European Union Law Q&A 2003-2004 5 e (Q & a Series)
Although participation to EMU is mandatory for all EU Member States, it does not derive automatically from EU membership, being instead subject to conditionality outside the enlargement process. Starting from the premise that the Treaty is silent on the possibility of an internal EMU enlargement, it has been argued that, unless the Treaty were to be amended, state entities created through secession from EMU-participating Member States would have to follow the same path to EMU accession as their precursors, despite having formerly been part of an EMU-participating Member State.
The legally obligatory character of EMU accession, as a contractual obligation derived from EU membership, has also been drawn attention to. One final remark is apposite on the implications of the crisis-driven process of European integration for the secession debate. The gradual pooling of sovereignty among EU and EMU Member States over so broad a range of core issues from monetary policy and banking supervision to fiscal competences, bank resolution and deposit insurance accelerated by the sovereign debt crisis may, perhaps, call into question the rationale and practical impact of secession, casting it in the light of an oddity, at a time of ever closer EU and EMU convergence.
Given their import, the institutional, legal, economic, and budgetary consequences of EU and EMU accession, including future changes towards further transfers of sovereignty on account of the fallout of the European sovereign debt crisis, would need to be explained to and understood by public opinion in any of the Member States where secession is on the table. Without clarity and transparency on the issues touched on above there is a risk of decisions being taken the practical consequences of which have not been exhaustively thought through despite the existence of readily available legal tools through which to come to the right conclusions.
Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Sign In or Create an Account. Sign In.
- Iron and Steamship Archaeology: Success and Failure on the S S Xantho (The Springer Series in Underwater Archaeology).
- The Dynamics of Ancient Empires: State Power from Assyria to Byzantium (Oxford Series in Ecology and Evolution)!
- Introductory Hebrew grammar syntax.
- Indian Cookery (Bay Books Cookery Collection).
- Shadows at Dawn: An Apache Massacre and the Violence of History (The Penguin History of American Life).
- Dont Think of an Elephant! Know Your Values and Frame the Debate.
Advanced Search. Article Navigation. Close mobile search navigation Article Navigation. Volume Article Contents. Concluding remarks. EU Accession from Within? An Introduction Phoebus Athanassiou.
Download E-books European Union Law Q&A 5 e (Q & a Series) PDF - Home Library
Oxford Academic. Google Scholar. E-mail: SLaulhe-Shaelou uclan. The views expressed in this paper are solely those of the authors, and do not necessarily reflect the views of their respective institutions. Cite Citation. Permissions Icon Permissions. Euro Adoption Procedure and Implications i Introductory Remarks One of the recurring questions in the public debate surrounding the issue of secession is whether a newly created state entity would be under a legal obligation to formally adopt the single currency after joining the EU.
Concluding remarks The aim of this paper has been to make a modest but informed contribution to the debate regarding secession and its consequences for EU membership. For an account of Art. On the relevance of Art. In case of the independence of a seceding entity rather than of EU withdrawal it would not be possible for the Council to reflect on the practice of Art. Contra Edward, who has expressed the view that Art. Also see Crawford and Boyle n 15 For its part, Art. There is, however, no mention in Article TFEU of the territories of certain Member States in particular, there is no reference to the possibility for Spanish or British territories to benefit from the passerelle clause.
Despite being an autonomous territory since , Greenland remains part of Denmark and has yet to gain independence see Blockmans n 22 —14; and Crawford and Boyle n 15 In the case of the Council, the main rules on voting weights are based on population and, as of , automatically take into consideration a drop in population of a Member State see Art.
In theory, any other hypothetical change to primary law outside of the scope of the EU accession process would need to be addressed through one of the revision procedures ie under Art. It is logical to assume that any Treaty changes made on the basis of Art. O TEU now Art. For a legal analysis of former Art.
The Treaty of Lisbon has now advanced further this exercise of codification of past practices and routines with respect to the EU enlargement policy including through an express reference in Art. Enlarging the EU Longman, London A consensus between the rump Member State and the new State entity would need to be found in order for the accession process to proceed.
The exercise of this power would inevitably raise proportionality issues see Tridimas n 34 No Treaty revision was therefore necessary in the German case. See also Peers n 11 17 and fn 5, For a critical analysis of Art. There can also be procedural and substantive barriers hampering good and prompt progress towards accession, inherent in Art.
Unlike in the case of the activation of the exit clause, the EU accession of a newly created state entity could not be deemed to have occurred upon the expiry of a specific period of time hence the absence of any express reference to a timeframe in Art. The reference to Algeria in the Treaties was subsequently deleted by the Maastricht Treaty; see Peers n 11 , Such negotiations would, however, need to remain informal , as the EU can only negotiate with a state recognized as such under PIL.
The recently announced plans of the Maltese authorities to sell Maltese passports to wealthy non-EU nationals, allowing them to become established across the EU, is telling of the lingering perception of nationality law as an issue of domestic interest, despite its immediate link to EU citizenship. Such a move could, however, affect the legal status of the Union citizen as far as the enjoyment of rights is concerned. These are two concepts which are both inextricably linked and independent [fn omitted]. Also see Kochenov n 27 The case was originally brought against Serbia-Montenegro and then against Montenegro and Serbia separately.
Montenegro joined the Council of Europe as a new state on 11 May , in accordance with Art. It is, therefore, quite different from accession to the EU, on the basis of Art. The authors acknowledge that the concepts of state continuity and succession are not amenable to precise definition.
Similar arguments have been advanced with regard to a potential secession of Catalonia from Spain in this regard see Happold n 12 1—2. These rights arise not only where they are expressly granted by the Treaty, but also by reason of obligations which the Treaty imposes in a clearly defined way upon individuals as well as upon the Member States and upon the Institutions of the Community. Countries which unilaterally introduce the euro would do so in their responsibility and at their own risk, without committing the EU or the ECB. Prior agreement with the EU would be required.
Winkler et al. There is, however, a precedent of such an agreement having been entered into with an EU Member State , acting for the benefit of one of its overseas collectivities see Part II, section B of this paper. The Treaties are applicable in theory to the entire territory of the Member States, including overseas or dependent territories and to any territories for whose external relations a Member State is responsible Art.
For an up-to-date and in-depth legal analysis of the status of territories associated to EU Member States, see Kochenov ed. Because the issue of euro area membership has already been decided as part of the EU membership package, it cannot be reopened. Within the framework of ERM II, exchange rate stability is explicitly subordinated to the primary objective of price stability for all participating currencies.
Where operations can be carried out more effectively if directly handled by the ECB, the ECB will instead act in a centralized manner. It is noted that the principle of decentralization applies to operations only, while decision-making and legislation remain centralized. Any other coaching guidance? Don't have an account? The police station in Irun, a border town between the Spanish and French states, has the highest inter-annual data of arrests of foreigners in irregular situations when compared to other police stations in the Basque Country.
This pattern, of which many are unaware, is due to police identity checks in the border surroundings. The place where the border barrier was once, was occupied by a car toll booth constructed with a very particular structure: as a border, with cabins for police officers.
In addition, the data for border readmission between these two states, under an agreement signed in , requires special attention: , people were deported across the Northern border. This case study on the Spanish-French border will shed some light on a disregarded topic: internal borders. Regulation in these areas is diverse. Many exceptions and specificities apply, in parallel or alternatively to the ordinary immigration rules, as a matter of exception to the law. In considering this, we need to rethink the image of a borderless Europe as stated by the Schengen agreement.
http://aultenergy.com/media/story/tav-sister-dog.php The eu internal borders have never disappeared, but have mutated into a police managed model of internal borders. Alscher S. Balibar E. Politics and the other scene London : Verso. Barbero I. Orientalising citizenship: the legitimation of immigration regimes in the European Union. Citizenship studies 16 5—6 — Bigo D. Tsoukala eds Terror Insecurity and Liberty. Brouwer S. Carrera E.
- The Walking Dead #13.
- Routledge-Cavendish - books from this publisher (ISBNs begin with ).
- Seismic Migration: Imaging of Acoustic Energy by Wave Field Extrapolation?
Guild E. Guittet J. Scherrer Bray Z. Breen D. Carling J.
Carr M. Carrera S. Guild Chueca A. Aguelo I. Almandoz J. Batalla Ferrer-Gallardo X. Security and Migration in the 21st Century Cambridge : Polity. Carrera L. Groenendijk E. Brouwer D. Bigo J. Internal border controls in the Schengen area. Section of Criminal Law. Section of Family Law. Section of Insurance, Negligence and Compensation Law. Section of Intellectual Property Law.
Section of International and Comparative Law. Section of Labor and Employment Law. Section of Labor Relations Law. Section of Labor Relations Section of Local Government Law. Section of Mineral and Natural Resources Law. Section of Municipal Law. Summary of Proceedings of the First Annual Section of Patent, Trademark and Copyright Law.
Section of Taxation. Committee on Municipal Law Section. Courts Reports; American Law Times. Philadelphia, Pa: C. Conrad, All Published. Back to top. Getzville: William S. Precedes Canadian Bar Review.