A petulant EU has refused over many months to simply discuss a Free Trade Agreement which they agreed would be at the core of our future relationship. Now in a tantrum they propose to take us to their court to tell us they think we are wrong! Meanwhile, a rattled EU nonetheless rejigs the talks and is at last prepared to discuss a Free Trade Agreement.
The UK government should reply to their incoming letter with a short and courteous reply. It should say
Thank you for your letter. We have left the EU and do not accept the future jurisdiction of the European Court of Justice . We made clear in the legislation that put into effect the Withdrawal Agreement that we reserved the right to follow UK interests, with our clear sovereignty clause in the legislation. We will use this power which expressly overrides the Agreement to guarantee the UK interests set out in the Withdrawal documents should you not negotiate a simple Free Trade Agreement in good faith as you promised.
We will not of course participate in ECJ proceedings , which would be a silly political stunt. We note that you are now willing to negotiate, and trust you will respond favourably to the draft Free Trade Agreement we submitted for your approval or modification some time ago. The EU’s interpretation of the Withdrawal Agreement is not international law, it is an unhelpful negotiating ploy.