National report : Malta

Abstract

The following questions relate to recent developments and new challenges in the European Union’s external relations law. They cover topics that are important not only for the European Union and its institutions, but also for the Member States. They are grouped into five chapters: 1. Division of competences between the Union and its Member States, 2. Negotiation and conclusion of international agreements (questions relating to Article 218 TFEU), 3. Legal effects of international agreements, 4. Trade and protection of investments and 5. Area of freedom, security and justice. The breakdown into chapters enables to organize the discussion, but it does not prevent overlapping in the topics. The questionnaire focuses on the effects of recent developments in European Union law on the Member States and on national law. It aims at identifying the problems that have been raised at national level and the difficulties that may have arisen, related to the current challenges in the field of external relations. The national reports will provide a better understanding of how the law of external relations is applied in the different legal systems of the Member States. To this end, the rapporteurs will have to approach the national administrations and the relevant officials with a view to collecting the information needed to answer the questions. They will also be required to examine the national legislation and case law concerning the law of external relations. They may also include national official positions in the reports, comment them and discuss them. We are aware that it will not always be easy to identify the problems raised at the national level. The rapporteurs are also strongly encouraged to present their own opinion as well as that of the national doctrine on the subjects covered by the questionnaire. We hope that the national reports, thanks to their rich content, will enable us to present a comparative perspective on the development of the law of external relations in the Member States of the Union. Institutional rapporteurs are also invited to react/interact on the questions asked.