POSTS BY Carlos Closa Montero

The Green Pact and Rule of Law in the EU

The governments of 13 EU member states have signed a letter calling for a “green” way out of the COVID-19 crisis (although the Czech government has asked the EU to “forget” about its Green Pact). Interesting as this initiative may be, the EU must ensure that it does not become an instrument that undermines the fight for the rule of law in the EU. The history advises us to be vigilant because EU funds may become a useful instrument in hands of illiberal governments.

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Catalan secessionism faces the European Union

Catalan secessionists have constructed a hypothetical place for an independent Catalonia within the EU on the basis of three explicit assumptions.1)See on this issue Carlos Closa (ed.) Secession from a Member State and Withdrawal from the European Union;Troubled Membership, Cambridge University Press 2017 They assume, firstly, that the EU will treat their demands sympathetically. This […]

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Is Article 50 Reversible? On Politics Beyond Legal Doctrine

Can the United Kingdom, once it has declared its withdrawal from the EU, revoke this decision later on? This question is at the core of the ongoing case before the UK Supreme Court on Art. 50 TEU. I argue that revocability fits neatly in the letter and spirit of article 50 because of formal and substantive reasons. I further content that the Supreme Court decision may create a bifurcation in which interpretation of a key TEU provision may become purely an issue of domestic law. However, I further content that actors’ political decisions have progressively framed a situation in which revocability does not seem politically possible.

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Scotland and the EU: Comment by CARLOS CLOSA

No one disagrees that an independent Scotland qualifies for EU membership and that it would no doubt become an EU member state. Why then is there so much normative argument around “seamless transition”? It may or may not happen and, should it come it pass, I believe that it may be a good thing, albeit that I fail to see a “normative” case which supports it. Why should third parties guarantee to a self-determining self that its constitutive decision will be costless regardless of any other consideration? This would deprive citizenship of an essential responsibility for decisions taken which I consider indispensable to democracy.

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