EU law and Maltese law - an integration or legal irritants

Abstract

This chapter seeks to examine the relationship between the EU legal order and the Maltese one. The objective is to see how and to what extent the EU legal order has integrated into the Maltese one. The kick-off point is a brief analysis of the constitutional implications of Malta’s EU accession, drawing upon the inspiration of the major source of Maltese public law: the British Constitutional and Administrative law. Following a constitutional analysis, the chapter examines how the two legal orders effectively work side by side in day-to-day matters. This is analysed through a brief study of the impact and application of the direct effect of EU legal instruments in the Maltese legal system. The third section of the chapter looks at the way EU substantive law has managed to penetrate Maltese law as a mixed legal system. The examples chosen are indicative of how other legal concepts can be integrated, and the study is by no means an exhaustive exercise. It also helps to analyse how much the Maltese legal system is ready to face new challenges such as that presented by the DCFR (Draft Common Frame of Reference). Finally, the chapter concludes with the effectiveness of EU law from the Maltese experience.