The governance of justice and internal security in Scotland: between the Scottish independence referendum and British decisions on the EU

Abstract

This article examines how the governance of justice and internal security in Scotland could be affected by the outcome of the Scottish independence referendum in September 2014. The article argues that it is currently impossible to equate a specific result in the referendum with a given outcome for the governance of justice and internal security in Scotland. This is because of the complexities of the current arrangements in that policy area and the existence of several changes that presently affect them and are outside the control of the government and of the people of Scotland. This article also identifies an important paradox. In the policy domain of justice and internal security, a ‘no’ vote could, in a specific set of circumstances, actually lead to more changes than a victory of the ‘yes’ camp.

Keywords:

• area of freedom, security and justice
• independence referendum
• justice and home affairs
• opt-out
• Scotland

Acknowledgments

Research for this article was supported by two Marie Curie Career Integration Grants within the 7th European Community Framework Programme, which have been awarded to Christian Kaunert and Sarah Léonard respectively. This article was also developed with the support of a Newton International Fellowship, which has been awarded to Helena Carrapiço and Christian Kaunert by the Royal Society and the British Academy.

Notes on contributors

Christian Kaunert is a Professor of International Politics and Jean Monnet Chair in Justice and Home Affairs in the School of Humanities at the University of Dundee. He also holds a Marie Curie Career Integration Grant (2012–2016).

Sarah Léonard is a Senior Lecturer in Politics in the School of Humanities at the University of Dundee. She also holds a Marie Curie Career Integration Grant (2013–2017).

Stephen Rozée is a Lecturer in Politics in the School of Humanities at the University of Dundee.

Helena Carrapiço is a Newton International Fellow in the School of Humanities at the University of Dundee. Her current research project focuses on the UK opt-ins and opt-out strategies in the area of Justice and Home Affairs.