Malta report in the area of EU emergency law

Abstract

EU emergency law refers to the legal framework and measures adopted by the EU institutions and Member States to deal with situations of crisis or urgency that threaten the stability and functioning of the EU. It can involve different types of legal acts supported by institutional practice and judicial interpretation tion, as well as non-legislative acts, such as guidelines or communications. Depending on the nature and scope of the crisis, EU emergency law can rely on different legal bases and procedures. Maltese law deals with emergency legislation through Chapter 178 of the Laws of Malta. However, a state of emergency is also described under the Maltese Constitution, which refers to it as a “period of public emergency” under Article 47(2). The Constitution provides three instances where a period of emergency may be declared. First, when Malta is involved in a war or second, the President has the discretion to declare a state of emergency. Third, Parliament may declare a state of emergency, having acquired a two-thirds majority of the Members of Parliament’s votes establish that subversion is threatening democracy.