- Unser Blog
Daniel Halberstam’s challenging paper is one of the first to provide a more sympathetic interpretation of the European Court’s Opinion 2/13. Halberstam’s paper is full of detail, a close-knit and sophisticated investigation of the rather technical and recondite Court Opinion. I do not agree with everything he writes, and I cannot in this short post do justice to the complexi ...
On 18 December 2014, the ECJ delivered its long awaited Opinion 2/13 on the compatibility with EU law of the draft agreement for EU accession to the ECHR. The ECJ concluded, to the great surprise of many, that the accession agreement is not compatible with EU law. Indeed it found so many obstacles with the agreement that it has now rendered accession very difficult, if not impossible.
Is the ‘spectre of disintegration’ haunting Europe? Joseph Weiler fears that it is, and that, were an independent Scotland to be admitted as an EU state, this would lead to a domino effect whereby others would demand independence within the EU – testimony of an atavistic, retrogressive mentality, and adverse to the EU’s raison d’etre.
With the Scottish referendum vote imminent, every issue of relevance to the debate on Scottish independence takes on crucial significance. In the context of Scotland’s EU membership, there has been a polarisation of approaches, which in the arena of politics is probably only to be expected. The UK Government and ‘Better Together’ view may be roughly summarized as arguing that ...