Defiant Theresa May unveils plans for a joint-run panel to settle post-Brexit rows and won’t let EU courts dictate rules
PM will again refuse repeated Brussels demands for the European Court of Justice to oversee the UK’s EU exit deal and sticks to red line over British law
THERESA May today unveils plans for a joint panel to settle post-Brexit rows with the EU - as she insists she is sticking to her red line that euro judges will never make British law again.
In a key moment for the exit talks, the PM will again refuse repeated Brussels demands for the European Court of Justice to oversee the UK’s EU exit deal.
Publishing a new position paper, ministers will hit back to insist it is “unprecedented” across the world for one country to try to legally boss another around.
Brexit Secretary David Davis will instead propose jointly-run panels to mediate in disputes.
They could include an independent third party such as Switzerland or the European Free Trade Association.
Mrs May’s stand will ratchet up tensions ahead of the third round of face to face talks next week.
Heat over the growing stand-off intensified as Ireland’s premier and the EU’s chief negotiator both slammed No10’s Brexit thinking.
The Brexit ministry also opened the door to a compromise, insisting only that the ECJ could have “no direct jurisdiction” over the UK.
That opened up the possibility of Luxembourg-based judges playing lesser roles, such as membership of the panels or setting judgements that other courts follow such as EFTA.
But critics leaped on the wiggle room to insist it was a “climb down”.
London and Brussels are at loggerheads over the ECJ’s role post-Brexit, with EU leaders remaining adamant that the court must still preside over their citizens’ rights living in the UK.
But a UK government spokesperson said: “We have long been clear that in leaving the EU we will bring an end to the direct jurisdiction of the Court of Justice of the European Union in the UK”.
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German legal expert Dr Gunnar Beck backed the PM’s stand.
The visiting Fellow at Policy Exchange’s Judicial Power Project said: “The ECJ is not an impartial court and sees itself as a guardian of ‘ever closer union’”.
Ireland’s prime minister Leo Varadkar’s issued his biggest blast yet at No10 to say he is “confused and puzzled” by its Brexit demands.
Mr Varadkar said: “What they seem to be suggesting, all along really, is that they want to have all the advantages from being in the EU but none of the responsibilities and costs.
“That’s not a realistic position so we’re waiting to see what they would like to see.”
The Taoiseach also said that “to date progress has not been sufficient”, adding to fears that trade talks will not start in October.
Hitting back at British criticism, the EU’s lead negotiator Michel Barnier also dubbed it “essential” that progress is made on the UK’s divorce bill, the Irish border and citizens’ rights in next week’s talks.
Critics dubbed Brexit ministry not ruling out the ECJ’s indirect involvement as “a climbdown”, as it left open the possibility of applying ECJ rulings in some cases.
Liberal Democrat Leader Vince Cable said: “It shows Theresa May’s red lines are becoming more blurred by the day”.
Soft Brexit campaigner and Labour MP Chuka Umunna dubbed it a “sudden shifting of the goalposts”.
Employers’ confidence in the UK economy has moved into negative territory, prompting warnings over the impact of Brexit.
A new survey by the Recruitment & Employment Confederation (REC) found 31% of employers expect the economy to worsen, compared with 28% which expect it to improve.
In another area of the talks, a Cabinet minister warned that failure to agree on the need to keep recognising each other’s court rulings after Brexit could lead to family heartaches.
Justice Secretary David Lidington pressed the EU to keep the current legal status quo for the sake of “a German wife divorcing a British husband” and “a British parent whose kids have been taken to Greece”.
All of Europe’s citizens should be able to rectify cross-border disputes “swiftly without bureaucracy”, Mr Lidington added.