tag:blogger.com,1999:blog-6110794854146484721.post7568105780394149897..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Scotland and the EU - No.1 ~ Does legal advice exist?ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-6110794854146484721.post-56747694637144331962012-11-01T16:00:25.588+00:002012-11-01T16:00:25.588+00:00The CCA 2004 retains Parliamentary control - the &...The CCA 2004 retains Parliamentary control - the "constitution" is not affected<br /><a href="http://obiterj.blogspot.co.uk/2011/04/civil-contingencies-uk-resilience.html#more" rel="nofollow">Post on CCA 2004</a>ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-6440284328268907022012-10-31T10:20:16.507+00:002012-10-31T10:20:16.507+00:00With the Civil Contingencies Act would a Constitut...With the Civil Contingencies Act would a Constitution matter? You raise a good point with EU membership, will Catalunya, Euskera and Venice please note! Ciaron Gogginshttps://www.blogger.com/profile/16838164507602097102noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-79292390078596571212012-10-30T18:44:48.671+00:002012-10-30T18:44:48.671+00:00The only reference to the word "Constitution&...The only reference to the word "Constitution" in the post is a reference to the Scottish Constitutional Forum.<br /><br />The UK does not have a written constitution as (e.g.) USA etc. However, it is nonsense to suggest that it does not have a constitution at all. Interestingly, the UK has managed to have remarkable political stability whereas many nations with written constitutions have not been at all stable.<br /><br />Scottish Independence raises many very important issues and they are not issues just affecting the people of Scotland even if they are the only ones who will get a vote. Membership of the EU is one such issue and the answer has the potential to affect the economic well-being throughout the UK.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-72697603179418246062012-10-30T16:58:30.632+00:002012-10-30T16:58:30.632+00:00Sighs. Will you English stop going on about "...Sighs. Will you English stop going on about "Constitutions"? You do not have one. An unprinted one? That will get you as far as an unprinted £10 note shopping. Ciaron Gogginshttps://www.blogger.com/profile/16838164507602097102noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-3581604788495354012012-10-29T10:00:51.268+00:002012-10-29T10:00:51.268+00:00Yes, a view has been expressed in some places that...Yes, a view has been expressed in some places that the secession of Scotland from the UK would mean that the entire UK would have to re-apply for EU membership. I don't think that the view has much actual force but let's suppose for a moment that it does:<br /><br />1. Would the present government even bother to re-apply?<br /><br />2. If Scottish independence means loss of EU membership for the entire present UK then why isn't the entire UK being balloted? The economic future of the entire country is bound up with the question of EU membership.<br /><br />However, I don't think that what you refer to as "the rump" would actually lose EU membership though all sorts of difficult questions arise which I hope to touch upon in a later post.<br /><br />The EU operates within the law set out in the various Treaties. The Treaties are actually silent on the position regarding secession of part of an existing member state. The way is therefore wide open for a negotiated position which would retain Scottish membership. However, a great deal would depend on how Edinburgh plays its hand. If too many demands are made then this may drive the EU to insist on Scotland applying and having to go through the full accession process.<br /><br />Courts "as such" are perhaps unlikely to play much of a role in all of this other than perhaps being called upon to deal with particular issues as and when they arise.<br /><br />The Edinburgh agreement puts it beyond doubt that the Scottish Parliament will be empowered to hold the referendum. There was some debate about this and I was of the view that Westminster needed to act to make it possible - please see my <a href="http://obiterj.blogspot.co.uk/2012/01/scotland-we-need-to-talk.html#more" rel="nofollow">post back in January</a>. This proved to be correct.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-72338396900291230362012-10-28T22:12:04.719+00:002012-10-28T22:12:04.719+00:00I doubt it's a legal question. In what court ...I doubt it's a legal question. In what court would it be adjudicated?<br /><br />It's worth pointing out that the question applies to the rump of England, Wales and Northern Ireland as much as to Scotland. If a state signatory to the treaties splits into two, it's hard to make the case that the treaties only apply to one of the pair. It's clear that a successor state could renounce any treaties that its parent entered into, but if it declares that it intends to abide by them, who can quarrel? Scotland will certainly wish to continue to abide by the treaties. England, Wales and Northern Ireland, perhaps not so much. At least there's a body of opinion, even within the governing party, that would relish renunciation.jimhttp://www.jimandellen.orgnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-27482924223983821212012-10-27T22:25:07.548+01:002012-10-27T22:25:07.548+01:00Thank you - I am grateful. I intend to follow thi...Thank you - I am grateful. I intend to follow this up with a further post in a day or two when I have done more research. At this stage, I suspect that, in the event of independence, some sort of pragmatism will eventually have to prevail. Scotland is not in the same position as a state seeking to accede to the EU for the first time.<br /><br />The way that the Scotland situation is handled will set a benchmark which some secessionist movements on mainland Europe may seek to have applied to their situation. <br /><br />My own belief is that the Union ought to be maintained and a federation would do that. However, Mr Salmond is not appearing in a good light when he engages in "obfuscation." However this may be, this blog tries to look at the legal questions though these do not exist in vacuum but only in the contexts in which they arise.<br /><br />The article by Professor Walker is most interesting.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-75131154714212970882012-10-27T20:31:35.592+01:002012-10-27T20:31:35.592+01:00Salmond did the only thing he could do! No one in ...Salmond did the only thing he could do! No one in the EU or NATO will answer this question as the UK is the current member state - so it is easy for the Unionists to attack? He now has to continue to promote the line that there is no earthly reason why Scotland would be ejected or rejected. But IMHO he would probably be better to explain why they cannot answer prior to a referendum result and quit the obfuscation???<br />As regards a feral solution the SNP didn't block this the arrogant bast**ds in Westminster did because they could not live with the loss of control. Many SNP members IMHO could have lived with that but it was never on offerFourfolksachehttps://www.blogger.com/profile/12651190231842907126noreply@blogger.com