25 October 2019
Constitutional Conflicts
Can the actions perpetrated by the leaders of the secessionist movement be understood to be crimes under Spanish law? Does the Spanish Constitution or international law protect those actions in the name of fundamental rights, including the right to protest? The Spanish Supreme Court deals with these issues in its lengthy opinion. A reply to José Luis Martí's assessment of that decision. Continue reading >>
4 
15 August 2018
Secessionism, Federalism and Constitutionalism in Ethiopia
On the morning of 4 August 2018, troops were seen taking over key positions in Jijiga, a capital city of the State of Somali, one of the constituent units of the Ethiopian federation. Heavily armed military vehicles were stationed outside the state parliament, the offices of state government and the state TV station. It was not an invasion by a foreign force. It was a federal intervention. Continue reading >>
0
03 April 2018
Spanische Tragödie
Über Carles Puigdemont, katalanische Identität, spanische Strafjustiz und europäisches Vertrauen: eine juristische Geschichte über Wahn und Wirklichkeit. Continue reading >>05 November 2017
Still not a Dictatorship: Spanish Law and Judiciary in Times of Constitutional Crisis
I write these lines after Carles Puigdemont, the deposed Catalan President, and part of his Government have fled to Brussels to evade Spanish justice, after eight ex-Consellers of the Government have been sent to pre-trial detention without bail, and after the appeal from the incarcerated presidents of two civil pro-independence associations ANC and Omnium to be released on conditional parole after 18 days of detention has been rejected. The scenario is terrible, also for those of us that believe that the only possible solution for this crisis is by political negotiation, and it could have been avoided. That being said – the assertion that Spain has turned into a repressive state or even a dictatorship is utterly groundless. Continue reading >>12 October 2017
Catalonia and Spain: A View from the Future Past
I am not suggesting Spain and Catalonia are headed for the same result as Yugoslavia and its republics. The conditions necessary for such a confrontation are simply not present. At the same time, the similarities do suggest danger of further escalation, with the possibility of unrest that should be taken seriously. Continue reading >>07 October 2017
Catalan secessionism faces the European Union
Catalan secessionists have constructed a hypothetical place for an independent […] Continue reading >>06 October 2017
Homage to Catalonia: How to Lift the Gridlock of Constitutional Crisis in Spain
83 years after the first proclamation of a Catalan State, Catalonia seems once again to be on the verge of unilaterally declaring its independence, giving cause to a grave constitutional crisis in Spain. Although, until now, the intransigence of both sides has led to this gridlock, there is always space for a compromise that could de-escalate the crisis. However, such compromise should be characterised by a number of principles that could help the two sides present the future agreement as a win-win situation. Continue reading >>28 September 2017
On Legal Aspects of the Independence Referendum of Iraqi Kurdistan
In the referendum held on 25 September 2017, the voters of the Kurdistan Regional Government of Iraq (KRG) went to the polls to decide whether they wanted an independent state. In this independence referendum, the voters were asked the following question: “Do you want the Kurdistan Region of Iraq (KRI) and Kurdistani territories that are outside KRI to become an independent state?” With a turnout around 72 %, more than 90% of the voters voted for independence. This note aims to provide a brief analysis on the legal nature of this referendum. For this purpose, I will first define the concept of the independence referendum in general and locate the Kurdish referendum within this concept. Then I will analyze the decision of the KRG to hold the independence referendum from both aspects of constitutional and international laws. Continue reading >>26 September 2017
The Catalunya Conundrum, Part 1: How Could Things Come to Such a Pass?
In a three-piece series of blog posts, I will focus on three issues: the different attempts made in recent years by Catalan secessionists parties trying to find a lawful way to ask the population about the independence of Catalonia and Spanish legal system’s responses blocking them; how this gridlock has led to a constitutional crisis in Spain and what could be possible solutions; and finally why concerns about the Spanish authorities’ reaction may be well founded, thus creating a potential conflict at the European level. Continue reading >>22 December 2016
From Greenland to Svalbard: Scotland’s quest for a differentiated Brexit
On 20 December 2016, the Scottish Government released its blueprint on how Scotland can remain in the European Single Market post-Brexit. From the governing SNP’s point of view, the paper can be seen as a compromise given that it does not advocate Scottish independence. Instead, it proposes that the best outcome for the UK as a whole is to remain in the European Economic Agreement following the ‘Norway model’. It recognises, however, that in the current political constellation this seems unlikely. So, it argues for the continued membership of Scotland in the European Single Market. Continue reading >>
0