The
Swiss newspaper Snow Zürcher Zeitung published an article by Bardo
Fassbender , professor of international law, European law and public law
at the University of St. Gallen (Switzerland ) on the process of
independence of Catalonia . This
paper outlines the consequences of Fassbender independence membership
in the EU and analyzes the Spanish strategy to oppose the query. You 're invited excerpts :
'
Before the end of 2014 , the Catalan regional government under
President Artur Mas will hold a referendum on independence for the
region , although the Spanish central government has rejected a
referendum unconstitutional . Against
the independence movement , however, has launched a compelling argument
: an independent Catalonia would leave the EU " automatically ." A
(re) inclusion in the Union, but , according to the EU treaties ,
should be agreed unanimously by all member states , including Spain ,
which certainly would refuse their consent , with disastrous economic
consequences for the region. '' It is true that in the case of secession from Spain, Catalonia would not remain " automatically " in the EU. While
Spain , despite the loss of territory and population , maintain their
membership in the EU, Catalonia , despite its ancient condition of
statehood until the eighteenth century , would , according to
international law , a new state without binding contract with the EU. ''
But Barroso incorrect positioning whereby Catalonia would be " any
other state " at the time of joining the EU. Because the legislation set
out in Article 49 of the Treaty on European Union ( TEU ) was written with
a view to the accession of a third state "real" , that is, a state that
until then had been outside the territory of the Union. 's ability to
input a state that it was caused by the
separation of a member state was not taken into account in the Treaty.
Therefore , as in the case of the accession of Catalonia should take
into account special circumstances , can only be taken as reference to Article 49 in that analogy . 'The EU legislation provides no basis for such sanctions as it does not prohibit secession. There
is in any case on the separation of a territory of a member state , nor
is silent on the question of an association of member states. Union
" respects " safeguarding territorial integrity as a task of each
member state , and in order to ensure the integrity of the outer Union
itself . But it defends its citizens and peoples , each other , within existing state borders in the EU . ''
Also European citizenship , which was introduced in 1992 in Maastricht ,
which dates back to the Treaty of economic freedoms and individual
rights of the Charter of Fundamental Rights of the EU, against the right
to veto a unilateral commitment . Because
the EU , as emphasized by the European Court in the judgment They
Gender & Loos in 1963 , is a new legal international law "in the
subject of law are not only Member States but also their individual " . Consequently, Community law confers on individuals rights which become part of their " legal heritage ." The Law of the European Union states that all people once they are carriers of these individual rights can keep them . ''
It is incompatible with the " process of achieving ever closer union
among the peoples of Europe" ( Preamble of the EU Treaty ) exclusion as
punishment of a people who decide their independence through democratic
procedures and constitutional . '' It is understandable that the EU institutions to support Spain as a member state in conflict with Catalonia . But we should expect that , if true independence of Catalonia , promote accession to the EU of the new country . Any
other form of action could damage not only the goals and values of
the Union, but also lead , in view of the economic strength of Catalonia
and its role as an investment destination and transit country ,
drawbacks for Member States of the EU. '