European integration and a problem of separatism / case of Catalonia, the Basque Country and Galicia

However, with respect to the article by Merijn Chamon and Guillaume Van Der Loo (2014), secessionist movements create legal problems within the European Law system and for the EU. Separatist can take for granted the EU membership and the benefits that this membership guarantees. Most of the separatist regions consider retaining the EU membership after declaration of independence to be natural and inherent. Negotiated secession based on the processes that are constitutional and represent the democratic and legitimate principles can be justified by the Article 2 of the Treaties. What is more, for the European Union it is precarious to exclude the separatist regions from the European Union due to the fact that many of seceded regions are wealthy and economically developed. The European integration and its processes would appear to be in a disadvantageous position, if the EU withdrew membership of such newly formed states. These regions use Euro as currency, live under the EU Constitution and law, and a part of the European market.

Even though the separatist regions claim access to the European Union's institutions and EU membership, according to the European Commission the newly independent regional governments may have to request to become a member of and enter the organization. Many EU member-states may deny application of these new states in order to eliminate the risk of their separatist regions trying to attain independence. However, if the number of the regions seeking secession significantly increases, and the unwillingness of the member-states to accept the new governments remains, the likelihood of the disruption of the European Union increases to a great extent (Chamon & Van Der Loo, 2014). Since consent of all members is required, the accession into the organization may be limited. Some countries may decline access in order to avoid setting a precedent for their own regions.

Consequently, the EU faces dilemma between its desire to avoid disintegration and the right of its members to territorial integrity and sovereignty. If the separatist governments of the new smaller states get accepted into the EU, the legal complications and challenges might appear.

4.4 European integration as a reason for an increased separatist movements in the EU

Regions that seek independence from the host state are usually inhabited by the minority groups that regard themselves to be distinct from the rest of the country. The strategy and the idea behind most separatist movements is that they do not want to be under the jurisdiction of the larger parent state, but they want to remain the member of the European Union as they actually appreciate the opportunities that they might have within the institution. The EU has an appeal and a widespread respect among member-states and among regional actors. European integration has evidently contributed to the minority rights' protection and granted voice to the regions.

The principle of subsidiarity is among one of the fundamental principles upon which the European integration has been enforced. The meaning of subsidiarity is that all issues which could be resolved at the local level, should be resolved by the local actors. The issues should be treated at the most immediate layer of authority. If it is impossible to deal with the problem at the local level, then it is necessary to proceed to the state power or even to the European Union.

The level of intervention that is accepted by this principle is that which is the most appropriate. The European Union or the state may intervene if their actions seem to produce rapid and more effective outcome. If regions have enough competences to act upon an issue, then the state does not need to intervene to the regional affairs. Some argue that the principle of subsidiarity may encourage secessionist movement due to the fact that regions may appear to be self-sufficient. Some regions may have developed comprehensive competences and consider themselves to be better-off and reap more benefits as an independent actor.

Hence, it is important to understand whether European integration have been influencing secessionist movements. In addition, it is essential to acknowledge the existence of the crucial and necessary factor that either contributes or prevents the desire to establish a separate independent state - the European Union's recognition of that state and advantages and privileges that go with the EU membership. Whether or not the newly independent states have to reapply for the EU membership can become a cause that refrains regions from seeking independence.

Although, the treaties and the jurisdiction of the European Union do not clearly explain whether regions that used to be a part of the European-member state should request EU membership again, it is unquestionable that these newly established states should receive approval of every EU member state.

The former President of the European Commission, Jean-Claude Juncker, in 2017 rejected any form of separatism by responding to the movements that took place in Catalonia. He believed that accepting separatism would weaken Europe and European Union's institutions. Moreover, he stated that it would be impossible for independent regions to become a member of the EU. The explanation behind this is that accession to the European Union requires approval of all members of European Union. At least one of the EU members can deny the accession of the newly independent state, in particular, it is the country, the region of which has proclaimed independence.

The European Union institutions and law does not explicitly acknowledges the possibility for a new state to emerge within an existing member-state, meaning that there is a lack of policy guidelines on how to deal with such circumstances. If the EU concedes that these independent regions may be granted the member-state status, this will encourage separatist movement across the whole Europe. The secessionist regions will know for sure that their bright future and economic guarantees can be ensured by the preserving the EU membership and, thus, they will be less hesitant and more determined to proceed with their pro-independence campaigns. Politically, the European Union can guarantee that democratic values and stable democratic institution are safeguarded. In economic terms, the EU membership results in numerous benefits such as an access to the large market economy, and healthy and controlled competition.

The European Union's central focus is on preserving peace, unity and integrity of the states by guaranteeing stability and safety. Today, conflicts in Europe occur internally within states, not between them. Issues that challenge the internal organization of states should co-jointly be dealt with by the particular member state and the European Union to prevent disunity and disintegration of the institution and the entire Europe.

Bieri (2014) believes that it is unlikely that the European Union will extend its borders to include the secessionist regions. As long as there is no legal framework for accepting the former regions as independent states and members of the EU, the level of uncertainty and doubts remains high. There is no absolute guarantee that the seceding region will become part of the Union. As a consequence, these vague prospect and doubtful future potential deter regions, its citizens and voters to support separatist campaigns and movements.

As for the European Union, it is unlikely to accept regions as new independent members due to the fear of the domino-effect that may arise in other European regions with desires to secede. Referring to the point made by Forsberg (2013), minority cultural, linguistic or ethnic groups encounter the government of the country that they inhabit to be the main opponent of their separatist movements and independence. The precedents that are created can stimulate certain patterns of behaviour within countries. The regions can mark particular historical events and plan, in accordance with them, their future actions. The actions taken by the government and resulting positive or negative outcome may enable or refrain regions from pursuing certain separatist movements. If the European Union satisfies and fulfils the demands of the particular region, the likelihood of other regions to demand similar attitude can become very high. By giving into the demands of Catalan government, the European Union may have to deal with similar demands coming from regions of other countries. Thus, the fear of the domino-effect is something that makes the EU respond aggressively to any pro-independence campaigns of regions that seek self-governance and a membership in the European Union at the same time.

Moreover, the aim of most separatist movement that occur within the integrated and unified Europe is to establish an independent state that forms a part of the European Union and its institutions. To the regard of many, the EU has been stimulating growth and development of the economies of its member-states. The common market is much more attractive for small economies rather than to the larger ones. Large market economies allows for several actors to gain profit and advantages just acting at the domestic level. However, small economies need external markets in order to develop their potential and benefit from the increased demand for their goods and production. Thus, the common market of the EU is rather important for small countries and their economies. They can also benefit from participating in the political and economic policy-making process as they are represented in and are members of the European Union, their interests and needs will be taken into consideration.

Local regional governments have become influential within the European Union and within their states due to the decentralization of powers that European integration promotes. Regional governments have been seen as fellow participants and can function as powerful actors in the decision-making of the EU and its integration and unification processes. Separatist region-state may seek to preserve the membership of the European Union due to the fact that their small size do not guarantee that they will have a dominant stance in negotiations with large advanced states. But as a member of the EU, all states are provided with equal benefits such as having access to free common internal market.

Referring to Desquens (2003), free trade creates new economic capabilities not only for existing states but also for the regions within those states, thus reinforcing the economic reasons for separatist movements. Globalization and free trade can guarantee, such regions as Catalonia or the Basque Country, an access to international markets. In addition, not having to abide Spanish governmental regulations would increase their competitiveness in world markets.

With regards to trade restrictions that exist in international markets, it is more beneficial for regions to be a part of the larger state due to the fact that they still can trade in the national domestic market which is obviously bigger than the market of their region. Regions may find preserving their status quo within a state to be appealing as they can be a part of the bigger national market. In this regard, Catalonia, Galicia and the Basque Country have definitely benefited from belonging to Spain. However, due to the increased globalization and free trade, this reason no longer be convincing.

Culturally and linguistically differentiated regions can benefit from establishing a separate entities and having an ability to trade independently from the national regulation. Due to free and integrated trade, as a separate states, Spanish regions could benefit from easier administrative procedures while selling its goods and services in the foreign markets.

Free trade and globalization provide opportunities for regions to have access to bigger markets even if these regions become separate states and lose the access to the national market. Due to the European integration have resulted in the elimination of state borders, free movement of human and financial capital, products and services, small region-state have access to a rather wide market under the condition that they are allowed to keep the membership of the EU after seceding from their parent state.



4.5 Legal framework behind self-determination of regions

The right of self-determination can be explained by the following: individuals who are granted equal rights and equal opportunities, have the right to choose their political status and decide on their sovereignty without external interference.

The European Union legal framework does not contain any guidelines, rules or regulations regarding secession of regions within its member-states. In particular, it might be the matter of solely the international law to deal with the right to self-determination. Nevertheless, there is no right of secession that is supported by the international law. Still, there is no legal treaty or article that concerns forbids secession. If a particular region within a state demands higher degrees of autonomy, it becomes a question of the central government to solve.

The right of self-determination is embodied in the Charter of the United Nations in the Article 1. All member-states of the EU are the members of the United Nations. Thus, they are obliged to abide by the Charter. However, this right of self-determination allows people to reconsider how they are ruled by the central authorities within their country. They are allowed to decide upon the way they want to be governed.

Not less important is the fact that in order to use the right of self-determination, people are required to have an `identity' to distinguish themselves from others and constitute a nation. In this manner, individuals with shared identity can have a right to establish a nation-state.

Exclusively the Vienna Convention on the Secession of States began setting rules and dealing with the issues regarding the secession of states due to the decolonization processes that had started transforming the international structure even prior to the 1978. However, Spain neither has ratified the convention nor has any desire to become member of it (Maftei, 2014).

Even though the Vienna Convention has been concerned with the matters of the former colonies and decolonization processes, it might be still important to take into consideration. Since the Convention is supposed to have certain guidelines regarding the future of the seceding territories, it may provide evidence of any chance that newly independent states may have within international organizations and institutions. As it was discussed before, most separatist regions within Spain, even though they are willing to separate from Spain and its authority, they want to remain certainty security and benefits that the EU provides. Thus, they want to remain under the auspices of the European Union.

What can be of a particular interest is that this treaty is very controversial and ambiguous. It is stated in the Article 16 that newly independent states (that is former colonies) are not bound by the treaty obligations of their predecessor state (that is a colonial power). However, in the article 34 it is mentioned that all 'other new states' are to be under the obligations of the state from which they seceded. The question arises here: What is meant by 'all other new states' - the parent state which has literally become a new state because it does not include the secessionist region any longer or just the newly independent states?

In addition, in the Article 17 it is emphasized that newly independent states have the right to join agreements to which their former colonial powers were a part of and they do not necessarily need to be accepted by the other members of those agreements. In turn, the Article 9 mentions that 'all other new states' can only participate in such treaties only with the consent of the other member-states. Thus, the Vienna Convention can also be seen as having an unclear legal framework that can be changed or shifted to one's favour.

Nonetheless, the state integrity can be undermined by the right to self-determination of nations. The principle of territorial integrity of states is also embodied in the Charter of the UN and should be honoured by the members of the EU. If regions, that desire to separate from the predecessor state, achieve their goal through peaceful and democratic measures and with the national approval, this secession can be respected and establishment of the independent state cab ne recognized by all member of the international community. Whereas, unilateral secessions of regions with disapproval of the national government, are viewed to be illegitimate, undemocratic and violent (though the cases of decolonization can be accepted).

Preservation of territorial integrity of the state means that nation states should not encourage secessionist sentiments and movements. Disruption of state integrity which is brought about by force or violent means is an act of aggression, according to the UN Charter. International law accepts the right to demand self-governance and independence, if there are infringements on human rights or violations of the human freedoms that people experience in the region, meaning that the claim for self-determination through separatist movements can be viewed legitimate.

When the territory within a state uses democratic mechanisms to leave from the country, the EU cannot prohibit such actions. The independence movements that are carried through democratic processes such as elections and in accordance with the consent of the people and the central authorities, cannot be oppressed by the European Union. However, in the case of Catalonia and the Basque Country, the separatist movements and parties were not promoted or approved by Spanish national government. Even though the movements that took place in Catalonia were chosen through elections, the Spanish Constitution prohibit such referendums on separation. Thus, the character of such independence movements is regarded to be undemocratic and illegal (Bieri, 2014).

Unilateral secession takes place when the state opposes the independence of its regions. This phenomenon is relevant to Spanish regions since the central government has been against independence of the regions based on the framework of Spanish Constitution. Referendum on declaration of independence is prohibited by the Spanish law.

According to the international law, the right of self-determination is granted to the regions who experience maltreatment, exploitation and violation of freedoms by their government. However, that is not the case for Spain. The autonomous Spanish communities are not under the tyrannical control, what is more, they enjoy democratic rights and principles under the national legislature. Although Catalonia wants to become independent, because of economic reasons and the differences in identity, in language and in history, the region does not face human rights issues that are caused by the government. Therefore, the Catalan right for self-determination cannot be approved by the international law, not least because of the potential harm to territorial integrity of state that the secession leads to (Bieri, 2014).

4.6 Times of crisis

Territorial integrity and solidarity can face challenges and be questioned in the periods of crises. Crisis situations make citizens appreciate some aspects of their life, which they used to take for granted, more. Also, citizens of a particular locality or country can reconsider state policies and actions and take a different attitude towards their government. Catalonia, the Basque Country and Galicia, to a certain degree, at various periods of difficult times reconsidered the approach their national government had to take to survive and maintain high standards of living. Some regions, that do well at crisis situations, have to provide more to the central authorities in the form of financial payment, taxes, goods and services, thus, supplying and supporting other regions, if not, the whole country. Thus, these prosperous regions may start to realize that independence can bring them more benefits and liberate them from the state burden. Catalonia can be a relevant case in the point.

The European crisis of 2010 increased tensions between the regional and national governments to a significant extent. For some countries the European integration has been perceived as unfavourable and even detrimental to their territorial integrity as regions may express their dissatisfaction and severely oppose national policies with the help of the EU.

What is more, the crisis in Spain can be said to have influenced Catalan pro-independence campaigns. The national Spanish government was forced to turn to borrowing, but the economic deterioration could not provide enough resources to pay back. The economic growth was in decline, but localities, including Catalonia, spent a big part of the borrowing on developing and improving the infrastructure. Consequently, the Spanish government now faces considerable national debt and regions are limited in their financial expenses and have been forced to cut spending to provide funds to the state (Cameron, 2010). Local Catalan government resists these obligations which reinforces disagreements and dissatisfaction.

The Eurozone crisis has created an image of the European integration to be detrimental to the wealthy states and regions. It forced states and European institutions to introduce austerity measures that intensified separatist sentiments. On the one hand, some politicians and member-states of the European Union hold the EU and its institutions responsible for the failure to establish effective mechanisms to prevent crisis. On the other hand, flourishing regions within member-states blame their national governments for economic crisis. In this manner, it is possible to notice the failure to establish principles of integrity, solidarity and unity within the member-states of the European Union and within their regions. Richer regions do not want to bear the costs and support poorer regions. They blame their states for economic break down and inefficiency but not the European Union. Therefore, according to this attitude, the prosperous regions, like Catalonia, seek secession from the states but want to remain the auspices of the EU.

Cameron (2010) believes that in order to mitigate conflicts or even eliminate the economic motives for separatist movements, the national and regional governments need to negotiate the conditions and come up with concessions. For instance, an amount, that the regions pay to the governments, can be given back in the form of various benefits, either economic, political or social.

Thus, it is possible to infer that tensions between regions multiply as the cultural, linguistic, economic and historical differences are discovered. The period of crisis further enhance resentment and discontent. Conflict may arise not only among one particular region and the centre, but among regions themselves. Regional income inequality increases threatens unity and solidarity among regions of the state. Catalonia and the Basque Country are one of the most affluent regions in Spain and express discontent with the fact that they have to pay for the development of such poor Spanish regions as Extremadura, for example.

Although the separatist sentiments have been present long before the European debt crisis, it certainly contributed to the desire to secede. However, establishing an independent state comes with particular risks. Therefore, separatist movements that happen in regions of the EU member-states, recognize that the European Union provides favourable guarantees, security and certainty. Consequently, those regions still want to be under the protection of the European Union and preserve the membership in this organization.



5. Current possible threat to Spanish integrity - COVID-19

First of all, the spread of COVID-19 in 2020 can no longer be ignored as it may be regarded as a substantial threat to the European Union and Spain in particular. What is more, Covid-19 can be seen as a threat to the integrity of EU member states and to the integrity of the Spanish regions. Spain and the EU are currently facing a serious challenge to the European solidarity and unity. As of 14.04.2020, according to the data provided by the Johns Hopkins University, Spain has risen to 2nd place with 17 756 deaths and 170 099 confirmed cases.

Spain is second country with the highest number of confirmed COVID-19 cases. The country's healthcare system has been poorly prepared for the pandemic and has not been able to cope with the flow of patients. Hospitals are crowded and cannot treat all patients. Only patients in serious condition have been hospitalized. There is a lack of ventilation machines, drugs, tests for confirming the coronavirus, as well as protective equipment for doctors and nurses.

A public opinion poll conducted recently by the La Vanguardia suggests that more than 75% percent of Spaniards believe their country was unprepared for a such a situation.

The rapid spread of coronavirus in Spain, according to ABC, has been caused by the lack of taking the situation seriously at the beginning of February when the World Health Organization recognized the inevitability of the pandemic. The Spanish authorities did not prevent the hosting of various mass events and football matches. Despite the warnings and concern for the spread of the coronavirus, on the 8th of March to celebrate the International Women's Day, thousands of women took part in demonstrations against gender inequality in Madrid and in Barcelona. It is believed that these events increased the spread of the disease. Another reason for the spread is that almost 20% of the Spanish population is over the age of 65. The state of emergency in the country was declared only on March 16.

According to Francisco Varela Moreno (2020), professor of political science at the University of Madrid, the structure of the Spanish healthcare system has appeared to be not beneficial in terms of responsiveness to the crisis situation. Before the start of pandemic, the autonomous communities had managed their health care on their own, including the procurement of equipment and medical supplies. However, after the declaration of a state of emergency on March 16, the country's government centralized the power to control the healthcare system.

It turned out that it was not easy to re-build and manage all regions from the center. There have been delays, miscalculation and a lot of confusion.

Spanish government has been criticized for slow reaction in dealing with the problem. The delay in taking measures to prevent the spread of the COVID-19 can be explained partly by the disagreements within the left government coalition. As a matter of fact, according to the ABC newspaper, the Spanish authorities should have been taken steps and made necessary decisions a month and a half earlier. What is more, they should have provided the clinics with the essential medical equipment.

In recent decades, Spain developed its tourist industry, as the most profitable. As a result of this, now there is a lack of industries capable of producing much-needed medical ventilation machines. They have to be delivered from abroad, as well as most of the drugs.

The pandemic exacerbated the already difficult economic situation in Spain. The country has not yet recovered from the crisis of 2008. During the quarantine period, the country has been losing up to 1.6% of GDP per week.

According to the statement made by the European Parliament on the 23rd of March 2020, the European Union's priority and main responsibility lies in organization and provision of the healthcare across its member states. The EU has reacted rapidly and has taken quick measures to limit the virus spread, to provide aid to the member states to cope with the social and economic impact, facilitated access to the medical equipment and encouraged research for vaccine development. The representatives of the 27 member states agreed on the need for unity to combat the coronavirus pandemic. The data provided by the European Parliamentary Research Service outlines that the EU has distributed responsibilities to its institutions to enable level action. Indeed, the response team has been arranged by the European Commission to guarantee on time reaction and to ensure provision of credible information. The European Centre for Disease Prevention and Control, as well as the EU Health Security Committee, work together to assess risks and formulate precise recommendation to manage them.

The European Union has sought to limit the spread of the COVID-19 by imposing temporary limits to travel, closing external borders and making sure that the single market can function to deliver goods and services essential for the healthcare system and security of the member states. Moreover, the EU has set up a budget of 50 million euros to supply countries with the intensive care unit ventilators, beds and protective masks, as well as other necessary medical equipment (EPRS, 2020). The social and economic impact that the COVID-19 leads to can be characterize to have a detrimental effect on the European economy and the economies of countries all around the world. It is viewed as a shock that caused economic disruption and needs a common and integrated approach to recover from. The effects of the pandemic can be expected to last in the course of the following decade. That is why, the European Commission works to support national economies and local businesses by loosening the fiscal rules and activating escape clauses. Around 179 million euros from European Globalization Adjustment Fund have been made available and allocated to tackle unemployment, help farming and support small-sized businesses. A total of financial aid to be expected can be around 2 trillion euros to mitigate the crisis and governments' debt.

However, not all the dissatisfaction and uncertainty is possible to tackle during the pandemic. There are evident disagreements about the measures needed to combat the pandemic among the national government of Spain and the parliamentary opposition (right-wing parties). The opposition believes that the government has not performed effective actions to protect people and the economy. According to the statistical data provided by the Ministerio de Trabajo y Economнa Social, there are 3.5 million unemployed people in the country. The number of unemployed workers in March has increased by 300 thousand people in comparison with the February, taking into consideration that the Ministry accounts only for official data. Some claim that the actual unofficial number may reach 900 thousands of unemployed workers in a month. That is the record number since the year 2017.

The Catalan Prime Minister, Kim Torra, announced the closure of the Catalan borders. In the region, there are more than 34 thousand confirmed cases of COVID-19. The residents of the region are ordered not to leave the autonomy.

Despite the increased regional dissatisfaction with the measure taken by the center, the Spanish government has allocated 200 billion euros to fight the pandemic and its economic and social consequences. It has been estimated to account for 20% of the Spanish GDP. Pedro Sanchez, the Prime Minister of Spain, called the financial plan to be `the largest resource mobilization in Spanish democratic history', according to the press briefing on 21.03.2020 and on 28.03.20.



Conclusion

Territorial integrity can be questioned in the periods of crises. Catalonia, the Basque Country and Galicia, to a certain degree, at various periods of difficult times reconsidered the approach their national government had to take to survive and maintain high standards of living. Some regions, that do well at crisis situations, have to provide more to the central authorities in the form of financial payment, taxes, goods and services, thus, supplying and supporting other regions, if not, the whole country. Thus, these prosperous regions may start to realize that independence can bring them more benefits and liberate them from the state burden.

Local regional governments have become influential within the European Union and within their states due to the decentralization of powers that European integration promotes. Regional governments have been seen as fellow participants and can function as powerful actors in the decision-making of the EU and its integration and unification processes. Separatist region-state may seek to preserve the membership of the European Union due to the fact that their small size do not guarantee that they will have a dominant stance in negotiations with large advanced states. But as a member of the EU, all states are provided with equal benefits such as having access to free common internal market.

Tensions between regions multiply as the cultural, linguistic, economic and historical differences are discovered. The period of crisis further enhance resentment and discontent. Conflict may arise not only among one particular region and the centre, but among regions themselves. Regional income inequality increases threatens unity and solidarity among regions of the state.

Culturally and linguistically differentiated regions can benefit from establishing a separate entities and having an ability to trade independently from the national regulation. Due to free and integrated trade, as a separate states, Spanish regions could benefit from easier administrative procedures while selling its goods and services in the foreign markets.

Free trade and globalization provide opportunities for regions to have access to bigger markets even if these regions become separate states and lose the access to the national market. Due to the European integration have resulted in the elimination of state borders, free movement of human and financial capital, products and services, small region-state have access to a rather wide market under the condition that they are allowed to keep the membership of the EU after seceding from their parent state.



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