BREXIT talks are veering towards a stand-off with Brussels refusing to back down on a huge judicial demand.
With negotiations set to resume next week, the European Union (EU) has warned “a line has been drawn” over the future of the European Court of Justice in Britain.
Brussels wants the court to retain jurisdiction on cases which begin before the United Kingdom officially leaves the bloc, a demand Theresa May and her Brexit ministers oppose.
The European Commission said push back from Britain had merely “reinforced” their position.
They said in a statement: “The United Kingdom’s withdrawal as such does not deprive the Court of Justice of its competence to adjudicate in proceedings which are pending on the withdrawal date.”
A Commission official added: “The line has been drawn and it’s not going to move. If anything we reinforced our position.”
The UK yesterday set out its own position, noting the need for a “smooth and orderly end to the jurisdiction”.
The position paper put forward added: “Discussion of the treatment of pending cases should take into account the interests of those who have taken cases.”
They conceded: “The UK recognises that beyond a certain point in proceedings, where considerable time and resources have been invested in CJEU proceedings, it may well be right that such cases continue to a CJEU decision.”
David Davis said Britain’s approach is a “sensible” one which will make the country’s courts “supreme”.
The Secretary of State for Exiting the European Union said: “By ending the jurisdiction of the Court of Justice of the European Union, U.K. courts will be supreme once more.
“Our sensible approach to pending cases means there would be a smooth and orderly transition to when the court no longer has jurisdiction in the U.K.”
A spokesperson for the Commission would not be drawn on the specifics negotiations and merely said: “We are ready.”