Interesting report in the Barcelona Reporter today. It appears that those pesky Catalunyan's have gone and organised a conference on the vexed question of countries seeking Independence within the EU. The session titled "Independent state in Europe? was organized by the Cercle d'Estudis Sobiranistes foundation and by the institution Horizonte Europe, and has been inaugurated by radical dude President of the Parliament, Ernest Benach.
According to the report commissioned by Stanford University, there are "legal and political arguments" that support the concept of the "internal extension" of the Community when territories that are already part of it become independent of their current state.
It also indicates that neither Catalunya and other territories from Spain or other European states such as Scotland (Great Britain) should apply for admission as new members of the EU, they only have to ask for recognition its new status". The report mentions legal and political arguments applied to interpret the treaties of the European Union, and in this sense, indicates that the international practice shows that in cases of "succession of States", the policy developments set the legal reality and not vice versa.
The report acknowledges, however, that in the EU now there is no legislation governing internal succession, so there is a situation of a "legal vacuum" before which he would have to apply "the rules of customary international law".
The report suggests ways to "pave the way for internal expansion, such as preparing the "Catalan founding documents" -Declaration of Independence and the Constitution, and submission to the European Court of Arbitration.
The Cercle d'Estudis Sobiranistes have a rather charming animation showing just how many European countries have succeeded in gaining Independence over the last 100 years.
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3 comments:
Independence "within" the EU is an oxymoron.
If you are saying that "independence within the EU" is an oxymoron then you have to probably consider that there is no such thing as a truly independent state - every state is interconnected to others on some level - trade, defence, political alliance, unofficial spheres of influence etc. I take your point but it suggests a possibility that only exists in theory, not practice.
Hopefully when the time comes Mark, we can make the arguement for staying out of or ceding from the EU, whichever is applicable and enjoying the status currently enjoyed by Norway and Switzerland.
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