British negotiators tell Brussels that European Court of Justice ‘will get final say’ on Brexit legal disputes
Officials have caved into demands that the ECJ be the 'ultimate arbiter' on cases of European law
BRITISH negotiators have promised Brussels that euro judges will get the final say on the majority of legal disputes arising from the Brexit withdrawal pact.
UK officials have caved to demands that the ECJ be the “ultimate arbiter” on cases of European law covering areas including EU citizens’ rights and the divorce bill.
The draft Withdrawal Agreement also proposes a Ukraine-style joint committee system will settle rows in other areas, such as the Irish backstop arrangement - which the UK is claiming as a win of its own.
But an EU source said: “Our legal requirement is that the ECJ be the ultimate arbiter of EU law. We’d never be able to agree to anything else.”
The Sun understands that while UK has made political guarantees for the ECJ's ongoing role, technical talks are ongoing and No10 is yet to give the controversial move the the final sign off.
Theresa May giving euro judges any ongoing jurisdiction over any matter of law would break one of the PM's initial Brexit red lines.
The revelation infuriated eurosceptics, who said the concession could leave Britain under the thumb of euro judges for years to come.
Tory MP Mark Francois told The Sun: “You don’t need a law degree to know that if ultimately decisions which are disputed will be taken by the ECJ we’ve not taken back control of our laws.
“By still being subject to a foreign court and their ultimate decision making power we haven’t really left. That’s the key principle.”
On Monday the PM said the two sides “have agreed the broad scope of provisions that set out the governance and dispute resolution arrangements”.
In a speech to the Commons she said 95% of the Withdrawal Agreement was complete and the Irish border was the only remaining “sticking point”.
UK sources said a joint arbitration committee will be set up and admitted cases relating to EU law may be passed by it to the ECJ for a binding judgement.
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An EU diplomat added: “Constructive discussions have taken place on the governance of the Withdrawal Agreement, including a role for the ECJ.
“We understand there is some good progress in this respect.”