He said the UK would consider setting up a new arbitration body that would include European officials to rule in future trade disputes. The Brexit Secretary was adamant that it would not mean the ECJ itself continuing to have a role, something Theresa May has made a red-line in her approach.
Mr Davis also said he was “not certain” that an overall deal would be reached with the EU, after the disagreement over the ECJ’s role crystallised last week.
Ms May had put her proposals to European leaders over how she planned to guarantee the rights of European citizens to remain, work and use services in the UK after Brexit, insisting that the rights would be protected by British courts. The European Commission has indicated, however, that it wants the ECJ to guarantee the rights, as well as oversee the withdrawal negotiations and arbitrate future trade disputes between the EU and UK.
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