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Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism

Siliquini-Cinelli, Luca and Schütte, Béatrice 2015, Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism, Chicago-Kent journal of international and comparative law, vol. 15, no. 2, pp. 1-31.

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Title Conceptualizing The Schmittian ‘Exception’ in the European Union: from the ‘Opt-Out’ Procedure(S) to indirect forms of secessionism
Author(s) Siliquini-Cinelli, Luca
Schütte, Béatrice
Journal name Chicago-Kent journal of international and comparative law
Volume number 15
Issue number 2
Start page 1
End page 31
Total pages 31
Publisher Chicago-Kent College of Law
Place of publication Chicago, Ill.
Publication date 2015-04
ISSN 1535-1785
Keyword(s) EU law
opt-out procedures
Carl Schmitt
Summary Too often, legal and sociopolitical scholars concerned with European policies anddecision-making procedures focus their efforts only on the official essence ofconventional opt-out forms of nonparticipation in the European integration process,such as those established in the Treaty of Lisbon. Yet, far from being just an internalmatter, the independentist instances which informed the Scottish referendum had asignificant impact on delicate issues of EU law, biopolitics, political anthropology,political theology, and foreign policy which deserve to be properly addressed. Thenecessity of conducting such an analysis is self-evident, and mainly related to thepossibility that the Scottish experience may be soon replicated, with different results,in the Italian regions of Venetia, Sardinia, and Lombardy, and in the Spanishcommunity of Catalonia. Delving into this dimension through Schmitt’s politicaldecisionism and adopting a comparative and interdisciplinary approach thattranscends the limits of pure positivistic and analytical lines of inquiry, this paperpresents a country’s choice to leave the EU or stop cooperating with it through thedirect opt-out mechanisms officially regulated in its Treaties, or through indirectforms of secessionism, in terms of an ‘exceptional’ act of sovereign will.
Language eng
Field of Research 180106 Comparative Law
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category CN Other journal article
Copyright notice ©2015, Chicago-Kent College of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30074827

Document type: Journal Article
Collection: Law
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