Authors:Maria Laura Lanzillo Abstract: The Author presents the theoretical framework of this «Governare lapaura»’ issue on the Fear of Secession. Starting from the recent cases of the Brexit and the Catalonian referendum, the main goal of this issue is reflecting on the relationship between the political crisis of unitary State and the revival of secession. PubDate: 2017-11-29 DOI: 10.6092/issn.1974-4935/7511
Authors:Mauro Barberis Abstract: The recent Catalanian crisis raises three issues, each of which is dealt with in a section of this intervention. First, the issue of a proper reconstruction of facts, which attributes the responsability to Spanish nationalism no less than Catalonian one. Second, the issue of a sociopolitical interpretation of Catalonian events, in a context charachterized by the difficulty of the various national establishments to handle the global challenges and the emergence of so-called populist movements. Third, the issue of a legal-constitutional way-out, which could only consist of a federalist compromise. A very narrow way-out, however, entrusted more to the institutional fancy of jurists than to the agenzy of politicians. PubDate: 2017-11-29 DOI: 10.6092/issn.1974-4935/7512
Authors:Giuseppe Martinico Abstract: This short essay explores the importance of fear and violence in the genesis and life of constitutions, with a particular focus on the case of secession. Secession has been seen as a taboo (Mancini) and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an extra legal fact. A turning point has been represented by the famous Reference of the Canadian Supreme Court on Québec.Finally, in the last part of this work I shall try to present some arguments in favour of the explicit constitutionalization of a secession clause in multi-national federalisms. PubDate: 2017-11-29 DOI: 10.6092/issn.1974-4935/7513
Authors:Costanza Margiotta Abstract: This essay explores the fear of secession in two different context: the exit of a member State from EU and the secession of a territorially concentrated group from a member State of the EU. The case of the recent Brexit and the crisis in Catalonia are taken as case studies to comprehend theoretically which secession could «constitute» EU as a Federation. In the second part, I exemplify how from the international perspective secession can be considered as an «ultimate right» and that if one can talk of such a thing as legality when referring to secession that can be done only in the sense of a liminal legality: a legality that reside in the border area between the internal and the international legal order. In the last part of the essay, I shall try to use Catalonia as test to evaluate both the opinion of the International Court of Justice on Kosovo and the famous Reference of the Canadian Supreme Court on Québec. In the conclusion of the essay, I will also verify if Catalonia can be read through the lens of the Just-Cause Theories of Secession. PubDate: 2017-11-29 DOI: 10.6092/issn.1974-4935/7514
Authors:Federico Ortino Abstract: Since the EU referendum took place in June 2016, the British government’s task to implementing the vote to leave the EU has been monumental. With regard to the future trade relationship with the EU27, the British government has proposed a ‘bold and ambitious’ free trade agreement aimed at the ‘freest and most frictionless trade possible’. The complexity of achieving such an agreement within the limited timeframe available has generated lot of controversy, uncertainty and anxiety. The aim of the paper is to bring some clarity with regard to the challenges ahead. A proper appreciation of these challenges is key in order for a transparent, inclusive and realistic debate about the objectives, features and timeframe of the future UK-EU trade agreement. PubDate: 2017-11-29 DOI: 10.6092/issn.1974-4935/7515
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