Would an independent Scotland automatically be a member state of the EU? Marc Weller investigates
It has become a matter of some controversy whether the Scottish government has obtained legal advice on Scotland’s EU status post-independence. The substantive question of Scotland’s future EU membership is, however, of no less importance than the question of whether or not legal advice was received. After all, the decision of many voters in the referendum on independence may depend on whether or not continuous EU membership would be guaranteed in case secession is achieved.
The Scottish nationalists have claimed that the matter is a foregone conclusion—membership is automatic. They have invoked some legal authority in favour of this proposition, including the views of the former president of the European Court of Justice, Lord MacKenzie-Stuart. More recently, the Scottish first minister, Alex Salmond, has opined, somewhat more nebulously, that the issue would be addressed “from within the context of the EU”.
On the other hand, the Foreign and Commonwealth Office reportedly warned, through a spokesman, that continued
