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The talks on Brexit risk being torpedoed by the taboo subject of the European Court of Justice A senior British official said that the United Kingdom played down expectations of a breakthrough when Prime Minister Theresa May meet with European officials in Brussels on Monday.
An agreement on what happens to the Irish border after Brexit remains elusive, and the role of the ECJ In the enforcement of citizens' rights has resurfaced as a major obstacle after a weekend of intense talks, according to the British official and a person familiar with the EU side. May has gone as far as his party will allow and the rejection of Europe would now run the risk of a break in the talks, according to the UK official.
May has lunch with European Commission President Jean-Claude Juncker on Monday, which the EU has set as the deadline for her to present concessions if she wants the talks to move forward by the end of the year. In a sign of the terrain he needs to recover, an Irish minister said Monday that an advance is not close to the border issue.
The United Kingdom retracted on Monday, saying that the crucial date is the EU Council summit on December 14 and UK officials, in public and in private, minimized expectations of an imminent advance.
"With a lot of pending discussions, Monday will be an important staging on the way to the crucial December The British government said in a statement on Sunday night.
May is willing to make some concessions on the role of the ECJ after Brexit, infuriating the members of its Conservative Party, for whom the court is a symbol of the loss of sovereignty, but the compromise may not go far enough to satisfy the EU. that exercises a veto on the final agreement Brexit, has insisted that the CJEU has a role of protecting the rights of EU citizens in the United Kingdom
Why the EU Court of Justice is a field Brexit ?: QuickTake Q & A
aims to win the approval of the other 27 EU states for talks to move from separation to the future relationship at the summit of the deres on December 14. Lunch on Monday is meant to be a springboard to that. With no progress towards the end of December, officials on both sides fear that the Brexit negotiations will collapse.
Some Tory Eurosceptics, who are already uncomfortable with May's concessions on the financial deal Britain will pay when it quits, think that May should be ready to retire. now.
"If you do not want to go to trade, the money should be off the table, and if there are no business negotiations for Christmas we have to prepare to depart the Terms of the World Trade Organization," The former conservative leader Iain Duncan Smith said in an interview.
Two other divorce cases must be signed before the negotiations can move forward: agreement was reached on the financial agreement and talks intensified on how to avoid a hard border on the island of Ireland once Northern Ireland leaves the EU along with the rest of the United Kingdom The invisible border on the island is now only possible due to the EU's single market customs union, which the UK plans to leave.
Why the Irish border is Brexit's stubborn puzzle ?: QuickTake Q & A
"I do not think we're" close to an advance on the border issue, Irish Minister of European Affairs Helen McEntee told the BBC on Monday. While Ireland is not "looking to veto anything," and progress has been made over the weekend, "it is absolutely impossible for us to allow the negotiations to move to phase two when we do not have an absolute concrete commitment to the government of the United Kingdom. He said we will not have a hard border on the island of Ireland, "he said.
Foreign Minister Simon Coveney gave a more optimistic tone in a RTE radio interview minutes after McEntee spoke. He said that "fortunately" one can find a way forward on Monday, and that Ireland needs a "clear" wording so that no borders will emerge again. The Irish cabinet meets on Monday.
A British official said late on Sunday that the prospect of a solution to the Irish question remained bleak.
Words that work
According to the Irish Times, the chances of an agreement on Monday are less than half. Ireland wants Britain to declare that it attaches the same importance to avoiding a hard border than to abandon the customs union and the single market.
May needs to find a solution that pleases Dublin and does not alienate the northern Irish part that underpins his government in London.
She will present her case on Monday to Juncker at the headquarters of the European Commission, where the pair will meet around 1 pm Brussels time. They are likely to be accompanied by British Secretary Brexit, David Davis, and the chief negotiator of the EU Brexit, Michel Barnier, according to two British officials.
Before sitting down to eat, Davis and Barnier plan to hold a separate meeting to take stock of the progress made during the frantic behind-the-scenes negotiations last week and over the weekend.
Commitment of the ECJ
The battle of the ECJ is of totemic importance on both sides. European leaders want the ECJ to maintain its legal power to protect the rights of EU citizens living in Britain after Brexit in 2019, arguing that British courts could dilute the rights of foreign citizens over time .
Mayo has already ruled it out but is now offering the CJD a permanent role, to the dismay of many Eurosceptics in their own party.
According to the May plan, the Supreme Court of London may voluntarily refer the cases of EU citizens to the ECJ, when the law needs to be clarified
That is not enough for those who wish to maintain an automatically binding role for the court based in Luxembourg.
Officials in London believe that France and Germany are the most resistant to May's plan, saying privately that negotiations will be thwarted if these two countries do not commit themselves.
"We will not change our red lines, the lives of millions of families are at stake," said European lawmaker Manfred Weber and an ally of Angela Merkel on Twitter.
– With the help of Kitty Donaldson, Viktoria Dendrinou, Dara Doyle and Alex Morales