THERESA May is thinking of handing the European Court of Justice a role in post-Brexit Britain.

The Sun today reveals reports that she has held talks about a referral system to the ECJ for EU nationals who stay here.

3 Theresa May has held talks about a referral system to the European Court of Justice for EU nationals Credit: AFP or licensors

UK judges would refer a case to Luxembourg if a query arose on a point of law that has not previously been addressed during our time as a member state.

The idea was debated during a meeting of Theresa May’s inner Brexit Cabinet on Monday, James Forsyth reveals in his column today.

A senior Government figure believes the solution is a “good compromise” that could represent a major breakthrough in the Brexit negotiations.

The source claims it would be acceptable to Brexit-backers as the decision to refer would “still be a UK court decision” and the “numbers would be very small”.

3 Theresa May pictured with Donald Tusk during EU negotiations in Brussels Credit: EPA

It would represent a significant concession by Theresa May.

Until now the PM has insisted the ECJ can have no jurisdiction in British affairs – making it a ‘red line’ in her Lancaster House speech at the beginning of the year.

But the EU has been adamant that the ECJ continues to have oversight of the 3million EU nationals living in Britain after Brexit.

Immigration Minister Brandon Lewis sparked speculation the UK could be willing to cave in on Tuesday when he refused to rule out a role for the ECJ.

3 Immigration Minister Brandon Lewis over talks on Tuesday Credit: AFP or licensors

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Theresa May says she looks forward to EU responding 'positively' and moving on with Brexit talks

He told MPs on the Home Affairs Committee suggested the matter was up “for negotiation”.

At the time he was slapped down by the PM’s official spokesman.

No.10 said they had been “clear” there would be no role for the ECJ.