European microstates in view of their upcoming EU Association Agreement

Abstract

This essay aims to focus on the specific features —both historical and constitutional— of three European microstates: the Principality of Andorra, the Principality of Monaco and the Republic of San Marino. It tackles this subject under a Comparative Legal approach, insofar as they fit into the standards of European democratic and social Constitutionalism, in view of their upcoming EU Association Agreement (on which the European Parliament adopted its Recommendations, February 2019). Its joint undertaking lies on four considerations. Firstly, they are all European States; and yet, hardly ever seen as such by the European Scholarly writings, not even by their closest neighbouring partners. Secondly, it is interesting to highlight their common features (European legal culture, small dimension, legal and political heritage that have proved resilient to upheavals all around), while singling out their uniqueness, leading to conclude that each of them is one of a kind their own way. Thirdly, all three microstates are included in a currently ongoing negotiating process, aimed to tighten their links with the EU acquis by means of a future EU Association Agreement (which is not the case of Liechtenstein, nor the Vatican City). As to this procedure, the European Parliament shall have its final say on the outcome and its entry into force (art.218 TFEU). And fourth: getting to know better these three microstates can also compensate a persisting lacuna, which is meaningful, at the light of intense crossborder links, with Spain (case of Andorra), France and Italy (case of Monaco), and Italy (case of its enclaved Republic of San Marino).