Jo Shaw, Unions and Citizens: Membership Status and Political Rights in the Scotland, the UK and the EU (March 5, 2016). C. Closa (ed.), Secession from a Member State and Withdrawal from the European Union: Troubled Membership, Cambridge University Press, 2016 Forthcoming; Europa Working Paper No 2016/03; Edinburgh School of Law Research Paper No. 2016/05. Available at SSRN
This chapter – in a volume analysing aspects of the putative withdrawal of a Member State from the European Union and/or the secession of a ‘region’ from a (Member) state – makes use of the lenses of citizenship to explore the interaction between the two dimensions of ‘troubled membership’. It applies a law-and-politics approach, which locates legal change in its broader political context and focuses on the contestation of the boundaries of polity membership. After setting the scene (Section 2), the chapter explores the content of a possible future Scottish citizenship regime (Section 3) and then examines the intertwining of formal legal membership and political citizenship in respect of both the Scottish referendum and the UK’s referendum on EU membership (Section 4). The threads are drawn together in the conclusions (Section 5) through a discussion of how the EU referendum outcomes may impact upon the issue at the heart of the Scottish referendum debate, namely the ongoing viability of the UK as a union state.