The Daily Telegraph

Tory MPS warn Davis to make ‘clean break’ from EU court

- By Steven Swinford DEPUTY POLITICAL EDITOR

DAVID DAVIS has been warned by Tory MPS that the UK must make a “clean break” from the European Court of Justice amid concerns he could allow its continued influence for years to come.

The Brexit Secretary will tomorrow publish a paper suggesting that the European Free Trade Associatio­n’s court could provide a potential model for the UK after Brexit.

The court, which is independen­t, rules on disputes between Brussels and non-eu members of the single market, such as Norway.

Tory Euroscepti­cs have raised concerns that the body simply “rubberstam­ps” the rulings of the European Court of Justice and would fail to deliver sovereignt­y after Brexit.

However, Brexit officials believe that it could help Theresa May meet her “red line” that Britain will leave the European Court of Justice after Brexit. They say that the model will end the court’s “direct effect” on British law.

John Redwood, a Euroscepti­c Conservati­ve MP, said: “I don’t see the need for it. As far as I’m concerned, once we leave the European Union we leave the jurisdicti­on of the court. More than 160 nations have trade deals with the EU without any special arrangemen­ts.

“We just want to get on with it, we are having to wait much longer than we wanted to. People are making heavy weather of something that could all be much simpler. We voted to leave, we don’t want the EU bossing us around and telling us what laws we have.”

Jacob Rees-mogg, another Euroscepti­c Tory MP, said: “One of the rulings of the EFTA Court is it wishes to be as close as possible to the European Court of Justice because it believes that there should be homogeneit­y.

“It doesn’t diverge from the European Court of Justice in normal circumstan­ces. If we do that we are only marginally better off than we were before. We need to ensure that the final decision-maker is Parliament, subject to democratic control.”

The paper published by Mr Davis tomorrow will state that Britain will leave the direct influence of the European Court of Justice after Brexit.

It will instead highlight a series of precedents, including membership of EFTA and a “dispute resolution panel” set up to arbitrate the new Eu-canada trade deal.

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