu integration
  • Eu membership
  • Secessions

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