A former European Court of Justice judge has rejected the idea an independent Scotland would have to leave the European Union (EU).
Sir David Edward, who served in the role from 1992 to 2004, said there is no basis in law for the position taken by European Commission President Jos Manuel Duro Barroso.
Sir David said: “All that is certain is that EU law would require all parties to negotiate in good faith and in a spirit of cooperation.”
He added: “The results of such negotiation are hardly if at all a matter of law.”
Deputy First Minister Nicola Sturgeon welcomed the comments.
She said: “Sir David’s view that negotiations on Scotland’s continued European Union membership will take place before independence concurs with the Scottish Government’s position.
“And his opinion that Scotland’s continued EU membership will require a treaty amendment not an accession treaty also coincides with our position, especially given that Scotland by definition already meets the EU entry criteria.
“I look forward to taking forward the case for Scotland’s future in Europe, and Sir David’s opinion is a very significant development which underlines the case for an independent Scotland’s continued EU membership, with specific terms negotiated from within.”
Blair Jenkins, chief executive of Yes Scotland, said: “This is an extremely significant contribution from Scotland’s foremost expert in EU law. It counters misleading claims that somehow Scotland would be expelled from the EU on independence.
“Sir David sets out the legal position, but he also highlights the common sense arguments, that tell us that energy rich Scotland, part of the EU for 40 years, and with a vast swathe of the EU fishing waters, will be a welcome part of the EU as an independent nation.”