Between Legal Assertions and Utopian Aspirations
Edited by Peter Hilpold
Chapter 6: Secession as a new constitutional problem: the question of independence in autonomy systems
In the last two decades secessionist claims became more and more a constitutional law perspective as several European states with highly developed autonomy systems have to deal with the request for territorial independence of some of their regions with differentiated cultural and linguistic identity. The author examines the concept of ‘negotiated independence’, that means constitutional provisions and procedures which envisage the establishment of a referendum on independence. She points out that such political arrangements within the existing constitutional framework have so far contributed to mitigate previously virulent secession struggles, especially if they are coupled with the expansion of regional autonomous rights.
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