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The Temporal Paradox of Regions in the EU Seeking Independence: Contraction and Fragmentation versus Widening and Deepening?
Author(s) -
Chamon Merijn,
Van der Loo Guillaume
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12057
Subject(s) - accession , jurisprudence , independence (probability theory) , member states , political science , fragmentation (computing) , state (computer science) , secession , law , law and economics , european union , sociology , business , international trade , statistics , mathematics , algorithm , politics , computer science , operating system
This article investigates the possibility of regional entities within EU M ember S tates to become EU M ember S tates in their own right following their secession from their mother state. International law does not automatically allow such regions to remain EU M ember S tates since it refers this issue back to the constituent instruments of international organisations and a reading of both the EU T reaties and the ECJ 's jurisprudence seems to preclude such a ‘continued membership’. The article then further explores the legal issues which could arise during the accession process of the newly independent state. After suggesting solutions to bridge the gap between its secession and its own EU membership, it is argued that the key challenge for such a region would be to ensure a smooth transition, without the loss of prerogatives under EU law, from being an EU region to an EU M ember S tate proper.