SCOTLAND’S EU membership could be decided in court if there is a Yes vote in the referendum, according to a former European Court judge.
But Professor Sir David Edward believes Scotland would not be left outside Europe if voters back independence, and could negotiate its membership from inside.
Leaders such as European Commission president Jose Manuel Barroso and European Council head Herman Van Rompuy have indicated that Scotland would be left outside the EU and forced to re-apply.
However, Sir David insisted negotiations could get under way after a Yes vote to “agree amendments to existing treaties to accommodate the new situation and not, as Barroso and Van Rompuy suggest, one or more accession treaties”.
Sir David, who indicated he will be voting No in the referendum, said the issue could come before the European Court of Justice, where he used to sit, in a submission to Holyrood’s Europe committee.
An “individual or company” could raise an action to clarify their rights and obligations after independence, which could be referred to Luxembourg.