Scotland and the EU: Legal Considerations Post-Brexit

The debate over Scotland's status in the European Union (EU) has intensified post-Brexit, particularly as the UK as a whole left the EU. However, there are clear legal and historical reasons why the argument for Scotland remaining in the EU is not as simple as some might believe.

Can Scotland Legally Remain in the EU?

The foundational principle in EU law is that individual countries cannot be divided into smaller parts and those parts cannot join the EU as separate entities. This legal framework is enshrined in EU rules and treaties, which explicitly state that only sovereign nations can seek membership in the EU.

Understanding the UK's and Scotland's Relationship with the EU

Some individuals find it challenging to grasp the fact that Scotland is intrinsically part of the United Kingdom (UK). When the UK voted to leave the EU (Brexit), it was a collective decision that affected all of the UK's constituent parts, including Scotland. This was affirmatively confirmed through a significant vote on Scottish independence—a referendum in 2014—where the majority of Scots expressed their desire to remain part of the UK.

The 2014 Scottish Independence Referendum was designed to determine if Scotland should become an independent country. A majority of Scottish voters chose to remain within the UK. Since then, any calls for Scotland to remain in the EU on the basis that it was never part of the decision post-Brexit are less supported by the general public and underpinned by legal realities.

Post-Brexit: Scotland's Current Situation

Given that the United Kingdom has formally left the EU, this leaves Scotland, as part of the UK, in the same position post-Brexit. Hence, Scotland cannot lawfully remain in the EU.

The nature of Scotland's involvement in the Brexit process is crucial to understand. Scotland was part of the UK and thus subject to the UK's referendum and subsequent decision to leave the EU. Despite the frustration and continued advocacy by some, such as Nicola Sturgeon, this legal and historical context means that Scotland's exit from the EU was inextricably linked to the UK's decision.

Future Prospects: Independence and Re-Application

If Scotland were to seek independence in the future, it theoretically could apply to rejoin the EU. However, the process and terms would be subject to negotiation with the EU. While the EU may consider the historical context favorably, it is ultimately up to the EU to decide the conditions for Scotland's re-joining.

A significant consideration for any future re-application would be the negotiation terms and the timeline. For instance, a transition period could be offered, but the EU would need assurances that Scotland's re-joining would not undermine the processes and principles established during the EU's membership.

Moreover, the political and economic stability of an independent Scotland would also be crucial factors. The successful negotiation of re-entry terms would depend on proving that an independent Scotland could maintain the standards and commitments required by the EU.

Conclusion

In summary, while it is theoretically possible for Scotland to re-apply for EU membership if it becomes an independent nation, current legal and political realities mean that Scotland cannot 'remain' in the EU. The 2014 independence referendum, the UK referendum on Brexit, and the subsequent legal and procedural steps confirm the status of Scotland as part of the UK. The path to re-entry would be complex and depend on numerous factors.

It is hoped that any future discussions about Scotland's relationship with the EU will be based on a clear understanding of these legal and political realities, rather than on historical grievances or non-sustainable political posturing.