Marc Weller: Where there is a plan there is a way to the EU When Czechoslovakia split the two new states retained both UN and EU membership (AP) Published on Thursday 1 November 2012 00:00 Politicians must act now to lay the foundations for an independent Scotland's place in Europe, writes Marc Weller Would an independent Scotland automatically become a member of the EU? The answer to this question will influence the decision of the electorate in the referendum on possible independence. However, none of the diverging views that are being put forward by the political parties are in fact correct. The first view claims that Scotland would automatically inherit EU membership. It is argued that EU law protects individuals from the arbitrary withdrawal of their nationality. As a denial of continuous EU membership would imply a withdrawal of EU citizenship from the people of an independent Scotland, such a denial could not occur. This is not true. EU citizenship is expressly subsidiary to national citizenship -- it follows nationality. If the home state leaves the Union, EU citizenship and the benefits it brings can be lost. And while the EC/EU legal instruments do not foresee a withdrawal from the Union, it is nevertheless possible for territories to depart. Greenland left the EC in 1985 in the context of its enhanced home rule granted by Denmark. A further argument is based on fundamental or human rights. International law assigns these to individuals, rather than states. The human rights of individuals