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 be complex at all.
The relevant articles of the Treaty
