The question of secession in the European Union: a constitutional view

Authors

  • Josu de Miguel Bárcena

Keywords:

European Union, secession, multilevel constitutionalism, federalism, evolutionary constituent power

Abstract

The aim of this paper is to analyze the phenomenon of secession in the context of the European Union. For this, we use the concept of multilevel constitutionalism and study the effects of national self-determination from the perspective of the clause of Art. 50 TEU and the political projects currently driving the independence of regions of Member States. Since international law is often said that secession is an internal matter for the Member States. However, in our opinion the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

Issue

Section

ARTICLES