The relationship between Maltese Law and European Union Law

Abstract

National law derives its validity from the fact that the State that enacts it is sovereign and is capable of enforcing it in its national territory. It is independent from any other national or international system. A sovereign country is free to sign international treaties. Treaty obligations must be respected but this merely means that the state could not invoke national law as an excuse for failing to perform its treaty obligations towards other contracting parties. States are left to their own devices for finding the most appropriate domestic arrangements for fulfilling their international obligations. So one can say there is internal supremacy as opposed to international supremacy of treaties and other aspects of their domestic status are a matter of national law. As a result, two theories evolved to demonstrate the relationship between domestic law and international treaties. The monist view - as expressed for instance, by Kelsen - is that national legal orders are 'creatures' of international law. The dualist views, as exposed by TriepeI and Anzilotti are rather more convincing where they show that national legal orders were separate legal orders, able to resist the penetration of international norms.