The Thousand Cataluñas of Europe

European Papers

Enzo Cannizzaro¹ 

[1] University of Rome "La Sapienza";

关键词: cataluñas;    independence;    spanish constitutional law;    secession in international law;    european union;    pluralistic representation of states;   

DOI  :  10.15166/2499-8249/164

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 463-466 | Editorial | (Abstract) Irrespective of the perspective from which one looks at the Catalonian events, which are still unfolding under our incredulous eyes, the impression can only be univocal: Spain is right and Catalonia is wrong. The claim of the Spanish Government to preserve the unity of the nation is well founded; conversely, the independence proclaimed by the Catalonian Government amounts to an extra ordinem revolutionary act. This is the conclusion that must be naturally drawn from an inquiry conducted on the basis of Spanish Constitutional law. This would inevitably also be the conclusion to be drawn from an international law perspective. The question thus arises as to whether in European law this monolithic representation of statehood can be attenuated in favour of institutional solutions that reflect more faithfully the pluralistic nature of the modern forms of State. The adoption of a pluralistic representation of States within the EU, and in particular, a transformation of the composition of the Council into a permanent body, including not only representatives of the Governments of the Member States, but also of their National Parliaments and, where present, also of their sub-national communities, may considerably defuse the tendency to independentism that is still present around Europe.

【 授权许可】

Unknown