An independent Scotland’s membership of the European Union should be assured, with a smooth and straightforward transition process after a Yes vote, a legal expert has claimed.
Professor Sionaidh Douglas-Scott, a professor of European and human rights law at Oxford University, also argued Scotland need not go through “a cumbersome accession process as a new member state” and instead could become an EU member through treaties being amended.
The Scottish Government already proposes taking such an approach if there is a vote for independence in September’s referendum.
Its white paper on independence claims that instead of applying as a new state using Article 49 of the EU treaty, Scotland could use Article 48, which “provides for a treaty amendment to be agreed by common accord on the part of the representatives of the governments of the member states”.
Prof Douglas-Scott backs this approach, stating in a research paper: “Any future independent Scotland’s EU membership should be assured.”