The ECJ issue has all but halted debate on guaranteeing the rights of expatriates. A joint status document, published last month, comparing the EU and British positions shows that talks on those rights have come unstuck because of a dispute over the role of the ECJ.
In Britain’s paper on the ECJ, the government source said, May’s government would try to show “examples of existing ways of resolving disputes in international agreements” without the ECJ having direct jurisdiction, and it would be unprecedented if the court had jurisdiction over a non-member.
The “future partnership paper” on judicial and political dispute resolution is part of Britain’s strategy to try to force the EU into discussing future ties alongside discussion of the divorce.
But the EU says it must see “sufficient progress” in the first stage in talks – on the rights of expatriates, Britain’s border with EU member Ireland and a financial settlement – before moving on.
“We need to talk about the future very soon,” another British source said, echoing comments from all sides that the “clock is ticking”.
