I’m now convinced it will be a matter of months from independence day.
When I studied the EU back at Law School and then the College of Europe in Warsaw, there was a fundamental principle – all EU member states, however big or small, have equal status and everything applies equally across the bloc unless there is a good reason.
I was in Warsaw 1995/96, and as well as coming away with a deep affection for Poland, I gained a thorough knowledge of the ins and outs of EU accession because we were able to study it in real time on the ground.
There were, of course, always exceptions to the rule.
The UK and Ireland were not in the Schengen visa-free travel area because the UK was led by cowards and Ireland is an island with a sensitive land border with only one other state.
For good measure, Norway is not in the EU but is in Schengen because it has a long and happily uncontroversial land border with Sweden, which is.
Denmark has opt-outs from some Justice and Home Affairs provisions from the referendum on the Lisbon Treaty, all states have committed to join the euro at some point but some are keener than others.
One size fits all, unless it doesn’t.
Last week, Brussels turned all this on its head.
I still have my old EU law books on my bookshelves; they’re now antiques.
The Commission has presented the idea of “reverse enlargement” when considering Ukraine, but it will also apply to other applicant states like Moldova, Montenegro and Albania, as well as any other future applicant state.
Essentially, the accession process was always to use the carrot of EU status and access to EU financial support to spur reforms to ready applicant states for membership into the body of laws, the acquis communautaire.
Thirty-five different “accession chapters” are opened, on different bundles of things to be negotiated, and as each is agreed as quickly as agreement is reached, then the European Commission recommends membership, the Council of Ministers representing the governments agrees, unanimously, the European Parliament agrees by majority vote, a date is set, then EU membership takes effect on that day.
There’s no timetable for the negotiations; you’re ready when you’re ready, and nothing is agreed until everything is agreed.
No more.
Now, the Commission is proposing to allow partial EU membership in 2027, giving Ukraine EU status and a seat at the top table, before it has fulfilled all the usual criteria, with these rights and obligations being phased in later.
It is a revolution in how this works, but also a recognition of the urgency that the EU feels to give serious political support to Ukraine, that there is a destination in sight and that they should stick with Brussels.
It is controversial with a few current members, especially Hungary, but if this becomes the practice, as I think it will, then it changes Scotland’s position significantly.
EU membership has been the goal of the SNP since the 1990s, and in 2014, we proposed to move from being part of an EU member state to a member in our own right.
This was untested in EU law and resisted by the UK, but so what? We voted No, with many folks voting No precisely to protect their EU status.
But given what has transpired since, we’ll now be applying to join from outwith the bloc.
The accession process is already a well-trodden path, and the Commission is looking at making it even faster.
We’re not the first state to go through an accession process, but we are the best prepared.
Because we were part of the EU for so long, legally, institutionally and politically, we start the process with a massive head start.
With 73% of Scots in favour of EU membership, there’s already a strong consensus that will boost urgency to our application.
And if the EU practice becomes that you can join while negotiating, having agreed in good faith to dot the i’s and cross the t’s from within the bloc, then it will be even faster.
I’m honestly really excited, the case for joining has never been stronger as we look to save ourselves from Brexit Britain, and now the process, which was already smooth, will be even faster.
I’ve been knocking a lot of doors lately and a word that keeps coming up is hope.
A lot of folks have lost faith in the contract the state (however you define it) should have with the citizen.
A lot feel fearful of the future.
I think the SNP and Yes movement have the answer; independence in Europe, putting all of Scotland’s massive resources to the betterment of everyone in the nation, working with our friends and colleagues Europe-wide towards a better state, a better Europe, a better world.
There’s a prize to get excited about, and the path to the EU has just got a lot easier.