The Malta Armed Forces Act 1970 set against Maltese neutrality and developments within the European Union frameworks

Abstract

The AFM’s legal obligations since Malta’s accession to the EU have undeniably developed. This work attempts to examine its current legal structure in relation to the neutrality clause and the EU Frameworks. Specifically, this study focuses on the legislation and policy regulating its commitments abroad in the form of crisis management operations. Whereas literature in the field of Maltese neutrality within the EU has focused on Malta’s general foreign policy and recent political events which have tested its neutral and nonaligned stance, this paper seeks to examine the legislative framework for a response towards active participating AFM in designated areas of EU-interest. It questions whether current legislation (if any) allows for such practice and compares this with other neutral and militarily non-aligned EU Member States’ pertinent legislation and policy. Furthermore, it questions the legal compatibility of the neutrality clause and the AFM’s parameters on operations against the EU Frameworks. Through the findings made, it has been ascertained that there is no exact reference set in law on the relationship between the three identified subjects. Moreover, what has been noted is a set of provisions at national and EU level which do not enable a straightforward interpretation and may suggest that there is legal incompatibility with the neutrality clause and the relevant provisions in the TEU and TFEU. This in turn, renders the AFM’s legal obligations abroad within the remit of the EU uncertain if interpreted under the neutrality clause. Furthermore, although the AFM is regulated through an Act, the Act itself does not mention the AFM’s commitments abroad. This is not the case with the other neutral and or militarily non-aligned EU Member States. Amending the neutrality clause and the AFM’s regulations would progress the exercise of bringing these presumably legally incompatible domestic provisions to the fore.