According to media reports, it has emerged that the European Court of Justice has the power to block and scrap any final Brexit deal between the United Kingdom and the other 27 European Union member states.
A former representative of the United Kingdom at the court has said that they would be able to take the drastic action if they deemed that any part of the deal was illegal under their own established laws, i.e. European Law.
This is hardly an appealing prospect for our own negotiators and the rest of the British government – the potential for a deal to finally be thrashed out after months of hard graft, only for the whole thing to be scrapped on the whim of another set of old fools in Brussels.
According to a report on vote.us.org:
The UK’s former representative at the court, Sir Konrad Schiemann, has told the Government’s Brexit committee that the ECJ will have the power to strike down a deal even if it is completely agreed upon by Mrs May and the EU 27.
He warned that if any of the agreement was ruled to be illegal under European law the deal would have to be renegotiated.
Sir Schiemann said: “Any agreement that is made between the EU and parliament is subject to challenge in the European Court of Justice on the subject of powers of the parties who have made that agreement.
“So the Commission and the people negotiating on behalf of the EU are faced with this problem: They can’t just do what they think is good.
“They have got to remain within their powers.”
Asked if the withdrawal terms could be challenged by European judges, he said: “Certainly in so far as they touch on the role of the ECJ.
“If you exclude the ECJ altogether and for example try and set up a different tribunal — this has been done in various other draft treaties — sometimes the ECJ has said yes that will work and other times it has said it won’t.”