Scotland in the EU: The EU is an Empowering, Not a Blackmailing Tool

Abstract

It is clear that the current developments – with no regard to the concrete outcome of the Scottish referendum – open up a new chapter in the history of Europe. It is argued that the EU should not be used as a blackmailing tool to ensure that Scotland remains part of the UK: the European Union cannot possibly be construed as an instrument to punish democratically and legally sound deviations from the pre-existing reality of 28 Member States: an existing state necessarily cannot have any bigger ethical value (if any at all) compared with a newly-formed state in Europe. Unlike what Prof. Weiler submits, Scottish independence only becomes a brand of ‘Euro-tribalism’ if Scotland – either in the expression of its own will, or as a result of mounting pressure – decides not to be part of the European family of nations united in the European Union. EU law offers enough flexibility to accommodate Scotland in a speedy way. What is needed, however, is strong political will, which might be lacking.