Nikos Skoutaris is a lecturer of EU Law in the Law School of the University of East Anglia, Norwich. He obtained his LLB from the University of Aberdeen, his LLM from Maastricht University and his PhD from the European University Institute. His doctoral thesis was published as a monograph with a leading publisher – The Cyprus Issue: the Four Freedoms in a (Member-) State of Siege (Hart Publishing 2011). For three years he was a member of the ERC-funded European and National Constitutional Law project (EuNaCon).
The main output of his research within EuNaCon will consist of his second monograph (Territorial Pluralism in Europe: Vertical separation of powers in the EU and its Member States (Oxford, Hart Publishing, forthcoming in 2016). His current research focuses on the constitutional accommodation of ethno-territorial conflicts in Europe.
Presented Lecture: “Tracing the Position of EU Law on intra-State Conflicts in Europe”
According to EU law orthodoxy there is no requirement that directly concerns the internal organisation of its Member States as long as there is no clear risk of a serious breach of the values referred to in Article 2 TEU (Article 7 TEU). This holds generally true with regard to issues such as the internal division of competences (e.g. Case C-8/80 Germany v Commission). However, recent political developments in a number of Member States and candidate countries pose a question on whether EU membership or its prospect pose certain limits to the almost unfettered autonomy of Member States concerning their institutional design. In particular, questions on the implications stemming from EU membership with regard to the secession of part of an EU Member State (as could have happened in the case of Scotland or might happen in the case of Catalunya) or with regard to its reunification (as might happen in Cyprus) are particularly topical. At the same time, one has to wonder whether the EU’s position on the constitutional architecture is conditioned upon the contractual relationship it has with the relevant State. Taking cue from the current political developments in Scotland and Catalunya but also Bosnia and Herzegovina and Cyprus, the presentation will try to trace EU law’s position in this area.
Selective List of Publications
- “The Cyprus Conflict in Turkish-EU Relations: A Gordian Knot?” In: Cengiz, Firat and Lars Hoffmann (eds.), Turkey and the European Union: Facing New Challenges and Opportunities (Routledge, 2013).
- “The Role of sub-State Entities in the EU Decision-Making Processes: A Comparative Constitutional Law Approach.” In: Cloots, Elke and De Baere, Geert and Sottiaux , Stefan (eds.), Federalism in the European Union. Modern Studies in European Law (Oxford: Hart Publishing, 2012).
- “Comparing the Subnational Constitutional Space of the European sub-State Entities in the Area of Foreign Affairs.” Perspectives on federalism, 4, 2 (2012).
- “Gestión de los estados plurinacionales europeos: consolidando el consociacionalismo a través de los sistemas electorales” (with Dinas, Elias). In: Mesa I: sistemas electorales y principios constitucionales: VIII Congreso Mundial de la Asociación Internacional de Derecho Constitucional (Tribunal Electoral del Poder Judicial de la Federación, Mexico, 2012).
- “Legal Aspects of Membership.” In: Ker-Lindsay, James and Faustmann, Hubert and Mullen, Fiona (eds.), An Island in Europe: The EU and the Transformation of Cyprus (I. B. Tauris: London, 2012).
- “The Status of Northern Cyprus under EU Law: A Comparative Approach to the Territorial Suspension of the Acquis.” In: Kochenov, Dimitry (ed.), EU Law of the Overseas: Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis. European monographs (The Hague: Kluwer Law International, 2012).
- “The Cyprus Issue: The Four Freedoms in a Member State under Siege.” Modern Studies in European Law 25 (Oxford: Hart Publishing, 2012).
- “Building Transitional Justice Mechanisms without a Peace Settlement: A Critical Appraisal of the Recent Jurisprudence of the Strasbourg Court on the Cyprus Issue.” European Law Review, 35 (5), 2010.
- “Taking Cyprus’ EU Membership into Account: Strict Compliance or Accommodation?” (with Cremona, Marise). In: A constitutional Convention for Cyprus (Berlin: Wissenschaftlicher Verlag Berlin, 2009).
- “Speaking of the de … rogations: Accommodating a solution of the Cyprus issue within the Union legal order” (with Cremona, Marise). Journal of Balkan and Near Eastern studies, 11 (4) (2009).