Britain although leaving the European Union will be subject to European Court rulings for years according to Joseph Muscat, the Prime Minister of Malta.
He said that if Britain was to opt for a transitional deal, EU laws would still apply after it leaves the EU.
Mr Muscat is significant because his country holds the presidency for the first six months of 2017. He was talking as news came of plans to remove Britain from the jurisdiction of the European Court.
By all accounts, any transitional trade agreements which in theory could stretch into the 2020s and beyond will be under European rule of law.
He said, “An essential part of those transitional arrangements will be the governing institutions of that period.
“It is pretty clear to me that the institutions should be the European institutions.
“So it is not a transition period where British institutions take over, but it is a transition period where the European Court of Justice is still in charge of dishing out judgments.”
Senior figures in Europe are adamant that there can be no access to the single market without allowing free movement of peoples which is one aspect that the present government wants to stop, together with leaving the European Human Rights Act.
British Prime Minister Theresa May said, “We are not leaving only to return to the jurisdiction of the European Court of Justice.”
Theresa May has frustrated many in her own party at the absence of details about Brexit and triggering Article 50. Her language has been questioned in particular wanting a “red, white, and blue Brexit.”
Her official spokeswoman said, “She will be making a speech on Tuesday, setting out more on our approach to Brexit, as part of preparing for the negotiations and in line with our approach for global Britain and continuing to be an outward-looking nation.”