On Brexit and secession(s)

Skoutaris, Nikos

doi:10.4324/9780429032400-11

Cited by 17 publications

(1 citation statement)

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“…Having argued that Brexit is not a form of secession within the traditional vocabulary of international law or, even, the framework of decisional secession from federal states, there remains some scope for some observations on the secessionist rationale of Brexit. Indeed, while one might question the amenability of Brexit to the terminology of secession properly‐so‐called, it cannot be overlooked that ‘the issues arising from Brexit are reminiscent of those arising out of state succession’ (Vidmar, 2018, p. 444) and that Brexit ‘bears some similarity with secessionist constitutional processes around the globe’ (Skoutaris, 2019, p. 210). This is true both in terms of the domestic regulatory apparatus that followed the referendum through the European Union (Withdrawal) Act 2018, which aims to ensure legal continuity in a manner that is characteristic of secession (Douglas‐Scott, 2016), as well as in aspects of the political discourse that gave ammunition to Brexit.…”

Section: Finding Counter‐majoritarian Inspiration In Decisional Seces...mentioning

confidence: 99%

Was Brexit a Form of Secession?

Frantziou

2022

Global Policy

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As a form of legal separation taking place within a quasi‐federal framework, Brexit displayed important conceptual similarities with secession, in that it was predicated upon notions of collective identity and aspirations of renewed self‐government. This article examines the interrelationship between Brexit, secession as a legal concept, and secessionism as a political phenomenon. It advances two main arguments: at a first stage, it highlights that while Brexit ideologically aligns with secessionism, it could not have met any sustained international law definition of secession itself. However, the constitutional constraint to the European Union's formal status as an association of states (Staatenverbund) as opposed to a federation (Staatsverband) has rendered its withdrawal provision (Article 50 of the Treaty on European Union (TEU)) unduly impervious to the important practical parallels between the Brexit process and decisional, that is, negotiated, forms of secession. The article goes on to argue that an active recognition of aspects of decisional secession within the EU constitutional framework could have allowed for a more complex and dialogical resolution of Brexit than the conditions set up by the unilateral withdrawal clause allowed.

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Section: Finding Counter‐majoritarian Inspiration In Decisional Seces...mentioning

confidence: 99%

Was Brexit a Form of Secession?

Frantziou

2022

Global Policy

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Secession and European Union Law

González Campañá

2024

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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.

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González Campañá

2024

Secession and European Union Law

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On Brexit and secession(s)

Cited by 17 publications

References 1 publication

Was Brexit a Form of Secession?

Was Brexit a Form of Secession?

Secession and European Union Law

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