Территориальная целостность и сецессия: конституционно-правовое исследование

• Main Authors: Costromitchii, A., Костромицкий, А.
• Format: Article in Journal/Newspaper
• Language: Russian
• Published: 2023
• Subjects: political status of subnational territories; territorial integrity; secession; referendum; Faroe Islands; Greenland
• Online Access: https://ibn.idsi.md/vizualizare_articol/202946; https://doi.org/10.5281/zenodo.8414046

Secession is a historical phenomenon. This means that basically since the beginning of modernity, when states were formed and built, there have been political movements that have aimed to achieve secession from the political organization of which they are a part. It is therefore appropriate to use a broad concept, covering situations ranging from the first segregations in the old colonial powers in the 18th and 19th centuries to the dissolution of the former Yugoslavia at the end of the 20th decade. When states were attempted to be established based on former political formations, as in Germany or in Austria and Italy, self-determination was the result of an adaptation of the Kantian thesis of individual autonomy to a national or collective fact. In Europe, irredentism has always been associated with the principle of nationalities. In many cases, it is a random connection, because as we know, a nation is a human creation. But letrsquo;s leave that aside. It is important to note that todayrsquo;s separatist demands may have ethnic or cultural overtones, but they are usually associated with the need to protect other interests, often of an economic nature. That is why it is so difficult, by traditional standards, to draw a common line between the situations in Scotland and Catalonia or the Faroe Islands and Greenland. In many respects because in the center of institutionalized Europe, after seeing how the principle of nationalities influenced two world wars, a reasonable and satisfactory system of protection of national minorities was created. Territorial integrity has been central to peace and progress in Europe since the 1950s, and normative documents drawn up by the Council of Europe, the OSCE and the European Union itself have established normative guidelines of varying intensity to ensure adequate treatment of national minorities in domestic constitutional systems. This led to constitutionally guaranteed decisions on regional and federal autonomy, which made it possible to ensure the effective protection and ...