The proposed regulation stipulates that the EU is to mediate in processes of self-determination lacking mutual agreement and guarantees that the people of the newly independent nations maintain European citizenship
A group of MEPs from several parties defending the right to self-determination, including Jordi Solé and Diana Riba of Esquerra Republicana de Catalunya, on Tuesday presented a proposal in Strasbourg for European legislation establishing the democratic framework for stateless nations in the European Union to democratically implement the right to self-determination and become a new state of the Union without their citizens losing any of the rights and freedoms associated with European citizenship.
“Self-determination is not an internal matter for each member state: the EU has a role because it concerns the exercise of the democratic rights of EU citizens, it takes place in EU territory, and it concerns the configuration of the EU itself,” said Mr Solé at the press conference where the proposal was presented.
The draft presented by the MEPs who make up the Self-Determination Caucus group stipulates that the EU must provide a framework of democratic guarantees for self-determination processes in order to respect certain essential principles such as pluralism and diversity, outlawing the illegitimate use of violence and the abuse of power, and whereby rights and freedoms and the principle of non-discrimination are to be protected, providing legal certainty in territories that democratically opt for secession from the member state and, at the same time, wish to remain part of the EU, which is to act as a mediator in the event that there is no goodwill cooperation by the state.
“The regulation we present shows that there is no need to change a single comma of the European treaties to accommodate the recognition of self-determination processes within the EU. The proposal fits with the current European legal framework because it concerns the protection of fundamental rights,” added Mr Solé.
The draft – titled Proposal for a EU Regulation Establishing Framework to Guarantee the Equal Protection of Rights and Freedoms of European Citizenship in Cases of Democratic Exercise of the Right of Self Determination within the European Union – was commissioned by MEPs François Alfonsi (Greens/ALE), Pernando Barrena (The Left), Izaskun Bilbao (Renew), Chris McManus (The Left), Ana Miranda (Greens/ALE), Jordi Solé (Greens/ALE) and Diana Riba (Greens/ALE), and has been drafted by a team of academics headed by lecturer in Public Law Dr Elisenda Casanas Adam, LL.M, PhD, and made up of Zelai Nikolas, Marc Sanjaume, Maite Zelaia, Mario Zubiaga, and Jaume López.