Former Court of Appeal judge Sir Richard Aikens warned Theresa May that accepting a mooted deal would be “tantamount to reversing the result of the 2016 referendum”.
Aikens, president of the Lawyers for Britain group, which campaigned for Leave, warned the Prime Minister to not to compromise on the issue of the jurisdiction of the ECJ in order to secure a citizens’ rights agreement.
In a letter posted in The Sunday Telegraph, to Theresa May, Aikens warned that “After the UK leaves the EU, the rights of EU citizens in the UK… will be governed by a bilateral treaty between the UK and the EU.
“I know of no instance in current international relations where a sovereign that has entered into a treaty with another sovereign entity has accepted as binding the rulings of the court of the other party.”
Aikens was backed by former cabinet minister for the Conservatives, Iain Duncan Smith. He suggested it could impact future trade disputes between Britain and the EU.
This comes at the beginning of an important week for the Prime Minister, which could see EU leaders allowing the second phases of Brexit negotiations to begin.
Mrs May is under a lot of pressure to provide suitable Brexit negotiations in terms of Britain’s withdrawal if progress is to be made at the EU’s December summit.
Mr Duncan Smith warns that by agreeing to this Brexit deal, the right of the UK to ‘control’ UK borders and the rights of UK citizens would be lost forever.