It should even be able to fine us if a proposed joint EU-UK committee to oversee implementation of the exit deal could not agree, suggested the European Commission in negotiating papers.
Mrs May has made freeing Britain from the ECJ a cornerstone of her Brexit promise.
Richard Tice, co-chair of Leave Means Leave said the development showed the importance of a swift clean break with Brussels, adding: “The EU is in denial.
“As soon as Britain leaves the EU we are no longer subject to the meddling ECJ.
“The British Government must make it absolutely clear to the EU that this is the case.”
Mrs May discussed Brexit yesterday in Berlin with German Chancellor Angela Merkel where Downing Street said they welcomed last week’s “constructive” start to formal EU UK talks.
In Paris, the Organisation for Economic Cooperation and Development U-turned on its dire warnings last year to British voters that Brexit would have “substantial negative consequences”.
Secretary General Angel Gurria said: “The quality of life will probably remain to a very great extent as it is today, because the values will remain the same.”
Under the EU’s demands the bloc would effectively be given indefinite leave to raise cash from both the UK Government and British companies by trawling back through the history books.
They want all the bloc’s institutions, including Jean-Claude Juncker’s Commission, to be able to start new infringement proceedings relating to any supposed misdemeanour perpetrated in Britain before our leaving date.
The wide-ranging demands would give the bloc a legal stranglehold over Britain for decades to come and there will be fears they could end up being abused as a simple way of topping up its budget.
They are revealed in a new position paper – one of six published by the EU’s negotiating team tonight – on ‘Ongoing Union Judicial and Administrative Procedures’ after Brexit.
The paper states: “The United Kingdom’s withdrawal as such does not deprive Union institutions, bodies, offices and agencies of their competence to conduct administrative procedures pending before them on the withdrawal date concerning compliance with Union law by the United Kingdom, and/or United Kingdom residents/legal persons.
“Such procedures include, for example, state aid investigations by the Commission concerning the United Kingdom, or procedures initiated by the European Supervisory Authorities.”
It continues: “The Union institutions, bodies, offices and agencies are competent under the same conditions as before the withdrawal date to start and conduct, after the withdrawal date, administrative procedures concerning compliance with Union law by the United Kingdom, and/or United Kingdom natural/legal persons, relating to facts that occurred before the withdrawal date.”
The paper insists that all acts adopted by the EU will “produce the same legal consequences in the United Kingdom as comparable acts produce under Union law”.
And it specifically states that this extends to the power to fine the UK Government, saying that “administrative Union acts imposing pecuniary obligations, adopted before the withdrawal date…are enforceable in the United Kingdom after the withdrawal date”.
30th June, 2017: Express