欧盟对加泰罗尼亚分离主义进程的回应

IF 2.9 2区社会学 Q1 LAW Hague Journal on the Rule of Law Pub Date : 2024-03-06 DOI:10.1007/s40803-024-00202-x

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引用次数: 0

摘要

摘要《欧盟条约》第 4.2 条规定，欧盟尊重每个成员国确保其领土完整的专属权利。没有一个欧盟成员国允许部分人口通过全民公决来决定国家领土。欧盟委员会和欧洲理事会已经认识到，一个成员国分离的后果是将新国家置于欧盟之外。是否保留欧洲公民身份不是欧洲法律的问题，而是国家法律的问题，因为欧洲公民身份是对成员国国籍的自动补充。欧盟委员会和欧洲理事会对加泰罗尼亚当局非法公投和宣布独立的立场是支持西班牙参议院授权的宪法干预机制。民族主义削弱了国家的凝聚力，破坏了公民的平等，从而侵蚀了一体化进程。

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The European Union’s Response to the Catalan Secessionist Process

Abstract

Article 4.2 TEU enshrines the EU’s respect for the exclusive right of each Member State to ensure its territorial integrity. No EU Member State allows referendums for part of the population to decide on the national territory. The Commission and European Council have recognized that the effect of a secession in a Member State is to leave the new state outside the EU. Whether or not European citizenship is retained is a matter not of European but national law, as European citizenship is an automatic complement to the nationality of a Member State. The position of the Commission and the European Council regarding the Catalan authorities’ illegal referendum and declaration of independence was to support the constitutional mechanism for intervention authorized by the Spanish Senate. Nationalisms erode the integration process by weakening the cohesion of states and undermining the equality of their citizens.

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来源期刊

Hague Journal on the Rule of Law LAW-

CiteScore

4.10

自引率

18.20%

发文量

期刊介绍： The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.