December 18th, 2012


Salmonds in Both!

Thanks to everyone who helped me out re. the NRA. Now I have another question rattling round my cranium.

nwhyte has linked to an interesting legal opinion piece on the ramifications for Scotland's (and possibly the rest of the UK's) continued membership of the EU, in the event of a Yes vote for independence.

Now, in the few discussions I've read and heard around this issue it's frequently been said that there is no precedent for a break up between Scotland and RoUK - that it's a situation the treaties don't explicitly anticipate. No doubt that's true; but is there no relevance in the example of the FRG's union with the DDR, to become Germany? In that case, a whole country (the DDR) that hadn't previously been part of EU territory became part of the EU, without any of the usual protracted negotiations that accompany accession. There was no suggestion - that I remember, at least - that the membership rights of the FRG would not be transferred to the new state in its entirety.

I hasten to add that I've no objection to Germany being a member of the EU, but on the face of it that seems a far more legally problematic manoeuvre than the splitting of an existing member country into two parts, and saying that the two parts continue to be members in their own right.

What have I missed?