Musicians fleeing the mob is critics top choice for best comedy film of all time. Good morning. Its wednesday 23rd august. Im annita mcveigh. Welcome to bbc newsroom live. The government insists its not necessary or appropriate for the European Court ofjustice to have directjurisdiction over the uk after brexit. A paper setting out proposals for resolving trade disputes after britain leaves the eu is being published in an hours time, but the question of how future agreements between the uk and the eu will be enforced is proving contentious. The European Commission wants the court in luxembourg to guarantee the rights of eu citizens in the uk after brexit and to oversee the Withdrawal Agreement. But theresa may has said ending european control over british courts is a red line. Ministers say they want a special partnership with the eu, but it is neither necessary nor appropriate for the ecj to police it. Thejustice minister dominic raab said that both the uk and its partners in europe would be keeping a close eye on what the other is doing. Britain is leaving the eu, we are taking back control of our laws, that means ending the jurisdiction of the European Court ofjustice, we have been Crystal Clear about that. At the same time, we do want to forge a positive, new partnership with our eu friends. One of the ways you protect and nurture that friendship is making sure you have a sensible mechanism to resolve international disputes, most likely some form of arbitration, and that is the way we can make sure our trade, security and other areas of cooperation with European Partners will go from strength to strength. This resolution between the uk and eu is only one aspect of a potential future role for the European Court ofjustice. What future role for the European Court of justice. What about future role for the European Court ofjustice. What about all of those other various areas of the ec], underpinned within the eu, will they not still have influencing directly . We are ending the jurisdiction of the European Court in dealing with dispute at international level. We think that it should do what it says on the tin, but of course, precisely because we are taking back democratic control over our laws, they will diverging but time and both laws or want to keep an eye on what the other is doing, so we can manage and prevent disputes getting out of hand. That is how our friendship will go from strength to strength as we leave the eu. Adam fleming joins us now. Theresa may said that she would bring an end to thejurisdiction of may said that she would bring an end to the jurisdiction of the ec] in britain but now the government is calling for an end to the direct jurisdiction of the court. How important is that change in the wording . Well, for a lot of commentators in the newspapers today, it is evidence of some kind of softening in the uk governments position, a climb down, if you like. It is absolutely denied by the government and i noticed when dominic raab, the justice government and i noticed when dominic raab, thejustice minister, was speaking to various video outlets, the word direct did not cioss outlets, the word direct did not cross his lips, he stuck with ending the jurisdiction cross his lips, he stuck with ending thejurisdiction of cross his lips, he stuck with ending the jurisdiction of the European Court ofjustice within the uk. I wonder if the government thought that the word direct confused the matter and it looks like they were offering less than promised. We will see when this document is published in less than an hour. People will be looking at the document to look for clues to see how influential the ec] will be in british life after brexit. The justice will be in british life after brexit. Thejustice minister there saying that the uk and the eu will keep half an eye on each others developing court case law. The issue is keeping half an eye on something is keeping half an eye on something is not a legal concept, that is not a phrase that lawyers would recognise as a piece of legaljargon oi recognise as a piece of legaljargon or something written in legislation. We need to see in this government what they actually mean in terms of actual mechanisms they will use and what the bulk of the document will be made up of his examples where other groups of nations from around the world have done deals with one another that do not involve other courts ruling in a way that affect the laws of the other country. I think we will get a big political statement about the ecjs jurisdiction but the bulk of the document will be a tour around the world of measures of dispute resolution between groups of countries. Adam, thank you. Adam fleming in luxembourg there. So how important is the European Court of justice and what exactly does it do . Chris morris from our Reality Check Team has been looking in more detail at the role of the ecj. If youre talking about the resolution of legal disputes in the European Union, then this place is the final say. The European Court ofjustice, based in luxembourg. Its the eus highest legal authority. Now, it should not be confused, its important to note that this is a Different Court to the European Court of human rights, a separate institution based in strasbourg, which is not part of the European Union. And its the court of human rights, not the court ofjustice, that has often upset british politicians by making it harder, for example, to deport terror suspects. So what does the ecj do . Well, it insures that eu institutions like the commission and the eu Member States are complying with european law. It allows Member States to challenge eu legislation if they think it somehow breaks the rules. And it interprets eu law at the request of National Courts. In other words, it interprets and enforces that much everything the eu does, including the rules of the single market. And that makes it absolutely critical to the Brexit Process. Especially after the Tory Party Conference last year, when the new Prime Minister said this. Were not leaving only to return to the jurisdiction of the European Court of justice. That is not going to happen. At that point, vague promises during the Referendum Campaign to take back control of our laws suddenly became a very specific promise to end the jurisdiction of the ecj in the uk. It became the government red line. Now, the trouble with that is that all the end regulations that make the eu take are overseen by the European Court. So if the uk decides that after brexit it wants to stay in the European Air Safety Agency or the european arrest warrant, the european medicines agency, or a long list of other agencies, that regular grace aspect of our lives, it will have to accept that the ecj will still have influence over uk first. That is why the government are now calling for an end to the direct jurisdiction of the ecj, which implies an acceptance that they will have to follow many of its judgments indirectly. If we want to create the deep and special partnership with eu that ministers talk about. And the governments new paper examines a number of precidents, one of which has been discussed recently is the court watched governs the recall the relationship that non eu countries, iceland, norway, lichtenstein, have with eu single market. This court is independent, but in practice, it follows ecj ruling extremely closely. The eu could probably accept something similarfor the uk, but some brexiteers might not. That is why david davies says he wants a new and unique solution. Chris morris there. Joining us now from fribourg in switzerland is catherine barnard, professor of eu law at cambridge university. Its very good to have you with us, thank you for your time today. Would you assess for thank you for your time today. Would you assess for us, thank you for your time today. Would you assess for us, firstly, how important the inclusion of the word di rect important the inclusion of the word direct as in direct constitution is. It looks like there is a shift in approach, as the government increasingly realises the importance of the court ofjustice, and how central it is for the ofjustice, and how central it is forthe uk, if ofjustice, and how central it is for the uk, if it wanted to continue staying in the medicine Schaub Agency or the european arrest warrant. We need to be subject to the jurisdiction warrant. We need to be subject to thejurisdiction of warrant. We need to be subject to the jurisdiction of the ecj and it will be interesting, looking out what we have just heard, whether the uk countenance of becoming a member of the efta court, which ovens the norway arrangement, or another port likes the efta court. But if there was a completely new model, albeit based on an existing model, presumably that would take a long time to setup . Absolutely, and for that reason it may be that the uk will concede that during the transition period, most people think there will be a transition period, that perhaps the uk is subject to the jurisdiction not of the ecj that perhaps the uk is subject to thejurisdiction not of the ecj but of the efta court, in order to enable the concept of government to say that we have satisfied theresa mays breadline and are no longer subject to the jurisdiction of the ecj. But we know that the eu sees a role for the ecj after brexit, specifically in guaranteeing the rights of eu citizens in the uk, how is that squared with the uk government . There is a dialogue of the death going on, for eu citizens, based in the uk, enjoying eu rights, they should be subject to the rights of the European Court ofjustice but then on the other hand, surely we will give them rights but they are british rights and should be subject to the british courts . Now, the british courts are well known for independent thinking and will not slavishly follow any government line they must comply and ensure that british law is enforced. That is what the European Union is worried about. It may be that ten years down the line, the uk changes its law and says eu citizens do not enjoy special status and therefore, the eu wa nts special status and therefore, the eu wants eu citizens in the uk and of course british citizens in the eu to carry on enjoying rights under eu law, enforced by the European Commission and European Court of justice. But, this could last for the best part of 100 years. It will last for the lifetime of the youngest person born in and around brexit day. For the uk, that is absolutely unacceptable. That is fascinating. Thank you very much. Princes william and harry have described their bewilderment when they encountered grieving crowds, on the day of their mothers funeral. Speaking to a bbc documentary marking 20 years since the death of Princess Diana they say walking behind her coffin had been a Family Decision. Heres our royal correspondent nicholas witchell. It was the week when a nation mourned, and the monarchy faced sharp criticism. At its heart were two boys, william and harry, then aged 15 and 12, grieving for the loss of their mother, but required by their royal position to appear in public and help assuage the publics sense of loss. In the bbc documentary, william and harry speak of the numbness and confusion they felt when they were told that their mother was dead. And in harrys case it is clear there is still anger at the french photographers who were pursuing dianas speeding car in the moments before the crash in the alma tunnel, in paris. I think one of the hardest things to come to terms with is the fact that the people who chased her into the tunnel were the same people who were taking photographs of her while she was dying in the back seat of the car. William and i know that. We have been told that from people that know that it was the case. She had quite a severe head injury, but she was still very much alive on the back seat. Those people who caused the accident, instead of helping, were taking photographs of her dying on the back seat. And then those photographs made their way back to news desks. William and harry were in balmoral when they heard the news in paris. They speak in support of their grandmother for her efforts to shield them and for their father. He tried to do his best for us, says harry. When they moved from balmoral to london, they encountered grieving crowds. And its clear that they found the experience bewildering, with so many people sobbing and wanting to touch them. Of the decision to walk behind their mothers coffin, both say it was a collective Family Decision and both say they felt a strong sense of duty even then. When you have something so traumatic as the death of your mother when you are 15, as, very sadly, many people have experienced, and no one wants to experience, it leaves you, you know, it will make or break you, and i wouldnt let it break me. I wanted her to be proud of the person i would become. I didnt want her worried, or her legacy to be that william or harry were completely and utterly devastated by it. And all of her hard work, love and energy she put into us when we were younger would go to waste. They were children coping with their own grief and the attention of a grieving nation, and who kept going to honour their mothers memory. Im joined now by our royal correspondent sarah campbell. So, sarah, other documentaries have been shown in the run up to the anniversary of dianas death. What will this one tell us that we havent already heard . Palace officials have said that this is the first and last time that the princes will speak in such great detail about the seven day period for her death until the funeral. That is what makes this one stand up. Stand out. They were in balmoral with the queen when diana died and william said that when he was told, he was completely numb and disorientated, he was dizzy. Harry referred to how their father helped both boys through it. Its important because in the build up to this we had not really heard about the role of Prince Charles but harry is clear, he said one of the most difficult things for a parent to do is to tell children that the other pa rent is to tell children that the other parent has died and Prince Charles was there for us, one of the two left and try to do his best to make sure that we were protected and looked after. At the time you will remember that there was a lot of bad feeling towards the queen over the decision to stay in balmoral, rather than coming straight back to london. On this, Prince William was clear that this was the right decision for them, the boys. He spoke of how their grandmother had tried to protect them, she took all of the newspapers away so they could not read the news. He said that thankfully, we had the privacy to mourn. We had no idea the reaction to her death would be so cute. We also said that the queen felt torn between being a grandmother of william and harry and, in her queen role. It is insight into the queens ta ke role. It is insight into the queens take on this. Other key contributors to the documentary, we had lady sarah mccorquodale, Princess Dianas eldest sister. She said that the queen did the right thing in those circumstances, tony blair said that the queen was resistant to anything that seemed false, more like a Public Relations event. It was interesting behind the scenes, as to what was going on in that week. Of course, these two young boys, these young princes, they had to deal with the publics grief as well and they speak on that . Yes, and they paint quite disturbing picture as to what it must have been like for them. Let us it must have been like for them. Let us not forget that Prince William was 15 and harry was only 12 years old. When they came down to london, meeting the crowds outside of kensington palace, he said that it was peculiar, unusual. He spoke of the wailing and crying and sobbing, the wailing and crying and sobbing, the breaking down. Harry said that they were in a state of shock, people were grabbing at them. He does not blame people for that but it was shocking for these two boys. Speaking of walking behind their mothers then, a lot has been said about whether they should have been put through that ordeal and they both interestingly say that it was a collective, Family Decision. William referred to it as his duty, the ha rd est referred to it as his duty, the hardest thing he had had to do. And harry this year said that was reported to have said that no child should have done that, but in this he has no feeling as to whether it was right or wrong but was glad to be part of it. And in that report from nicholas witchell, it remains over their mother s treatment at the hands of the press . Yes, they both talk about it, william talks of the outset that the press caused their mother. He says that she cried more about press intrusion than anything else in life. He has memories as a boy of trying to cheer her up. Unsurprisingly it is a big issue for them still and it is how they tried to protect their loved ones now. Thank you. Back to our main story. Theresa may, this has just come in, has visited a factory in gilbert this morning, she was asked there about the governments position on the European Court of justice. Lets have a listen. What is absolutely clear, i made it clear in my speech and have make clear ever since, that when we leave the eu, we will be leaving the jurisdiction of the ecj. What we will be able to do