The EU is demanding Britain commit to remaining under the rules of the European Convention on Human Rights (ECHR). When in power, Theresa May said the UK should quit the ECHR as it would make it harder to deport radical Islamic extremists, such as cleric Abu Qatada.
However, the EU wants the ECJ to be involved in the UK setting up new trade rules and regulations and laws about the extradition of criminals.
EU negotiators want to maintain police data sharing with the UK, claiming lives will be at risk if mutual data-sharing cannot take place.
This is because of ECJ case law that limits what can be offered to nations outside of its jurisdiction.
Boris Johnson is negotiating the UK’s withdrawal from the EU
The ECHR is also seen as a crucial safeguard for the transfer of confidential data between the UK and the bloc.
On Friday Ursula von der Leyen the president of the European Commission said: “No one can say with certainty where these negotiations will be at the end of this year, but I know for sure that we will have done everything to reach an agreement.”
A UK source close to the EU and UK Brexit negotiations said: “We simply had a more constructive discussion of the reality of our commitment to human rights law.
“We come from different positions on this but behind it is a bit of a question of good faith.
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Ursula von der Leyen
“We are a good faith member of the European Council of Human Rights and we tend to be so.
“And we think that should be good enough.”
The source added: “Clearly there’s still a big, big difference on this question of our domestic legislation.
“And our right to evolve it.”
Ursula von der Leyen
Financial penalties can be imposed on nations that infringe on the rules set by the ECJ.
Breaching of rules set by the European Convention on Human Rights would fall under these rules also.
Dominic Cummings, the Prime Minister’s senior advisor, wants a referendum on the future role of the ECHR after the country exits the EU.
The Government has not made any suggestions that it is considering such a referendum.