Public Law

Sir David Edward, former European Court judge and now Professor Emeritus at Edinburgh University, has today posted a characteristically fine analysis of the legal issues relating to the EU and an independent Scotland. His conclusion:

[I]n so far as we are entitled to look for legal certainty, all that is certain is that EU law would require all parties to negotiate in good faith and in a spirit of cooperation before separation took place. The results of such negotiation are hardly, if at all, a matter of law. 

Though we get there by slightly different routes – Sir David takes the view that negotiations would result in amendments to the existing Treaties (which would then need ratifying by the existing Member States), rather than an Accession Treaty per se – it comes as a great relief to your humble blogger that Sir David’s “negotiation” conclusion largely chimes with my piece in this month’s Journal of the Law Society of Scotland.

Charles Livingstone
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