Tony Blair will walk away from a deal at the European summit unless he can win guarantees that European courts will not have new rights to interfere in British law and that the proposed treaty will be an amending one only.

The Prime Minister will go to Brussels today asking his fellow leaders to write specifically into the treaty that the Charter of Fundamental Rights can not alter British law.

Mr Blair told The Times last night that on the key issue of the charter there had to be something that was “British specific” written in.

The charter is expected to become legally binding if a deal is agreed tomorrow night, but Mr Blair said that he would need words written in that made plain that the “charter could not alter British law and was not justiciable in the British courts”. He is also seeking to make clear that the charter should be directed at European institutions such as the European Court of Justice and the European Commission rather than member states.

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Our correspondent hacks through the verbiage to explain what happened at the EU summit and what it means

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He told The Times that it was “touch and go” whether there would be a deal because of uncertainty over whether his demands would be met and over the Polish desire to reopen the whole question of voting rights. British sources said that the “Polish problem” could still derail the whole thing.

Mr Blair said that he had talked every day to Gordon Brown about the summit “and I will not leave him in a position where he inherits something that he is unhappy with”. The Prime Minister was prepared to walk away if necessary. He said, however, that if he achieved his demands he could not see what transfer of competences there would be and there would be no need for a referendum. “People will call for a referendum whatever we agree to,” he said. “But if we get those points, I do not know what transfers there will be.”

On the charter, he hoped that the other states would accept that “we have got a specific problem. We need to have it belt and braces bolted down that it will not change British law.” Mr Blair said that he was in a position of saying to the others: “This is what I need if you want me to agree.”

He added: “There is one political reality. I have to be able to say this is a conventional amending treaty. If I cannot say that, we would have to have a referendum and we might as well give the whole thing up anyway.” Mr Blair has told friends that for him, Angela Merkel, the German Chancellor, President Sarkozy of France and Mr Brown, settling the treaty now would be preferable so that Europe could get on with the things that mattered. He regards Ms Merkel and Mr Sarkozy, in their pro-Atlanticism and pro-Brit-ish stances, as a welcome contrast to their predecessors and believes that it is in Britain’s interests not to upset them early in their terms of office.

Mr Blair set out his position as Britain’s tough negotiating stance came under renewed attack from European leaders in favour of retaining as much as possible of the failed EU Constitution.

Miguel Angel Moratinos, the Spanish Foreign Minister, said he was sure that the 27 member states could reach agreement on a new treaty but that he was “very worried” about British opposition to an EU-wide foreign policy.

Mr Blair has insisted that he “will not agree to something that displaces the roles of British foreign policy and our Foreign Minister”.

Mr Moratinos, adding to concerns about Britain expressed by José Manuel Barroso, the European Commission President, told the Spanish Senate: “It is very worrying. They want to empty the content of foreign policy and common security [policy] at a time when Europe must be better armed to respond to the challenges of the 21st century.”

European anger has been increasingly directed at Britain and Poland, which have the deepest concerns about the shape of the new “Reform Treaty” being drafted by the German presidency of the EU. The summit, which starts today, is expected to run into the small hours of Saturday morning and to set out a framework for detailed treaty talks during the autumn.

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