The supremacy of the Constitution of Malta in relation to the European Union : is supremacy just a mere appearance?

Abstract

This research surveys the relationship between two different systems of laws. Special consideration is given to the Supremacy of the Maltese Constitution and its interaction with the European Union. The meaning and application of the term supremacy is given and made from both perspectives, so that consideration is made to see which of the two’s supremacy reigns over the other. Regard is also given to the Human Rights regime and to how this regime may determine and solve the issue at hand, thanks to its particular nature of converging between the perspectives considered. Current developments are considered, for the purpose of depicting the way forward on such subject matter. Furthermore, through a survey of case-law from different member states, including Malta, and even from the European Court of Justice, a conclusion that the supremacy of the Maltese Constitution is still valid will be reached.