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Secession and EU Membership - Is an EU member state secessionist territory automatically within EU after archiving its independence or have to reapply for membership?

100%

Paço S.

Academicus. International Scientific Journal

2015

issue 12

147-154

One of the political goals of the EU in broad is the absorption of all European continent state in a sort of United States of Europe. Nowadays the EU counts 28 states and the perspective of enlargement is not stopped by the current economic crisis. The current situation after the just completed pro-EU revolution in Ukraine and the implementation of strong economic link with former USSR Transcaucasian Republics (Georgia, Armenia and Azerbaijan) may suggest the final number of state in the EU. Many people believe that the United States of Europe puzzle is nearly full defined … but a new kind of EU enlargement may change the situation. This paper will focus only in one question. “Is an EU Member state secessionist territory automatically in the EU after archiving its Independence or have to reapply?” To answer to this question I will analyses the possible past experiences in secessionist territory getting membership in international organization like UN. The Vienna Convention on Succession of States in Respect of Treaties is a good material to use in case of succession but the fact that is not in force and not signed by the greatest part of EU member state make it only advisory and not binding.

Sukcesja państw po rozpadzie Socjalistycznej Federacyjnej Republiki Jugosławii

75%

Szymanowska I. A.

Adam Mickiewicz University Law Review

2015

vol. 5

23-38

The Socialist Federal Republic of Yugoslavia ceased to exist in 1991, though some topics concerned with the succession of its constituent states were not regulated for a long time afterwards. This issue and the efforts to solve it were examined by the Arbitration Commission of the Peace Conference on the former Yugoslavia. When answering all the related questions, the Arbitration Commission used as a basis the 1978 Vienna Convention on the Succession of States in respect of Treaties and the 1983 Vienna Convention on the Succession of States in respect of State Property, Archives and Debts. The final solution to the problem of SFRY succession was found in 2001 when the Agreement on Succession Issues was signed, although it came into force three years later. There were no problems with the succession of citizenship. Under the 1974 Constitutional Act of SFRY, there were two citizenships in the federation – federal and republican. Therefore, after the breakup of Yugoslavia, republican citizenship became the citizenship of a new state.

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1 Academicus. International Scientific Journal

1 Adam Mickiewicz University Law Review

1 Paço S.

1 Szymanowska I. A.

2 2015

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Secession and EU Membership - Is an EU member state secessionist territory automatically within EU after archiving its independence or have to reapply for membership?

Sukcesja państw po rozpadzie Socjalistycznej Federacyjnej Republiki Jugosławii