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Parliamentary
questions
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12
February 2004
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WRITTEN
QUESTION by Eluned Morgan (PSE) to the Commission
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Subject:
The Constitution |
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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?
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Parliamentary
questions
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1
March 2004
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Answer
given by Mr Prodi on behalf of the Commission
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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
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17
September 2012
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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 |
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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?
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Parliamentary
questions
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12
November 2012
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Answer
given by Mr Barroso on behalf of the Commission
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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.
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OJ
C 308 E, 23/10/2013
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| Parliamentary questions | ||
| 8 October 2012 |
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| 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? | |||
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http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2012-009009&language=EN
| Parliamentary questions | |||||||
| 28 November 2012 |
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| 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).
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| OJ C 277 E, 26/09/2013 | |||||||
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Parliamentary
questions
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25
October 2012
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Question
for written answer to the Commission
Rule 117 David Martin (S&D) | ||
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Subject:
Independent states and EU membership |
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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)?
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Parliamentary
questions
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29
October 2012
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Question
for written answer to the Commission
Rule 117 Gerard Batten (EFD) | ||
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Subject:
Status of the United Kingdom if Scotland leaves |
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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:
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Parliamentary
questions
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3
December 2012
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Joint
answer given by Mr Barroso on behalf of the Commission
Written questions: P-009756/12, P-009862/12 |
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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).
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Parliamentary
questions
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30
September 2013
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Question
for written answer to the Commission
Rule 117 Auke Zijlstra (NI) | ||
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Subject:
Consequences of independence (follow-up) |
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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?
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Parliamentary
questions
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12
November 2013
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Answer
given by Mr Barroso on behalf of the Commission
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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.
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| Last updated: 12 November 2013 |
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