The author analyses the legal status of enclaves. According to a strict interpretation, enclaves are portions of a country cut off from the national territory of another. Little has been written about the legal status of enclaves. The author analyzes the historical origin of enclaves and then focuses in particular on: Campione d’Italia, Llivia, Büsingen and Baarle-Hertog. The latter are the only four enclaves left in Europe. Notwithstanding the existence of relevant differences between these four entities, they all have in common very peculiar and complex legal relationships with both the enclavant country and with the exclavant country. The author describes in further detail Campione d’Italia, with particular attention for the novelties introduced by the reform of Title V of the Italian Constitution. As a conclusion, the author evaluates the possible consequences of the European integration process, and argues that this may lead to the solution of many of the concrete problems that regard the enclaves.

LA CONDIZIONE GIURIDICADELLE ENCLAVI IN EUROPA: UN'ANALISI COMPARATA.

FARA, Vittorio
2007-01-01

Abstract

The author analyses the legal status of enclaves. According to a strict interpretation, enclaves are portions of a country cut off from the national territory of another. Little has been written about the legal status of enclaves. The author analyzes the historical origin of enclaves and then focuses in particular on: Campione d’Italia, Llivia, Büsingen and Baarle-Hertog. The latter are the only four enclaves left in Europe. Notwithstanding the existence of relevant differences between these four entities, they all have in common very peculiar and complex legal relationships with both the enclavant country and with the exclavant country. The author describes in further detail Campione d’Italia, with particular attention for the novelties introduced by the reform of Title V of the Italian Constitution. As a conclusion, the author evaluates the possible consequences of the European integration process, and argues that this may lead to the solution of many of the concrete problems that regard the enclaves.
ENCLAVI; EXCLAVI; CAMPIONE D'ITALIA
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/348517
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