Los referéndums de secesión en la Unión Europea y sus consecuencias para los entes descentralizados de los estados miembros

In this paper, the Brexit referendum, the legal referendum on the independence of Scotland, and the unconstitutional referendum on the independence of Catalonia are jointly analyzed. It is based on the premise that the three are secession referendums and, therefore, bear similarities that allow for joint treatment, but the emphasis is placed on the differences between, on the one hand, secession of a State and of the European Union and, on the other hand, the conditions in which the independence referendums were held in Scotland and Catalonia respectively. The instrument of the referendum is studied as a mechanism of direct Democracy within representative Democracies and, in particular, its lack of suitability to resolve this type of legal-political conflicts. The consequences for Northern Ireland and Scotland of Brexit are analyzed, distinguishing whether it is with or without agreement. Finally, a review of the legal and constitutional framework of an eventual secession of a part of the territory of the European Union is made to respond, in particular, if there is any possibility that this territory could remain in the EU without previously going to the planned procedure in art. 49 TEU.