EU-Mitgliedschaft und Abspaltung

The author takes up the intriguing, topical but little-studied question of the consequences of secession from an EU member state and works out – in this breadth and depth – a new approach: While, after a vote for independence in a referendum, not-yet independent consensually separating regions can claim the opening of immediate accession negotiations against the EU and its member states with regard to their future independence to prevent protection gaps for the region and union citizens, this cannot apply to unilaterally seceding regions. The author finishes by looking more closely at the right, if any, of the rump state and other EU member states to veto an EU membership of the new state. In doing so, the author raises important follow-up questions about currency union, the Schengen regime, and corresponding opt-outs and illustrates his points with frequent references to the UK/Scotland and Spain/Catalonia.