Final Considerations: European Integration Outside the European Union

IV. Final Considerations: European Integration Outside the European Union

For the event that the solution given by the institutions would actually be to automatically leave an independent Scotland or Catalonia out of the EU, there are still several ways through which they could participate in the European integration process following the Norwegian 181 , Icelandic or Swiss paths.

Firstly, the conclusion of a bilateral agreement between the Union and these potential new States could be a possibility. Article 216 of the TFEU establishes that the Union may conclude an agreement with one or more third countries. These agreements could be association, commercial and cooperation agreements.

Commercial agreements cover the field of Articles 207 s common commercial policy, but in accordance with the third paragraph of this provision, they should be concluded in accordance with the proceeding established in Article 218 of the TFEU. This means that the consent of the European Parliament and a qualified majority of the Council are required. One of the novelties of the Lisbon Treaty has been the enhanced capacity with which the Union can conclude international agreements, thanks to the consolidation of the legal personality that Article 47 of the TEU institutes. Thus, same as in the case of Kosovo, it would be possible for Catalonia or Scotland to conclude an agreement exclusively with the Union. From the voting perspective, the new regime of the Lisbon Treaty requires a 55% majority of member States, which shall represent at least a 65 % of the European Unions population 182 . This new voting system will enter in force in November 2014. Nevertheless, during a transitional period from that date untill the 1 st April 2017, any member State of the Union could request to apply the old system 183 .

An example of association Agreement is the one established between the Union and the European Free Trade Association (EFTA) countries (Iceland, Liechtenstein, Norway, and Switzerland) in order to give birth to the European Economic Area (EEA) 184 . This area permits the EFTA member States to participate in the Internal Market thanks to the correspondent transposition of the acquis communautaire. In particular, this means that the four freedoms are guaranteed for these outsider countries. Also, the EEA foresees comprehensive policy areas such as environment, competition law, social policy or consumer protection. If Catalonia or Scotland would not be able to participate within the EEA through membership to the European Union, an acceptable solution would be to apply for admission to the EFTA. According to Article

56 of the EFTA Convention, this process would require the unanimity of its four current members.

180 Ibid 120. 181 Outside and Inside: Norway s agreements with the European Union, Official Norwegian Reports (2012). 182 Articles 16 of the TEU and 238 of the TFEU. 183 Protocol No 36 on Transitional Provisions, TFEU. 184 Decision 94/1/CE on the conclusion of the Agreement on the European Economic Area.

Finally, in order to be a part of the Schengen area, a specific association agreement would need to be concluded. This has been done in the cases of Norway and Iceland 185 .

185 Agreement concerning Association with the Implementation, Application and Development of the Schengen acquis.