As we reported earlier today, MPs have been warned that the European Court of Justice has the power to block any final Brexit deal if it decides that it breaks ‘European Law.’
You can read more about this here.
It’s more than a tad ironic that one of the ridiculous institutions that encouraged so many of us to vote for Brexit could end up ruining the whole process of leaving the European Union – however there is a way to avoid this scenario.
The European Court of Justice can only block a Brexit deal if there IS a Brexit deal in the first place.
If, as many people are now predicting, the two sets of negotiators are unable to come to an overall deal, the simple reality is that Britain’s membership of the European Union will cease come what may at the end of March 2019.
The ECJ and any other EU-related institution will be able to whine about it until they are blue in the face, but the reality will be that there is nothing for them to block.
Looking at this from a slightly different angle, many feel that a Brexit deal will benefit both sides equally – that’s the whole point of coming to a deal in the first place.
Perhaps our negotiators will be able to use ‘concerns about ECJ meddling’ as a bargaining chip.
Imagine those on ‘Team UK’ sitting around a table with their Brussels counterparts and demanding assurances that the ECJ would be told to keep their noses out, lest we just walk away.
We already know that they are more worried about ‘no deal’ than a bad deal, so why shouldn’t we try and deploy every possible advantage in these talks?