Malta’s constitution and the EU

John Vassallo, a former ambassador to the EU, ostensibly calls for our EU membership to be enshrined in our constitution (‘Membership of the EU and our constitution’, January 7).

This issue has stirred quite a controversial debate not only among jurists and academics in Malta but also in several other EU member states.

In the Netherlands, for example, Rob Jetten, leader of the Democrats 66, and Kees Verhoeven, member of the same political party, had, in 2019, introduced a proposal in the Tweede Kamer to enshrine EU membership in the Dutch constitution. 

This proposal for a constitutional amendment consisted of three parts, namely: 1) enshrining Dutch EU membership in the constitution; 2) providing for a specific procedure to follow in case the Netherlands decides to withdraw from the EU; and 3) enshrining parliamentary involvement in EU decision-making.

The Maltese flag flies outside the Berlaymont Building, in Brussels on the 20th anniversary of the 2004 EU enlargement. PHOTO: EC – Audiovisual Service/Lukasz Kobus

Discussions on whether or not EU membership should be enshrined in the constitution have been present in the Dutch discourse since the 1950s. The EU itself does not impose any obligations on its member states in this regard. A look through different constitutions in the EU shows there is no common practice among the 27 member states when it comes to constitutionally enshrining EU membership itself.

For example, neither Luxembourg nor Denmark have included any kind of reference to EU membership in their respective constitutions. Both constitutions only refer to the transfer of the exercise of powers to institutions of international law. Also, Italy, while having included references to the EU in other provisions relating to constraints on legislative powers through EU membership, does not explicitly mention such membership in the constitution. 

Thus, article 11 of the Italian constitution only talks about promoting and encouraging international organisations that have as their objective the ensuring of peace and justice among nations.

The French constitution, in turn, has included a specific provision on EU membership, as has the German Basic Law. In 1992, the year of the Maastricht Treaty, article 88-1 was inserted into the French constitution while article 23(1) was added into the German Basic Law.

So far, for a variety of reasons, refraining from enshrining EU membership in our constitution should prevail over any other argument calling for its enshrinement.

Mark Said – Msida

San Anton paving

Reference is made to Paul Xuereb’s letter, ‘Paving at San Anton Gardens’ (January 10).

Once again, the Office of the President would like to clarify that the upkeep of San Anton Gardens does not fall under its remit.However, it should be pointed out that, as has already been publicly announced on June 28, 2024, the government agency Project Green will be undertaking restoration and maintenance works on San Anton Gardens to preserve the artistic and historical legacy.The Office of the President is informed that there is currently a call for tenders and, following successful procurement, works should commence this year.

Reuben Sciberras, Head of Secretariat, Office of the President – Attard