The legalisation of abortion
In its interesting editorial on the ratification of the EU Constitution (December, 29), The Times refers to the primacy of EU law. It pertinently asks whether the EU could enact legislation to legalise abortion as a matter of social policy and, in such...
In its interesting editorial on the ratification of the EU Constitution (December, 29), The Times refers to the primacy of EU law. It pertinently asks whether the EU could enact legislation to legalise abortion as a matter of social policy and, in such case, whether Malta would be required to submit to this law.
Allow me to recall that during accession negotiations, Malta negotiated a protocol which states that "Nothing in the Treaty on European Union, or in the Treaties establishing the European Communities, or in the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in the territory of Malta of national legislation relating to abortion".
This protocol has now been attached to the new EU Constitution and aptly reworded as follows: "Nothing in the Treaty establishing a Constitution for Europe or in the Treaties and Acts modifying or supplementing it shall affect the application in the territory of Malta of national legislation relating to abortion".
This protocol, which is self-explanatory, allows us to retain our position on abortion even if the European Union had to enact a law legalising abortion.
But, of course, the EU cannot do so.
Indeed, Article 6 of the EU Constitution makes it clear that "The Constitution and law adopted by the institutions of the Union in exercising competences conferred on it shall have primacy over the law of the member states." This means that EU law is supreme over national law in those areas where the EU has the power to act. But not in areas, such as abortion, where it has no power to legislate.