International and Comparative Law Quarterly


Independence: In or Out of Europe? An Independent Scotland and the European Union

Matthew Happold*

There is a question mark over the future of the nation-state in Europe. National monetary policy has been transferred to the European level in most European Union member States. Over the next ten years the EU will have a stronger role in defence and foreign policy, immigration and law enforcement. The very policies that supposedly define the concept of national sovereignty are no longer the exclusive domain of national governments.


* Lecturer in Law, University of Sussex. An earlier version of this paper appeared as a Centre for European Reform working paper, “Scotland Europa: Independence in Europe?”, CER, Apr. 1999. I am grateful to Ben Hall and Kitty Ussher, my editors at the CER, and to my former colleague Chanaka Wickremasinghe of the British Institute of International and Comparative Law for their assistance.