EU law in the Republic of Malta : the judicial protection point of view

Abstract

Upon joining the European Union in May 2004, Malta agreed to respect the rule of EU law in good faith and comply with obligations stemming from the ‘acquis communautaire’ in a correct and timely manner. The core essence of the Union would be undermined if the Member States that form it would be allowed to disregard the binding force of policies agreed at the EU level by infringing EU law or by maintaining national laws which are contrary to the Treaties. Any form of non-compliance with the acquis, be it through action or inaction on behalf of the signatories to the Treaties, could render the efficacy and uniformity of Union law non-existent. In order to guarantee effective application of Union law, two procedural avenues to the Union judicature were created through which enforcement could be achieved at both the public and private levels.