Sturgeon dealt blow as Spain to 'hold horses' on Scotland EU accession over election year

Spain could pull the rug from under Nicola Sturgeon's bid to re-join the EU if it gains independence from the UK without Westminster's consent.

Scotland: Spanish elections could delay EU bid says expert

's bid to re-join the could be delayed by a veto, an EU expert warned. Spain will be in the midst of an election year in 2023 and parties will be reluctant to allow an independent Scotland into the EU at such a volatile political moment. If the SNP's application to the EU clashes with the Spanish general election, Scotland's accession to the EU will undoubtedly be delayed after the elections, Dr Georgopoulos said.

Dr Aris Georgopoulos, Assistant Professor in European and Public Law, told Express.co.uk: "I think that in an election year, it would be much more difficult."

If next year's Spanish general elections clash with the Scottish application, "then all the parties, including all those that generally speaking are more flexible will hold their horses up until the end of the elections. It will not happen," Dr Georgopoulos said.

"The Scottish accession [to the EU] will not happen overnight."

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Pedro Sanchez and Nicola Sturgeon

Spain could veto Scottish application to the EU if it gets independence without Westminster consent (Image: GETTY)

Dr Aris Georgopoulos

Dr Georgopoulos said Spain will most likely veto Scotland's application to the EU during elections (Image: EXPRESS)

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Pedro Sanchez's Government confirmed in 2018 that Spain would have no objection to Scotland rejoining the European Union as an independent nation, as long as the secession process from the United Kingdom was legally binding.

"Why not? If they leave Britain in accordance with their internal regulation [and] if Westminster agrees, why should we be against it?" Josep Borrell, the then-Foreign Secretary said.

How Scotland gains independence will play a key role in Spain's decision. Spain has never recognised Kosovo as a legitimate country after the Balkan state unilaterally declared its independence from Serbia in 2008. If Scotland were to gain independence without Westminster's consent, Spain would veto its accession to the European Union.

"Spain considers they have unilaterally gained independence. So from the Spanish stance, these countries are not recognised out of fear for an analogy with similar independence movements going on in Spain," Mar Aguilera Vaqués, professor of constitutional law at the University of Barcelona, told Express.co.uk.

Nicola Sturgeon

Nicola Sturgeon has fought tooth and nail for independence since Brexit (Image: GETTY)

Josep Borrell

Josep Borrell confirmed Spain would not veto a Scottish accession to the EU under certain conditions (Image: GETTY)

Scotland's First Minister has fought to force through independence six years after Scotland was ripped out of the European Union against the Scottish people's will. 

During the 2016 Brexit vote, an overwhelming majority of Scots voted to remain in the European Union. After failing to get independence in a first vote in 2014, Nicola Sturgeon has leveraged the Brexit argument to justify a new vote. 

But she has consistently faced the opposition of successive Conservative Prime Minister who have all refused to grant Holyrood a section 30 order on the grounds the economic crisis and political circumstances did not justify the need for another vote. 

The Scottish First Minister is now taking the battle for independence to the UK Supreme Court, where she hopes judges will rule in the SNP's favour and allow Scotland to hold a legal second referendum. 

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Lord Advocate Dorothy Bain

Lord Advocate Dorothy Bain argued their vote would have no legal effect on the union (Image: GETTY)

During a two-day hearing in the court, Lord Advocate Dorothy Bain, who is leading for the Scottish Government, argued their demand for an advisory referendum would have no legal effect on the union, adding that "the legal consequences of the bill are, relevantly, nil".

On the idea of a "consultative" vote, UK lawmakers said there is no secret about the Scottish government's intention - to "achieve independence for Scotland".

"A referendum is not, and is not designed to be, an exercise in mere abstract opinion polling at considerable public expense. Were the outcome to favour independence, it would be used... to seek to build momentum towards... termination of the union and the secession of Scotland", the UK government wrote. 

If the Supreme Court rules in the SNP's favour, Nicola Sturgeon has pledged to hold a vote on October 19, 2023. If not, she has threatened to solely run on the message of independence and consider an SNP victory as a de facto vote on independence.

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