Theresa May 'could let ECJ keep role in UK after Brexit'

Theresa May 'could let ECJ keep role in UK after Brexit'



Theresa May is considering giving the European Court of Justice a role in Britain once it has left the EU.



The Prime Minister has held talks about a potential referral system to the ECJ for European citizens who remain in the UK.



Judges in the UK would refer cases to Luxembourg should queries crop up that have not been addressed during Britain's membership of the EU.



Theresa May discussed the idea at a meeting of her inner Brexit Cabinet on Monday, The Sun reported.

One senior Government source said the solution would be a 'good compromise' and could represent a significant breakthrough in Brexit negotiations.



They added that such a move would be acceptable to Brexit supporters because referrals would 'still be a UK court decision' an 'numbers would be very small'.



Theresa May previously insisted that the ECJ have no jurisdiction in British affairs -- making it a 'red line' during her Lancaster House speech earlier this year.



But the EU has been uncompromising in the ECJ maintaining oversight over 3million EU citizens living in Britain after Brexit.



It comes after Immigration Minister Brandon Lewis sparked speculation that Britain could acquiesce on Tuesday after refusing to rule out a potential role for the ECJ.



He told MPs on the home affairs select committee that the issue was 'part of the negotiations and this has not concluded yet'.



In her Florence speech on November 22, the Prime Minister said: 'Where there is uncertainty around underlying EU law, I want the UK courts to be able to take into account the judgments of the European Court of Justice with a view to ensuring consistent interpretation.'



After weeks of stalemate, the president of the European Council yesterday hinted at a breakthrough following talks with Theresa May.





Donald Tusk suggested it was 'possible' talks on trade could begin at a crunch summit of EU leaders in Brussels next month.



But he warned of a 'huge challenge' ahead – and set the Prime Minister a new deadline of ten days for progress on 'all issues' before trade negotiations start.



It comes after Mrs May secured agreement from her Cabinet this week to increase the Government's offer on the Brexit 'divorce bill'.



The EU had insisted talks on trade could not begin until its leaders were satisfied 'sufficient progress' had been made on this issue – as well as on citizens' rights and the Northern Irish border.



But after yesterday's meeting, Mr Tusk tweeted: 'Sufficient progress in #Brexit talks at December #EUCO is possible.



'But still a huge challenge. We need to see progress from UK within 10 days on all issues, including on Ireland.'



As she left the talks, Mrs May insisted Britain would 'honour its commitments' to the EU budget and said there were still issues to be resolved.



But she added: 'There has been a very positive atmosphere in the talks and a genuine feeling that we want to move forward together.'





The Prime Minister admitted she and Mr Tusk had been 'talking about how we can progress the issue in relation to the financial settlement'.



But Bulgarian prime minister Boyko Borissov said he thought EU talks were moving towards a hard Brexit.



His remark comes barely a month before his country is due to take over the presidency of the Council of the EU.



Next's month summit will be the key to progressing from discussions of the divorce bill, citizens' rights and the Irish border.



The next stage of the talks will cover future trading arrangements and an implementation period to avoid a cliff-edge for businesses.



This week, Mrs May and ten key ministers – her Brexit 'war cabinet' – agreed to offer billions more in EU divorce payments in return for assurances on a future trade deal.



Precise figures were not discussed but Brussels has previously suggested it would not start talks without an offer of around £40billion – double what the Prime Minister had previously indicated.



Downing Street would not say whether Mrs May had made her new offer to Mr Tusk or German Chancellor Angela Merkel.





But the positive atmosphere suggests the agreement to up the offer may have led to a breakthrough.



The Prime Minister came under pressure yesterday from Dublin for fresh assurances there will be no 'hard border' between Northern Ireland and the Republic.