Fact Check: Is Scotland in the EU?

Is Scotland in the EU?

The claim that "Scotland is in the EU" requires careful examination, particularly in light of Scotland's political status following the Brexit referendum and ongoing discussions about independence. While Scotland was a member of the European Union prior to Brexit, its current status is more complex and hinges on future political developments.

What We Know

1. Brexit Context: Scotland voted to remain in the EU during the 2016 Brexit referendum, with approximately 62% of voters supporting continued EU membership [2]. However, the UK as a whole voted to leave, which resulted in Scotland's exit from the EU when the UK officially departed on January 31, 2020.

2. Independence and EU Membership: The Scottish Government has expressed a desire to rejoin the EU if Scotland becomes independent. The potential for this hinges on a second independence referendum, which remains a contentious topic in Scottish politics [4][7].

3. Legal and Political Implications: If Scotland were to gain independence, it would need to apply for EU membership as a new state. This process is not guaranteed and would require meeting the EU's criteria for membership, which includes adherence to the Copenhagen criteria [8].

4. Current Status of EU Law: Following Brexit, Scotland has retained some EU laws through the process of "retained EU law," but these laws are subject to change by the UK Parliament [6]. This means that while Scotland operates under some EU regulations, it is not a member of the EU and does not have a say in EU governance.

5. Future Prospects: Discussions about Scotland's potential re-entry into the EU are ongoing, with various political factions advocating for different approaches. The Scottish Government maintains that rejoining the EU would be beneficial for Scotland's economy and international standing [1][2].

Analysis

The sources available provide a mix of factual information and political perspectives.

• Government Sources: The Scottish Government's publications [1][2] are authoritative in terms of reflecting the official stance on Scotland's EU membership aspirations. However, they may exhibit bias, as they are designed to promote the Scottish Government's agenda regarding independence and EU re-entry.

• Academic and Informational Sources: The Wikipedia entries [3][4] provide a broad overview of the situation but should be approached with caution, as they can be edited by anyone and may not always reflect the most current or accurate information. The entry on the potential enlargement of the EU [3] is relevant but does not directly address Scotland's unique situation.

• Research Institutions: The article from the Centre on Constitutional Change [8] offers a more analytical perspective on the implications of independence and EU membership, but it is important to consider the institution's potential biases based on its focus on constitutional issues in the UK.

• Public Opinion and Political Analysis: The NatCen publication [7] discusses how Brexit has influenced Scotland's constitutional debate, providing insights into public sentiment and political dynamics. However, it is essential to recognize that public opinion can be fluid and influenced by ongoing political events.

Overall, while there is a clear desire among some Scottish leaders and citizens to rejoin the EU, the current legal and political framework does not support the claim that Scotland is presently a member of the EU.

Conclusion

Verdict: False

The claim that "Scotland is in the EU" is false. Scotland was a member of the European Union until the UK left the EU on January 31, 2020, following the Brexit referendum. Although there is a strong desire among some Scottish leaders and citizens to rejoin the EU, this is contingent upon Scotland gaining independence and successfully applying for EU membership as a new state. Currently, Scotland operates under some retained EU laws, but it does not have the rights or responsibilities of EU membership.

It is important to note that the situation is fluid and subject to change based on political developments, particularly regarding independence and potential future referendums. The evidence available primarily reflects the current legal and political landscape, which does not support the claim of Scotland being an EU member at this time.

Readers should be aware of the limitations in the available evidence and the complexities surrounding Scotland's political status. As discussions about independence and EU membership continue, it is crucial to critically evaluate information and consider multiple perspectives on this evolving issue.

Sources

1. European Union - Independence: what you need to know. gov.scot
2. Brexit - gov.scot. gov.scot
3. Potential enlargement of the European Union. Wikipedia
4. Proposed second Scottish independence referendum. Wikipedia
5. Forums cowcotland, entraide, avis, hardware. cowcotland
6. Assimilated EU law reform: Where does Scotland stand in ... spice-spotlight.scot
7. How Brexit has changed Scotland's constitutional debate. natcen.ac.uk
8. Can Scotland Leave the UK and Remain in the EU? centreonconstitutionalchange.ac.uk