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Title: EU law and Maltese law - an integration or legal irritants
Other Titles: The implementation and enforcement of European union law in small member states - a case-study of Malta
Authors: Sammut, Ivan
Keywords: Law -- Malta -- European influences
Law -- Malta -- History
Law -- Malta -- Interpretation and construction
Courts -- Malta
Court administration -- Malta
Constitutional law -- Malta
European Union countries -- Constitution
European Union countries -- Law and legislation
Issue Date: 2021
Publisher: Palgrave Macmillan
Citation: Sammut, I., (2021). EU Law and Maltese Law - An Integration of Illegal Irritants. In I. Sammut, & J. Agranovska, (Eds.), The Implementation and Enforcement of European Union Law in Small Member States - A case-study of Malta (pp. 11-45). London: Palgrave Macmillan.
Abstract: This chapter seeks to examine the relationship between the EU legal order and the Maltese one. The objective is to see how and to what extent the EU legal order has integrated into the Maltese one. The kick-off point is a brief analysis of the constitutional implications of Malta’s EU accession, drawing upon the inspiration of the major source of Maltese public law: the British Constitutional and Administrative law. Following a constitutional analysis, the chapter examines how the two legal orders effectively work side by side in day-to-day matters. This is analysed through a brief study of the impact and application of the direct effect of EU legal instruments in the Maltese legal system. The third section of the chapter looks at the way EU substantive law has managed to penetrate Maltese law as a mixed legal system. The examples chosen are indicative of how other legal concepts can be integrated, and the study is by no means an exhaustive exercise. It also helps to analyse how much the Maltese legal system is ready to face new challenges such as that presented by the DCFR (Draft Common Frame of Reference). Finally, the chapter concludes with the effectiveness of EU law from the Maltese experience.
ISBN: 9783030661151
Appears in Collections:Scholarly Works - FacLawEC

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