Constitutional implications of EU membership : the Maltese story

Abstract

The celebration of the fifth anniversary of Malta's membership within the European Union has not seen the controversy surrounding this membership die down. Although the reality of actual membership has been widely accepted, one can still hear dissenting voices as to the benefits that Malta is reaping from becoming a member of the European club. All these arguments rest on politics, economics and sociology, however not much notice has been given to the implications that membership has had and is still having on Malta's legal system and its Constitution. This thesis attempts to contribute towards filling this void by departing from the humdrum in order to examine the effects which Union membership has had on Malta's legal order. What is the European Union? Can it be said to be a supranational entity? If yes, to what extent, if at all, does it impinge on the sovereignty of its member states? Are the concepts of Supremacy and Direct Effect accepted by the member states' legal systems, most particularly Malta's? How were the legal orders of Malta and the European Union merged upon membership? Was it a smooth process? Was it the best procedure to be used in the circumstances? What about Malta's Constitution? Does it recognize Malta's membership within the Union? Does Malta's Constitution accept the supremacy of Community law? What does the future hold for the European Union and its members? These are the main questions which will be answered by this thesis, amongst other issues. This dissertation will conclude that the European Union is a sui generis entity, standing in a class of its own. It is supranational to a certain extent and it does impingeon the sovereignty of its members, albeit limitedly. Its concepts of Supremacy and Direct Effect do have a place in the legal systems of its members, although there were problems in the past related to their acceptance. One of the conclusions will be that the relationship between the Union's legal order and the legal orders of its members is a symbiotic one, where both nourish and enrich each other. The legal orders of Malta and the European Union were merged by means of the European Union Act 2003. This thesis will conclude that in the circumstances, this was the best way forward, however technically it was not the ideal way, since it has created various implications which will all be looked at and examined in the course of the work. Finally, this thesis will turn its gaze upon the future of Europe by looking at the proposed Lisbon Treaty, whose coming into force is just round the corner. Thus, it is a thesis which, will delve into the past history of both Malta's and the Union's legal orders, will examine the present by looking at Malta's experience of membership and Europe's experience of enlargement, and will finally culminate into the future by analyzing the implications that the Union's newest Treaty will have on Malta, upon its coming into force.