TY - JOUR
T1 - Secessions from EU Member States
T2 - The Imperative of Union’s Neutrality
AU - Kochenov, Dimitry
AU - van den Brink, Martijn
N1 - Publisher Copyright:
© 2016, European Papers-A Journal on Law and Integration.All Rights Reserved.
PY - 2016
Y1 - 2016
N2 - 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.
AB - 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.
KW - Accession
KW - Ethos eu
KW - Eu integration
KW - Eu membership
KW - Secessions
UR - http://www.scopus.com/inward/record.url?scp=85134166352&partnerID=8YFLogxK
U2 - 10.15166/2499-8249/6
DO - 10.15166/2499-8249/6
M3 - Article
AN - SCOPUS:85134166352
SN - 2499-8249
VL - 1
SP - 67
EP - 92
JO - European Papers - A Journal on Law and Integration
JF - European Papers - A Journal on Law and Integration
IS - 1
ER -