Sir, – In his report on the Barroso-Salmond stand-off on whether an independent Scotland would be in or out of the EU, Mark Hennessy writes that some other member states fear that Scottish independence would encourage secessionist forces in their countries (World News, February 18th) . Spain is usually mentioned as determined to veto Scotland's re-entry into the EU. I believe this can't happen.
Article 4.2 of the Consolidated Treaty on European Union requires the Union to respect member states’ “national identities inherent in their fundamental structures, political and constitutional, inclusive of regional . . . self-government”. If the “Ayes” win the Scottish referendum, its independence will become part of the UK’s fundamental constitutional structure, and the EU’s institutions will be required to respect that situation, either by re-admitting Scotland, or, more likely, by deeming it not obliged to leave in the first place.
In the interval after the referendum, the UK would, however reluctantly, have to present forthcoming Scottish independence as a new regional self-government arrangement approved under its laws, and to argue for the retention of Scotland within the EU. Any attempt by Spain to veto this would be invalid as contrary to Article 4.2.
Spain’s fears about this process encouraging Catalan secessionism are groundless. Whether Madrid keeps the status quo, or makes changes in the status of Catalonia short of independence, its policies must be respected by the EU’s institutions, including the other member states in council. – Yours, etc,
MICHAEL DRURY,
Avenue Louise,
Brussels, Belgium.