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The EU and an independent Scotland

CER (2014) “The EU and an independent Scotland“, Centre for European Reform Blog, 23 Ιουλίου.

 

Scots living in Scotland vote on September 18th on whether to end their 300-year union with England. If they win, the nationalists aim for actual independence, and full EU membership, in March 2016. Opinion polls currently show a lead for the pro-Union side, but 15 or 20 per cent remain undecided. The debate is becoming heated, with arguments concentrating on the economic risks and opportunities of independence. The EU dimension has attracted less attention, with each side brusquely dismissing the other’s assertions. Most Scots want to stay in the EU: the nationalists assert that this would be quick and easy; their opponents predict problems; impartial voices go largely unheard. Here are eight points which Scots might like to consider.

1. Beware those who say all is clear

… it isn’t. Anyone who says that it’s certain the Scots could, or could not, have their own seat at the Council table from 2016 is driven more by advocacy than analysis. The fact is that the EU would be in uncharted waters. There is neither precedent nor treaty provision for a member-state splitting, with both parts wishing to stay in. Greenland chose to leave in 1985, with metropolitan Denmark negotiating its exit. The Czechs and Slovaks had split long before they joined in 2004. The EU is treaty-based: only independent states can negotiate and sign treaties. There would be concern in Brussels not to deprive EU citizens of EU rights because they live in Scotland; but the treaties are clear that EU citizenship is the corollary of citizenship of a member-state. And Scotland could not become a member-state until the relevant new treaty provisions came into force. Whether this circle can be squared is as yet uncertain. Don’t believe anyone who says it definitely can or can’t be.

 

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