Brexit and territorial governance : growing pressure on the devolution process
Pages 63 à 82
Citer ce chapitre
- CAMP-PIETRAIN, Edwige,
- ANTOINE, Aurélien,
- GADBIN-GEORGE, Géraldine,
- BLICK, Andrew
- et GIBSON-MORGAN, Elizabeth,
- Camp-Pietrain, Edwige.
- Camp-Pietrain, E.
- A. Antoine,
- G. Gadbin-George,
- A. Blick
- et E. Gibson-Morgan
https://doi.org/10.3917/slc.antoi.2021.01.0063
Citer ce chapitre
- Camp-Pietrain, E.
- A. Antoine,
- G. Gadbin-George,
- A. Blick
- et E. Gibson-Morgan
- Camp-Pietrain, Edwige.
- CAMP-PIETRAIN, Edwige,
- ANTOINE, Aurélien,
- GADBIN-GEORGE, Géraldine,
- BLICK, Andrew
- et GIBSON-MORGAN, Elizabeth,
https://doi.org/10.3917/slc.antoi.2021.01.0063
Notes
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[1]
« An Act of the Scottish Parliament cannot modify [some] provisions of the European Communities Act 1972 », C. M. G. Himsworth, C. R. Munro, The 1998 Scotland Act, 2nd ed., Edinburgh, W. Green, 2000.
-
[2]
The Act was based on the recommandations of the independent commission chaired by Lord Smith.
A Parliament and a Government (initially called Executive) were set up in Scotland in 1999 as part of a devolution process. Relationships between British and Scottish institutions were based on voluntary agreements and political goodwill. They worked smoothly even if differences of opinion increased from 2007 when the SNP came to power in Scotland. As Pete Wishart, an SNP MP, put it in July 2019 to celebrate the 20 years of devolution, even though both sides campaigned for diverging outcomes in the 2014 referendum on Scotland’s independence, they had « agreed objectives », i. e. holding a legal referendum (HC, 11 July 2019). The Brexit referendum held in June 2016 was a turning point since the Scots voted in favour of remaining in the EU and British Governments have been unwilling to accommodate this specificity. According to Wishart, the two governments have had « totally different objectives » and intergovernmental relations « have been challenged to within an inch of their lives ». The Scottish Affairs Committee that he chaired reported « renewed strain », « mutual distrust and political stalemate ». Former senior Scottish Government civil servants described Brexit as « the worst crisis devolution has faced to date » (HC, SAC, 22 May 2019, p. 3).
Under the Scotland Act 1998 which established Scottish institutions, there are some provisions relating to European matters. Indeed, section 29 provides that « An Act of the Scottish Parliament is not law in so far as it (b) relates to a reserved matter [including foreign policies] ; (c) it is in breach of restrictions in schedule …
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