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Introduction
Nikos Skoutaris is a Professor of European Constitutional Law at the University of East Anglia (UEA). His work analyses how the EU constitutional order recognises and accommodates different aspects of the right to self-determination. Recently his research has focused on the implications of Brexit for the right to internal and external self-determination of the UK constituent nations that voted to remain in the EU.
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Publications
Publications (48)
This is a book on the interrelationship of the EU legal order and the Cyprus issue. The book addresses a question which is of great significance for the legal order of the EU (as well as for Cypriots, Turks and Greeks), namely how the Union deals with the de facto division of the island.
Despite the partial normalisation of relations between the tw...
On March 1, 2010, the Strasbourg Court delivered its decision in Demopoulos v Turkey. With this judgment, the Court allowed the building of what could be consideredto be a transitionaljustice mechanism for the settlement of the property aspect of the Cyprus issue. Thus, it influenced the fragile balance in the current negotiations for the reunfIcat...
Since its establishment, the European Union (EU) has been living in a state of perpetual crisis. The withdrawal of the United Kingdom (UK) brought to the fore the centrifugal dynamics that the Union has been facing. At the same time, “the notion of an issue-based withdrawal from the overarching ‘federal’ pact—what is often referred to in American c...
Although Article 3(5) of the Treaty on European Union (TEU) declares that the aim of the EU is ‘to promote peace, its values and the well-being of its peoples’, its actual record in catalysing conflict resolution is rather mixed. However, it has been particularly successful in accommodating territorial contestation within its borders and in its imm...
The Article provides a holistic account of the legal mechanisms that allow the EU to accommodate all three forms of secession that may take place within its borders: internal secession, external secession and withdrawal from the EU itself. Despite conventional wisdom, this Article suggests that, provided that such secessionist processes conform wit...
The decision of the UK Government to withdraw from the European Union (EU), the single market and the customs union, has left the two constituent nations that voted to remain in the Brexit referendum with a hard choice. Will they continue to be part of the UK or will they try to re-accede to the European Union? The chapter aims at analysing this qu...
The paper problematises the role of the European Union in territorial sovereignty conflicts. It points to the inherent characteristics of the Union constitutional structure that constrain the EU from becoming more active in the resolution of Territorial Sovereignty Conflicts within its borders. At the same time, it suggests that there is space for...
In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht.
The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight w...
The quest for peace, democracy and political stability has led a number of divided societies in Europe to opt for arrangements that entail segmental autonomy in order to accommodate ethnic diversity, avoid secession or even civil war. Although there are various institutional devices through which this idea can be implemented, in practice, one of it...
The decision of the UK Government to withdraw from the single market and the EU customs union after the end of the transition period has presented a significant challenge for the frictionless nature of the Irish territorial border. To effectively deal with this, several differentiated arrangements have been suggested for Northern Ireland. A number...
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The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations...
The EU-UK Joint Report of December 2017 recognised the possibility for a differentiated Brexit that would allow Northern Ireland to maintain a special relationship with the EU. Such an arrangement could occur if addressing the challenge of the Irish border through the overall future EU-UK relationship proves impossible and if the specific technolog...
In the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out agains...
It has been argued that the European Union can have a positive impact on intrastate conflicts by linking the final outcome of the conflict to a certain degree of integration of the parties involved into European structures. According to this argument, it is the impact of conditionality and socialisation that might have a ‘catalytic’ effect on confl...
The principle of bicommunality has been advanced as a founding feature of state-building in Cyprus. The aim of this article is to provide a systematic account of the different variations of the bicommunal principle enshrined in the Constitution of the Republic of Cyprus and in the Annan Plan as the most comprehensive proposal for the reunification...
In the Brexit referendum of 23 June 2016, England and Wales voted to leave the EU, while Scotland and Northern Ireland voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing EU presence of the UK constituent nations that do not want to be taken out against their will. This paper explores tw...
Foreign affairs have been traditionally seen as an exclusive competence of central
governments. However, over the last 30 years, European paradiplomacy has been
progressively developing not least because of the institutional opportunities that the Union
composite constitutional order provides for the participation of the regional tier in its
decisi...
Lijphart ha argumentado que “para las sociedades divididas garantizar la elección de
una legislatura ampliamente representativa debe ser la consideración fundamental y,
sin duda, la mejor manera de hacerlo es la R[epresentación] P[roporcional].” (Lijphart
2008). A pesar de esta afirmación, los estados plurinacionales de Europa han utilizado
una ser...
SchützeRobert, From Dual to Cooperative Federalism: The Changing Structure of European Law (Oxford University Press2009) 391 p., ISBN 978-0-19-923-8583 - Volume 7 Issue 2 - Nikos Skoutaris
