Fury as European judges could possibly be allowed to overrule British courts – as a part of Keir Starmer’s plans for a softer Brexit deal

European judges could be allowed to overrule British courts as part of Keir Starmer’s plans for a softer Brexit deal.

Ministers are considering whether to put elements of Britain’s relationship with the EU back under the jurisdiction of the European Court of Justice (ECJ) in return for a lowering of some trade barriers by Brussels.

Downing Street yesterday denied Tory claims that a secret team of Cabinet Office officials working to unpick key elements of Boris Johnson’s Brexit deal amounts to a ‘surrender squad’.

But No 10 refused to rule out taking Britain back in to the jurisdiction of the ECJ in some area – reversing a central feature of the current Brexit deal.

One Whitehall source said that an ‘element of ECJ’ was ‘inevitable’ if ministers want to make progress on softening post-Brexit trade rules.

The move came as the European Commission launched fresh legal action against the UK over claims it breached EU rules during the Brexit transition.

In two cases lodged at the ECJ, the Commission claimed that Britain breached free movement and investment rules in late 2020.

Shadow foreign secretary Priti Patel said the cases underlined the need to stay out of the court’s jurisdiction.

‘The EU’s enthusiasm to continue to take proceedings against us in the ECJ should be a warning to Keir Starmer as he tries to edge us back under its jurisdiction in more areas and extend mobility rights for EU citizens,’ she said. ‘I hope the government will strongly defend this claim.

‘Labour will surrender our sovereignty and instead of focusing on securing growth through a competitive domestic economy and global trade, they want to tie our hands up in the EU.

‘At a time when Government should be making savings, it’s outrageous that they are blowing taxpayers’ cash recruiting to new roles designed to facilitate closer integration with the EU.’

Mark Francois, chairman of the European Research Group of Tory MPs, said: ‘As a human rights lawyer first and last, of course the Prime Minister would like to resubmit Britain to ECJ jurisdiction, regardless of the democratic decision of the EU Referendum. It’s obvious really: in his heart of hearts, Starmer remains an ardent Remainer – and he always will.’

The Mail on Sunday revealed the existence of a new 100-strong ‘surrender squad’ of officials in the Cabinet Office who are working on the PM’s plans to ‘reset’ relations with the EU.

No 10 yesterday denied that the PM was plotting a ‘surrender’. The PM’s official spokesman said fewer than 100 officials were engaged on the project but declined to say exactly how many.

The spokesman added: ‘As you know the Prime Minister has said we want to reset out relationship with the EU and make Brexit work for the British people and we have seen very positive engagement in our early conversations as we work to reset the relationship with our European partners to strengthen ties, secure broad-based security pacts, tackle barriers to trade.’

No 10 said the PM would not breach Labour’s pre-election ‘red lines’, which rule out rejoining the single market and customs union or reintroducing free movement. But the spokesman repeatedly refused to say whether the role of the ECJ could be expanded in the UK.

Diplomatic sources say the government will have to make concessions on free movement, fishing and the ECJ if the PM wants to achieve significant movement on trade.

A source said that Sir Keir’s plan for a new ‘veterinary agreement’ to reduce checks on food imports and exports would require Britain to abide by EU rules in the area, with the ECJ acting as the ‘final arbiter’. 

Similar arrangements would be likely to apply in other areas where the UK might seek to soften post-Brexit trade rules.