'It is not lawful to stoke fear!' Article about Catalonia Bardo Fassbender in a Swiss newspaper

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. '