European judges could be allowed to overrule British courts as part of Keir Starmer’s Brexit package.
Ministers are considering whether to bring elements of the UK-EU relationship back under the jurisdiction of the European Court of Justice (ECJ) in exchange for Brussels lowering some trade barriers.
Downing Street yesterday rejected Conservative claims that a secret team of Cabinet Office staff working to unveil key elements of Prime Minister Boris Johnson’s EU withdrawal deal amounted to a “surrender force”.
However, Number 10 would refuse to rule out the possibility of bringing the UK back under the jurisdiction of the ECJ in some areas, overturning a central feature of the current Brexit deal.
One Whitehall official said the “ECJ element” was “inevitable” if ministers wanted to move forward with easing trade rules post-Brexit.
The move comes as the European Commission launches new legal action against the UK over claims it breached EU rules during the Brexit transition period.
In two cases filed with the ECJ, the European Commission alleged that the UK breached free movement and investment rules at the end of 2020.
Shadow Foreign Secretary Priti Patel said the case highlighted the need to remain outside the jurisdiction of the courts.
Elements of the UK’s relationship with the EU could be brought back under the jurisdiction of the ECJ under Sir Keir Starmer’s planned softer Brexit deal (pictured: Prime Minister in Brussels in October)
ECHR in Strasbourg. Downing Street has rejected Conservative claims that a secret team of Cabinet Office staff working to uncover key elements of Prime Minister Boris Johnson’s EU withdrawal deal amounts to a “surrender force”.
“The EU’s eagerness to continue its case against us at the ECJ is a sign of concern for Keir Starmer, who is seeking to bring us back under EU jurisdiction in more areas and expand mobility rights for EU nationals. It should be a warning,” she said. “We hope the government will strongly defend this claim.
“Rather than giving up our sovereignty and focusing on securing growth through a competitive domestic economy and global trade, Labor will seek to lock us into the EU.
“It is outrageous that the government is spending taxpayers’ cash on a new role to promote closer integration with the EU, when it should be saving money.”
Mark Francois, chairman of the European Research Group of Tory MPs, said: “As a human rights lawyer, of course the Prime Minister wants to resubmit the UK to the jurisdiction of the ECJ, regardless of the democratic decision in the EU referendum.” said. That’s really obvious. Starmer remains a passionate Remainer at heart – and will continue to be so. ”
The Mail on Sunday has revealed the existence of a new 100-strong “surrender squad” of Cabinet Office officials working on the Prime Minister’s plan to “reset” relations with the EU.
Yesterday’s No. 10 denied that the prime minister was plotting a “surrender”. The prime minister’s official spokesperson said fewer than 100 officials were working on the project, but declined to give an exact number.
ERG chairman Marc Francois (pictured) said Sir Keir Starmer was “deep down a passionate Remainer”.
The spokesperson added: “As you know, the Prime Minister has said that we want to reset our relationship with the EU and make Brexit work for the British people, and that we want to reset our relationship with the EU. “Early conversations working on this have shown very positive engagement,” he added. European partners will strengthen ties, secure broad security agreements and address trade barriers. ”
No. 10 said the Prime Minister would not break Labour’s pre-election “red lines” barring a return to the single market, customs union or reintroducing free movement. But the spokesperson repeatedly refused to say whether the ECJ’s role could be expanded in the UK.
Diplomatic sources say the government will need to make concessions on free movement, fisheries and the ECJ if the prime minister wants to make big moves on trade.
Lord Keir’s plans for a new “veterinary agreement” to reduce checks on food imports and exports will require the UK to comply with EU rules in this area, with the ECJ the “final arbiter”, sources said. It is said that it will play the role of
Similar arrangements are likely to apply in other areas where the UK aims to ease trade rules post-Brexit.
