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David Davis insists EU citizens can put their faith in 'trustworthy' British courts

John Ashmore

2 min read

David Davis has told EU citizens living in the UK that they can rely on the “trustworthy” British courts to uphold their rights.


The Government and Brussels are at loggerheads over how a future deal on citizens’ rights will be enforced, with EU negotiator Michel Barnier insisting the European Court must have jurisdiction.

Brexit Secretary Mr Davis has been equally clear that the UK will not compromise on removing the role of the ECJ.

At a meeting in Prague this morning, he said the rights of EU nationals would be established in new legislation, which would be enforced by UK courts.

"I don't think anybody has ever argued that the British courts are anything other than trustworthy in terms of defending the rights of individuals.” Mr Davis said.

Asked about what rights UK resident Europeans would have, he replied that it would be “all of the rights other than the right to vote for the national government”.

Guy Verhofstadt, the federalist MEP who chairs the European Parliament’s Brexit steering group, made clear the EU would not back down on ensuring citizens’ rights are maintained.

“The European Parliament will remain vigilant regarding citizens’ rights and will continue to push for full rights for EU citizens in the UK as well as UK citizens in the EU,” he said in a statement this morning.

“It is a core mission of the European project to protect, not to diminish, the fundamental rights of all citizens.”

'ALTERNATIVE MECHANISM'

The Bar Council, the body representing barristers in England and Wales, has argued that if it is determined to avoid ECJ jurisdiction, the UK should set out plans for a third-party mechanism to resolve any future disputes.

“If the Government is rejecting any role for the Court of Justice of the EU, it should articulate a plan for an alternative enforcement mechanism such as a shared tribunal to which issues of interpretation could be referred by the UK courts," said Hugh Mercer QC, the chair of the Bar Council Brexit Working Group, in a statement last week.

"This mechanism would need to meet the standards of a court of law. Arbitration would not be suitable because the process is not transparent and, for historical reasons, not generally acceptable in EU states."

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