Relations between Debates on Scotland's Independence and UK's Withdrawal from the EU: Constitutional and Political Analysis

Przemyslaw Biskup, Institute of European Studies, University of Warsaw

This paper aims to analyse the relations between debates on Scotland's independence and UK'swithdrawal from the EU, with emphasis laid on the influence of the Scottish referendum on holding theEU referendum (and on its possible result).For last two decades the British politics and constitution has been undergoing deep transformation,connected with the European integration and devolution, which is about to come into decisive stage.There have already been observed a visible shift in UK's European policies since the 2010 GeneralElection, Sovereignty Bill was passed in the form of the European Union Act 2011, and the ScottishNational Conversation is to be concluded by the 2014 vote.Both debates are of very interesting from the legal and the political point of view, and they are closelyrelated. First, they are likely to produce results of radically new nature, to which there are not too manyready answers (as Scotland would be the first seceding state willing to remain the EU member; andthe UK would be the first Member State willing to leave the EU). Secondly, the current Scotland'sposition within the UK seems to resemble the UK's within the EU, and is based on appreciation of thebenefits of the common market and its constituent freedoms, and on questioning of the politicalcommitments that go with it. Thirdly, most of the principal arguments supporting the case for theScottish referendum are actually applicable in case of vote on Europe. Last but not least, the debatesshall deeply influence the constitution based on the principle of Parliamentary sovereignty (byempowering an instrument of referendum), and of the British Union (by determining its existence /federalisation).



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