Scotland in the EU: Comment by DIMITRY KOCHENOV

von Dimitry Kochenov

In his reply to Prof. Douglas-Scott’s legally sound and rich analysis of the political realities surrounding the prospects of EU membership for independent Scotland, Prof. Weiler is absolutely right to underline that the ‘European’ side of the Scottish referendum has a lot to say about the essence of the contemporary European Union: ‘the ideals of solidarity and integration on which Europe stands’. In the context of the values and ideals Europe is founded upon (2TEU), upholds and is obliged to promote internally (3(1–3) TEU) and externally (3(5)TEU), several possible misunderstandings could arise, flashed out by the Scottish independence referendum. These relate, especially, to the role the Union should play in ensuring that its values are upheld and observed. Three such misunderstandings in particular come to mind. They concern the consequences of Member State mutations in the context of EU law (should the EU recognize the consequences of successful legally impeccable secessions?); the adaptability of EU law in dealing with the changing landscape of evolving statehoods in Europe (should the EU seek the best possible options to accommodate the newly-emerging states as Members as soon as possible, should they so desire and can it do so legally speaking?); and the key function of the Union vis-à-vis its Member States (should the EU obstruct state-creation by preserving the status quo of the 28 and ignoring the will of the people of the newly emerging states?). This brief contribution will defend the following options in reply to the three conundrums:

Legally sound and constitutionally impeccable secessions are legally meaningful and should be fully recognized by the EU: adherence to the values of democracy and the Rule of Law makes it impossible for the Union to ignore such developments ...Zum vollständigen Artikel

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