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- Title
The Temporal Paradox of Regions in the EU Seeking Independence: Contraction and Fragmentation versus Widening and Deepening?
- Authors
Chamon, Merijn; Van der Loo, Guillaume
- Abstract
This article investigates the possibility of regional entities within EU Member States to become EU Member States in their own right following their secession from their mother state. International law does not automatically allow such regions to remain EU Member States since it refers this issue back to the constituent instruments of international organisations and a reading of both the EU Treaties and the ECJ's jurisprudence seems to preclude such a 'continued membership'. The article then further explores the legal issues which could arise during the accession process of the newly independent state. After suggesting solutions to bridge the gap between its secession and its own EU membership, it is argued that the key challenge for such a region would be to ensure a smooth transition, without the loss of prerogatives under EU law, from being an EU region to an EU Member State proper.
- Subjects
EUROPEAN Union countries; EUROPEAN Union politics &; government; EUROPEAN Union membership; TREATY interpretation &; construction; EUROPEAN Union law; COURT of Justice of the European Union; JURISPRUDENCE; SECESSION -- Social aspects; TWENTY-first century
- Publication
European Law Journal, 2014, Vol 20, Issue 5, p613
- ISSN
1351-5993
- Publication type
Article
- DOI
10.1111/eulj.12057