I must credit Carl31 with having sent this piece to me before I posted my article this morning. However, I have only now read it, and as it looks as things from a different perspective than mine, I thought it useful to post.
Should Scotland become independent, they would either have to apply for EU membership as a new state, or retain membership since they are currently a territory with membership, as part of the UK. The Scottish Government (SG) was subject to a FoI request on the existence of legal advice on this question. They refused, but the Scottish Information Commissioner (SIC) ruled that the info should be made public. I wrote recently in a short piece, about the dual position of the law over the release of the existence of this legal advice (please see these pages, Guest Posts, September 24th). Continue reading
Are we sitting comfortably? – then I’ll begin…
Once upon a time, a Scottish MEP asked the Scottish Government (SG), under Freedom of Information (FoI) for any legal advice it had received on the issue of an independent Scotland’s position in the European Union (EU), were they to become independent….
There had been, and there continue, exchanges in Holyrood and wider debate, over the question of whether Scotland would be automatically a member of the EU upon independence – or whether there would have to be an entirely new application, vulnerable to a veto from existing EU states. The First Minister (FM) is adamant that EU membership would transfer to Scotland automatically and with no need to newly apply, which has led to requests to produce evidence to back up his position (assumed automatic transfer of a membership – where have we encountered that before?).
This is not intended as a political piece, but a short summary is … opponents of Independence want to sow doubts in the minds of the voters with regard to the independence project: on the economy, on defence, on the EU. The FM wants to project clarity and assurance. Continue reading