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NEWS
26 Oct 2011

UK Government lawyers declare an independent Scotland would automatically secede from EU

UK Government lawyers have confirmed in official legal advice that an independent Scotland would automatically secede from the EU, and would have to join the EU as a new accession state.

The position has long been asserted by legal and constitutional scholars.

Scotland's hypothetical legal status as an independent nation within the international framework has no precedent, although there have been near parallels during the lifetime of the evolved EU.

Scotland's status would require the immediate adoption of the Euro, although a derogation similar to that currently enjoyed by the UK could be negotiated. Last month Catherine Stihler MEP asserted that Scotland would be "compelled" to join the euro upon independence.

The official advice has been prepared for the UK Government ahead of the independence referendum scheduled for the end of the coming parliamentary session.



“Scotland is only part of the EU by virtue of the UK’s membership. If Scotland were to leave, it would not automatically assume membership of the EU,” the advice states.

“EU law would require negotiation of the terms of an independent Scotland’s membership of the EU since the treaties do not provide for an increase in the number of member states other than by treaty amendment.

“While it would move quickly given their peculiar situation as formerly a part of a member state, it would still take several years – two as an absolute minimum, more likely three – before they were part of the EU again.”

At First Minister's questions two weeks ago Mr Salmond asserted that an independent Scotland would keep the pound until the people vote in a separate referendum to join the euro.

A summary of the legal questions arising from the independence issue can be read here.


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