Government accused of U-turn in latest policy paper on EU court

Theresa May’s government has been criticised for an apparent U-turn in its stance on the UK’s relationship with EU courts in the aftermath of Brexit.

In another policy paper released on Wednesday laying out the UK’s position ahead of the third round of discussions, the paper will say that the European Court of Justice will no longer have “direct jurisdiction” over cases in the UK.

The use of the word ‘direct’ implies May and her negotiating team are willing to consider an agreement with their EU counterparts in which some ECJ influence remains in Britain.

The paper concluded that the UK would aim to establish a 'deep' relationship following Brexit.

“The UK will engage constructively to negotiate an approach to enforcement and dispute resolution, which meets the key objectives of both the UK and the EU in underpinning the effective operation of a new, deep and special partnership,” concludes the policy paper.

Currently decisions made in UK courts can be contested as far as courts in Europe, leading many Brexit supporters to point to a haemorrhaging of sovereignty for the region’s own judicial system.

Currently decisions made in UK courts can be contested as far as courts in Europe

May is likely to face a backlash from Brexiteers within her party who are adamant that any ties with the ECJ must be cut when the UK leaves the bloc in 2019.

Shadow Brexit secretary Keir Starmer pointed out that the paper seems to be at odds with the red line presented by May earlier this year.

“The repeated reference to ending the ‘direct jurisdiction’ of the ECJ is potentially significant,” Starmer said.

“This appears to contradict the red line laid out in the prime minister’s Lancaster House speech and the government’s white paper, which stated there could be no future role of the ECJ and that all laws will be interpreted by judges in this country.”