The position of an independent Scotland within the European Union (EU) has recently been a subject of considerable debate. The European Commission has argued that any newly independent state formed from the territory of an existing Member State would require an Accession Treaty. This article critiques that official position and distinguishes between a set of claims that could be made on behalf of an independent Scottish state, and a set of claims that could be made on behalf of the citizens of an independent Scottish state vis-à-vis the EU. It argues that the general principles of the EU Treaties ought to govern how Scotland is treated, and that a new Accession Treaty is not necessary. Furthermore, notwithstanding the jurisprudence of the European Court of Justice (ECJ) in the area of EU citizenship, we conclude that EU citizenship itself is not sufficient to guarantee or generate membership of the EU.
Bibliographical noteThis is the peer reviewed version of the following article: Kenealy, D &
MacLennan, S 2014, 'Sincere Cooperation, Respect for Democracy, and EU Citizenship: Sufficient to Guarantee Scotland’s Future in the European Union?', European Law Journal, vol. 20, no. 5, pp. 591-612. which has been published in final form at https://dx.doi.org/10.1111/eulj.12097This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.