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13 June 2014 / Michael L Nash
Issue: 7610 / Categories: Features , EU
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Friends re-united?

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Michael Nash examines the legal conundrum of an independent Scotland’s application to the EU

In February 2014 Jose Manuel Barroso, the outgoing EU Commisssion President, said that “it would be extremely difficult to get the necessary approval of all the EU states for the admission of an independent Scotland”. So far there has not been a definitive statement from Stefan Fule, the Czech diplomat who at present is EU Enlargement Commissioner. The Scottish Government has however noted that no EU state has so far said that it would veto the application of an independent Scotland. So what is the status of Mr Barroso’s remarks?

It is respectfully submitted that this may not be the case at all, it being a situation which has never happened before in the history of the European Union, and its predecessor, the European Community. However, there are a number of examples, the reconfiguration of Germany in 1990 being the prime example, which throw some light upon what is described as a complex situation. This situation, logically argued, may not

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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