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12.04.2013

Preguntes parlamentàries a la Comissió Europea sobre la secessió

Hi ha hagut, en els darrers deu anys i sobretot en els darrers mesos, diverses preguntes parlamentàries sobre la posició de la Comissió europea en cas d'una ampliació interna (la secessió de part d'un actual Estat membre). Els Tractats no en parlen i per tant el valor de les respostes és relatiu. Més aviat (i això és una apreciació meva) responen a la pressió dels Estats actuals sobre la Comissió (els portaveus dels quals han fet múltiples declaracions contràries entre ells i entre elles mateixes). Després de dir "The European Commission would express its opinion on the legal consequences under EC law upon request from a Member State detailing a precise scenario", però després, al meu entendre, fa intervencions que interfereixen descaradament en la política interna dels Estats membres, demanant un "No". Cap eurodiputat fins ara, que sàpiga, ha exposat aquest tema de la interferència davant del Parlament.
Si se m'ha escapat cap pregunta (i resposta) més sobre aquesta temàtica, m'ho podeu fer saber, amb un comentari? Gràcies!


Per continuar, clica a "Més informació" a sota, o aquí





Parliamentary questions
12 February 2004
P-0524/04



WRITTEN QUESTION by Eluned Morgan (PSE) to the Commission
Subject: The Constitution




Can the Commission confirm that, if a Member State were to divide as a result of a region democratically gaining independence, that the precedent set by Algeria would apply?
Can the Commission explain what exactly happened in the Algeria case?
Could the Commission confirm whether a newly independent region would have to leave the EU and then apply for accession afresh?
Would an application of this type require a renegotiation of the treaties at an IGC and the unanimous agreement of the 25 Member States?

Parliamentary questions
1 March 2004



Answer given by Mr Prodi on behalf of the Commission
The European Communities and the European Union have been established by the relevant treaties among the Member States. The treaties apply to the Member States (Article 299 of the EC Treaty). When a part of the territory of a Member State ceases to be a part of that state, e.g. because that territory becomes an independent state, the treaties will no longer apply to that territory. In other words, a newly independent region would, by the fact of its independence, become a third country with respect to the Union and the treaties would, from the day of its independence, not apply anymore on its territory.
Under article 49 of the Treaty on European Union, any European State which respects the principles set out in Article 6(1) of the Treaty on European Union may apply to become a member of the Union. An application of this type requires, if the application is accepted by the Council acting unanimously, a negotiation on an agreement between the Applicant State and the Member States on the conditions of admission and the adjustments to the treaties which such admission entails. This agreement is subject to ratification by all Member States and the Applicant State.

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Parliamentary questions
17 September 2012
E-008133/2012



Question for written answer to the Commission
Rule 117
Izaskun Bilbao Barandica (ALDE) , Ramon Tremosa i Balcells (ALDE) , Salvador Sedó i Alabart (PPE) and Raül Romeva i Rueda (Verts/ALE)
Subject:Secession within the Union and European citizenship




According to reports in the Spanish media, the Commission, in the person of an official representative, said on 11 September 2012 that, ‘there is no provision in the European treaties for the secession of a region from an existing Member State’. He went on to say that any secession process would have to ‘be dealt with according to international law’. Lastly he said that should secession occur, the new country must fulfil the conditions for EU membership, adding, ‘In the meantime, of course, this new territory is not part of the EU since it has to make a request for accession’. These statements were made in response to various questions asked concerning the demonstration held that day in Catalonia to celebrate the Catalan national day.
However, other legal interpretations, such as the so-called ‘internal enlargement’ state that it is the people and not the Member States who enjoy the rights of identity and nationality. Consequently, in the event of the democratic secession of a region by European citizens, the latter would retain their status since there is no provision to the contrary in the treaties. The paradox could become even greater if the new States meet the economic conditions to remain in the Union better than the Member States they have separated from.
1. Does the Commission believe that it is citizens and not Member States who enjoy the right of identity or citizenship?
2. If so and if new States are created as a result of democratic processes within the Union, what provision of the treaties could serve to expel from the EU people who are EU citizens and clearly state their wish to continue being so, albeit in the context of a new country?
3. What will be the Commission’s reaction to any such secession when the citizens affected clearly state their wish to remain in the EU?
Original language of question: ES
OJ C 308 E, 23/10/2013

Parliamentary questions
12 November 2012



Answer given by Mr Barroso on behalf of the Commission
It is not the role of the Commission to express a position on questions of internal organisation related to the constitutional arrangements in the Member States.
Concerning certain scenarios such as the separation of one part of a Member State or the creation of a new State, these would not be neutral as regards the EU Treaties. The Commission would express its opinion on the legal consequences under EC law, on request from a Member State detailing a precise scenario.
Concerning the general question of the accession of States to the European Union, the Commission recalls that this must be fully in line with the rules and procedures foreseen by the EU Treaties.
OJ C 308 E, 23/10/2013

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Parliamentary questions
8 October 2012
E-009009-12
Question for written answer to the Commission
Rule 117
Auke Zijlstra (NI)
 Subject:  Consequences of independence


The latest events in Spain show that Catalonia now has a real chance of becoming an independent state. This has been demonstrated by a number of opinion polls: for example, in a recent poll 51 % of Catalans surveyed said they would vote yes to independence.
1. Is the Commission aware of developments in Catalonia?
2. What is the Commission’s opinion on the legal position of Catalonia should it gain independence?
There seems to be an increasing possibility of similar splits occurring in other Member States, for instance in Belgium or the UK.
3. What would be the consequences in the view of the European Union should these scenarios become reality?
4. Would the new states have to apply for EU membership? If so, what would be the consequences should they not wish to do so? Could they renegotiate the terms?
                                                                                           OJ C 277 E, 26/09/2013

http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2012-009009&language=EN
Parliamentary questions
28 November 2012
E-008752/12E-008324/12E-009009/12
Joint answer given by Mr Barroso on behalf of the Commission
Written questions: E-008752/12, E-008324/12, E-009009/12
The Commission would refer the Honourable Member to its answer to Written Question E-008133/2012(1).



(1)http://www.europarl.europa.eu/plenary/en/parliamentary-questions.html
OJ C 277 E, 26/09/2013
                         
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Parliamentary questions
25 October 2012
P-009756-12



Question for written answer to the Commission
Rule 117
David Martin (S&D)
Subject: Independent states and EU membership




Can the Commission confirm whether it continues to hold the view, as expressed by Romano Prodi in 2004, that ‘when a part of the territory of a Member State ceases to be a part of that state, e.g. because that territory becomes an independent state, the treaties will no longer apply to that territory. In other words, a newly independent region would, by the fact of its independence, become a third country with respect to the Union and the treaties would, from the day of its independence, not apply any more on its territory’(1)?
(1)
Romano Prodi on behalf of the Commission, 1 March 2004 (OJ C 84, 3.4.2004), in response to Written Question P-0524/2004.


Parliamentary questions
29 October 2012
P-009862-12



Question for written answer to the Commission
Rule 117
Gerard Batten (EFD)
Subject: Status of the United Kingdom if Scotland leaves




Commission President José Manuel Barroso recently commented on BBC Radio 4’s World at One programme regarding the referendum on Scottish independence planned for 2014. President Barroso said that if Scotland were to leave the United Kingdom, then it would have to reapply for membership of the European Union.
If the Scottish electorate does indeed vote in 2014 to leave the United Kingdom and Scotland subsequently becomes an independent country, then that will change the nature of the United Kingdom itself.
When Britain joined the European Economic Community on 1 January 1973 it did so as the United Kingdom, comprising England, Scotland, Wales and Northern Ireland. If Scotland leaves the United Kingdom, then there is a question as to the legal status of the membership of both Scotland and the remainder of the UK.
The Commission is asked to answer the questions set out below.
Following the possible exit of Scotland from the United Kingdom as from 2014:
1. what would be the status of Scotland and of the remainder of the UK following their separation, and before any renegotiation with the EU had taken place? Would both countries cease to be members of the European Union until new terms had been agreed and new accession treaties signed? 
2. would Scotland have to reapply for membership of the European Union?
3. would the remainder of the United Kingdom have to reapply for membership of the European Union?
4.
would Scotland and the UK be obliged to join the European single currency (the euro), as new accession countries and under the terms laid down in the Treaty of Lisbon?

OJ C 310 E, 25/10/2013
   

Parliamentary questions
3 December 2012



Joint answer given by Mr Barroso on behalf of the Commission
Written questions: P-009756/12, P-009862/12
Yes. The legal context has not changed since 2004 as the Lisbon Treaty has not introduced any change in this respect. Therefore the Commission can confirm its position as expressed in 2004 in the reply to the Written Question P-0524/04(1).
(1)

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Parliamentary questions
30 September 2013
E-011131-13



Question for written answer to the Commission
Rule 117
Auke Zijlstra (NI)
Subject: Consequences of independence (follow-up)





According to Commission Vice-President Joaquin Almunia, if one part of the territory of a Member State decides to separate, the separated part is not a member of the European Union. This statement has been backed up by a senior Commission spokesperson, who stated that Commissioner Almunia’s assessment of the situation was in line with the Commission’s position and that, legally, a breakaway region would not be covered by the existing Treaties(1).
1. Is the Commission familiar with the above statements?
2. Was Commissioner Almunia speaking on behalf of the Commission, as a Commissioner or as a private individual?
3. Was Commissioner Almunia officially authorised by the Commission to express his opinion on the situation? If so, was this authorisation preceded by a formal evaluation of the current situation?
4. Had the Commission’s Legal Service already been requested to provide an assessment of the legal consequences of the separation of part of a Member State’s territory? If so, could the Commission share the results of this assessment?
5. Can the Commission see a difference between Commissioner Almunia’s statements and President Barroso’s reply to my Written Question E-009009/2012 on this matter? If so, which response represents the official and legal standpoint of the Commission?
(1)


Parliamentary questions
12 November 2013



Answer given by Mr Barroso on behalf of the Commission
As the Commission has noted in its reply to Written Question E-008133/2012, it is not its role to express a position on questions of internal organisation related to the constitutional arrangements of a particular Member State.
Scenarios such as the separation of one part of a Member State or the creation of a new state would not be neutral as regards the EU Treaties. The European Commission would express its opinion on the legal consequences under EC law upon request from a Member State detailing a precise scenario.
As the Commission has confirmed in the reply to written questions P-009756/2012 and P-009862/2012, the EU is founded on the Treaties which apply only to the Member States who have agreed and ratified them. If part of the territory of a Member State would cease to be part of that state because it were to become a new independent state, the Treaties would no longer apply to that territory. In other words, a new independent state would, by the fact of its independence, become a third country with respect to the EU and the Treaties would no longer apply on its territory.
Under Article 49 of the Treaty on European Union, any European state which respects the principles set out in Article 2 of the Treaty on European Union may apply to become a member of the EU. If the application is accepted by the Council acting unanimously, an agreement is then negotiated between the applicant state and the Member States on the conditions of admission and the adjustments to the Treaties which such admission entails. This agreement is subject to ratification by all Member States and the applicant state.
Last updated: 12 November 2013



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