SNP WELCOME PROFESSOR SIR DAVID EDWARD INTERVENTION IN EUROPE DEBATE
Monday, 17 December 2012 17:32
EU “OBLIGED TO ENTER INTO NEGOTIATIONS” BEFORE INDEPENDENCE
The Scottish National Party has welcomed the written opinion by Professor Sir David Edward, British Judge on the European Court of First Instance from 1989-1992 and of the European Court of Justice from 1992 to 2004. He is a Professor Emeritus of the University of Edinburgh, where he was Salvesen Professor of European Institutions and Director of the Europa Institute from 1985 to 1989.
In his paper, Professor Sir David says: “my opinion is that, in accordance with their obligations of good faith, sincere cooperation and solidarity, the EU institutions and all the Member States (including the UK as existing), would be obliged to enter into negotiations” before an independent Scotland takes effect.
He also writes: “Looking to the presumed intention of the Treaty-makers . . .They cannot have intended the paradoxical legal consequences of automatic exclusion suggested above (paragraphs 11-13) nor, at a more practical level, that the complex skein of relationships, liabilities and obligations created by EU law should be allowed to unravel without measures being taken to prevent it.”
Commenting, Falkirk East SNP MSP Angus MacDonald said:
“This is a very welcome and authoritative opinion by Sir David – one of Europe’s most experienced EU legal experts – setting out the clear position that negotiations would take place from within the EU after a Yes vote and before Scotland becomes an independent country.
“It is based on solid, well-documented assumptions which confirm the position of common-sense and political reality.
“It will be in the interests of the rest of the UK and the whole of the European Union – as well as Scotland – for our membership of the EU to continue as an independent country, and we will negotiate from a position of strength, with around 90% of the EU's oil reserves and a huge share of the EU’s renewable energy, as well as some of the richest fishing grounds in Europe.