In reply to off-duty:
> As I have said it almost certainly could/would be. However if that element is not addressed somehow by somebody it won't be.
In the event of a Yes vote, Independence won't take effect until spring 2016 at the earliest. So there will be at least 18 months to address it, in the event of a Yes vote - that's if preliminary negotiations aren't already under way. And unlike the analogous Czech/Slovak situation, Scotland's legal system is
already subject to the EHCR.
> To lump it alltogether in the "I havent thought about this but it'll be alright box" isnt addressing the issue.
I quite agree - but what makes you think that's what's happening? It's mentioned on p. 227, 229 and 260 of the Scottish Government's White Paper on Independence - so rest assured, they have at least thought about it. And they already knew the difference between the EU and the Council of Europe, without needing to have it pointed out to them, so they're clearly experts.
> I think the consequences of being outside the EHCR for 6 months might be further reaching than you imagine - unless it is addressed.
See above.
> The difference being that the "no" box consequences are all set within a known democratic and political framework (and in the case of the EU as uncertain as a general election result, if not more so), rather than a leap into the dark
What does that actually mean? I'm struggling to see any difference whatsoever.
There is now (belatedly) talk about 'Devo Max' in the event of a No vote. But there's been no equivalent of ScotGov's White Paper and no firm guarantees. We don't know who will win the General Election in 2015, and we don't know what the result of the 2017 Referendum on EU Membership (if it happens) will be. If you're looking for certainies in the event of a Yes or No vote, you won't find them.
Some people are prepared to live with a bit of additional uncertainty in pursuit of the bigger goal, i.e. Independence. If people aren't, that's fine. But if they are, you really shouldn't take it so personally.