Theresa May ‘could let ECJ keep role in UK after Brexit’

  • Prime Minister is ‘considering giving European Court of Justice role after Brexit’
  • Cases could be referred to the ECJ for European citizens who remain in Britain 
  • Idea was fielded at a meeting of Theresa May’s inner Brexit Cabinet on Monday 
  • Comes after she said that the ECJ would have no jurisdiction in British affairs  

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.

Theresa May has held talks about a potential referral system to the European Court of Justice for EU systems who choose to remain in the UK after Brexit. The Prime Minister is pictured with European Council President Donald Tusk during a bilateral meeting in Brussels yesterday 

Judges in the UK would refer cases to Luxembourg should queries crop up that have not already been addressed during Britain's membership of the EU. Theresa May was in Brussels yesterday for talks with EU leaders 

Judges in the UK would refer cases to Luxembourg should queries crop up that have not already been addressed during Britain’s membership of the EU. Theresa May was in Brussels yesterday for talks with EU leaders 

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. 

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

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

Immigration Minister Brandon Lewis told MPs on the home affairs select committee that the issue was 'part of the negotiations and this has not concluded yet'

Immigration Minister Brandon Lewis told MPs on the home affairs select committee that the issue was ‘part of the negotiations and this has not concluded yet’

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’. 

 

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