Tag Archive: Treaties of the European Union


  • Scottish and British flags – Czechoslovakia had to renegotiate 31 treaties and 2,000 sub-agreements when it split in two (Photo: The Laird of Oldham)

  1. By Andrew Rettman

BRUSSELS – A legal opinion published by the British government says that if Scotland splits from the UK it would also lose its EU membership.

The 111-page paper, put out on Monday (11 February), also notes that if the EU accepted Scotland as a new member, it would probably be forced to join the euro, it would lose its part of the UK rebate in the EU budget, and if it joined the EU’s passport-free Schengen area, the UK would impose passport controls on the new British-Scottish border.

It adds that Scotland would have to apply to join other multinational bodies, such as the International Monetary Fund, Nato and the UN, with no guarantee of a place.

The paper, based on an analysis by law professors James Crawford from Cambridge University and Alan Boyle from the University of Edinburgh, comes ahead of a Scottish referendum on independence next year.

It is set to make interesting reading in Catalonia, which aims to hold a vote also in 2014 on splitting from Spain.

Crawford and Boyle warn that: “There is no clear precedent for a metropolitan part of an EU member state becoming independent and then either claiming automatic membership or seeking in its own right to join the EU … This means that the following discussion must necessarily be somewhat speculative.”

But they add: “On the face of the EU treaties and other indications, it seems likely that Scotland would be required to join the EU as a new member state.”

They note “this is not to suggest that it is inconceivable for Scotland automatically to be an EU member … [but] it is not required as a matter of international law, nor, at least on its face, by the EU legal order.”

They also say that even if Scotland kept EU law on its books “it would not cause Scotland or its citizens to have any rights or obligations under the EU treaties.”

 

Related

  1. Independent Scotland would not join euro, minister says
  2. Pro-independence surge in Scotland

 

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Crossroads News : Changes In The World Around Us And Our Place In It

Internet Neutrality : Invasion Of Privacy

Authorities gain power to collect Australians’ internet records

Bianca Hall
The Sunday Morning Herald
Laws passed today will allow authorities to collect and keep Australians’ internet records, including their web-browsing history, social media activity and emails.Attorney-General Nicola Roxon said the laws would help police track cyber-criminals around the globe, and would give authorities the power to find people engaged in forgery, fraud, child pornography, and infringement of copyright and intellectual property.

The laws will also allow Australia to accede to the Council of Europe Convention on Cyber-crime, which has 34 members.

”Cyber-crime is a growing threat that touches all aspects of modern life,” Ms Roxon said. ”It poses complex policy and law enforcement challenges, partly due to the transnational nature of the internet.”

But Greens communications spokesman Scott Ludlam said the laws went further, and the government had failed to explain why the far-reaching powers were necessary.

”The European treaty doesn’t require ongoing collection and retention of communications, but the Australian bill does,” Senator Ludlam said.

”It also leaves the door open for Australia to assist in prosecutions which could lead to the death penalty overseas.”

The legislation will allow the Australian Federal Police to collaborate with international authorities in seeking Australian communications data under warrants.