EU accession ratification bill published

The bill for the ratification of the EU accession treaty, just published by the government, includes provisions for the primacy of EU law.

It also includes an amendment which will see the European Union find itself in the Constitution.

The bill provides that as from May 1, 2004, the treaty and existing and future acts by the European Union shall be binding on Malta and shall be part of domestic law under the conditions laid down in the treaty.

Any provision of any law which from that date is incompatible with Malta's obligations under the treaty, or which derogates from any right given to any person by the treaty, shall be without effect and unenforceable.

For the purposes of any proceedings before a court or other adjudicating authority, any question as to the meaning or effect of the treaty or instruments arising from it, shall be treated as a question of law and if not referred to the Court of Justice of the European Union, be determined in accordance with the principles laid down by that court.

The constitutional amendment will be an addition to subarticle one of article 65, to read as follows:

"Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Malta in conformity with full respect for human rights, generally accepted principles of international law and Malta's international regional obligations, in particular those assumed by the treaty of accession to the European Union signed in Athens on April 16, 2003."

A transitory provision also lays down that the prime minister may by order in the 12 months after May 1, 2004, make such amendments to any existing law as may appear to him to be necessary to bring that law into conformity with the provisions of the treaty.

Those powers will not include the power to impose a tax or create a new criminal offence or raise a penalty in respect of any existing criminal offence.