SNP plans to continue charging English students tuition fees if Scots vote for independence in September are likely to be rejected by European judges, according to a leading north-east academic.
Paul Beaumont, professor of European law at Aberdeen University, said that the Scottish Government had failed to present a “worked up case” on how the “clear discrimination” could be justified under EU law.
EU rules prohibit member states discriminating on the grounds of nationality, which means Scotland has to give free university education to students from outside the UK.
But Scotland can charge tuition fees for students from the rest of the UK as the regulations do not prevent discrimination within member states.
The Scottish Government’s independence white paper proposes continuing the current arrangements in order to protect Scottish university places from students seeking to avoid high costs south of the border.
But Prof Beaumont said the question of fees had been omitted from the white paper on Scotland in the EU – and the SNP proposal has been found to be in breach of EU law since a 1988 court ruling.
“There is no worked-up case as to how this clear discrimination against the citizens of another EU member state – rest of the UK (rUK) – can be justified under EU law,” he said.
“It is hard to see the Court of Justice of the EU accepting the Scottish Government’s arguments as to how this overt discrimination against students from the UK can be justified.”
Academics have called on Alex Salmond to publish any legal advice he has on the issue. The group, Academics Together, will today publish a paper outlining the case for Scottish universities remaining in the UK.
A spokesman for Education Secretary Michael Russell said the white paper was consistent with, and informed by, legal advice received by the Scottish Government.
By convention legal advice was not disclosed he said, adding: “There is however, very clear legal opinion already published by the universities themselves on this issue.
“It makes clear the possibility of continuing the current system within EU law.”