Can anyone explain if it is definately going to be a case of an independent Scotland being considered a 'new' state and the rest of the UK being the continuing one per say rather than simply splitting in two? Though I'd rather they stuck with us the SNP seem to be taking the approach that they're already EU members etc.. In some respects surely they have a point - Scotland and England(with Wales tagging along) already existed as independent nations, they then joined together in a union if that union ceases to be then surely they're both back to being two independent states that have both been around for hundreds of years... Scotland isn't a 'new' state per say and its already within the EU, elects MEPs and is populated with 5 million EU citizens... If the union is being disolved then why does the larger state get to claim everything? I'm really not sure it is as simple as they'll have to apply again, there will be borders, Spain will block them etc... Obviously that is the line that is being spun from the No campaign and the Yes campaign has perhaps an overly optimistic view too. It just seems very hypocritical that an organisation that's trying to expand and promote free trade, democracy etc.. would potentially alienate and make things difficult for a group of people who are already a part of it and have simply exercised a democratic right to self determination.
The simple answer is that there is no legal precedent so no one knows what will happen.
On one side of the spectrum is that the European community says "ah, well" come and join us round the fire - we know you well, you already practice our laws etc...
The other side of the spectrum is that the European community demands that Scotland apply for full membership of the EU under the current process. There are a number of key requirements that would then be incumbent on Scotland (which it does not currently fulfill) and which would have far reaching effects.
The first is that Scotland would have to use the Euro. To see the issues that arise from this, look to the Eurozone since roughly 2010 and more specifically Ireland, France, Portugal, Spain, Greece etc... (and, in a different way, Germany for having to bail them out). This is clearly part of the wider currency debate but is the peculiarly EU aspect to it.
The second is that Scotland would have to join the Schengen zone. If Scotland were then to take a different line on immigration policy, to provide the most salient example among many, it would most likely have to leave the Common Travel Area, and, depending on the details of Scotland's new policies, varying degrees of border control would have to be implemented. This would have effects that are difficult to quantify right now but are unlikely to be positive in the short to medium term.
The third is that Scottish membership would have to be unanimously approved by all the other 28 member states. Scotland is in a weak negotiating position on this front because there are other member states that are not so keen on the ideas of referendums of self-determination that, even, in fact, view the idea of such nationalistic principles as being redundant within an increasingly federalised European Union. Consequently, on most negotiating points with the EU, or more to the point, the influence of individual member states, Scotland will be holding a weak hand. For instance, it is very difficult to imagine Scotland arguing for the kind of rebate that the UK currently enjoys.
Finally, Brussels moves at the glacial pace of a continental bureaucracy. Given that the new Juncker Commission was only proposed yesterday and is yet to be confirmed, it is difficult to see the admission of Scotland as being a high priority in Brussels any time soon. Taking account of the EU world's general caution, it is certainly not inconceivable for Scotland's admission to be delayed by a minimum of 2 or 3 years and perhaps only being resolved at the end of the Commission's term in 2019.
However, this is politics, so any settlement would likely compromise at some point along the spectrum between "get comfy" and "obey the rules", however with the EU looking Eastwards first and foremost and having established a very well worn accession route by now, there would seem to be very little room for maneouvre for an independent Scotland.
(e2a - hyprocritical, that's EU stock in trade!)