In article I-6 the Constitution of the European Union not only purports to be itself superior to the Constitution of Malta, but also purports to make the laws enacted by the Union's institutions superior to the Maltese Constitution. In case of conflict, therefore, Union laws would prevail.

This particularly obnoxious provision of the EU Constitution is incompatible with Section 6 of the Constitution of Malta which establishes that any law shall be null and void to the extent that it is inconsistent with the Constitution of Malta.

As long as two-thirds or more of all members of the Maltese Parliament do not vote in favour of a legislative measure which nullifies Section 6 of the Maltese Constitution, the Constitution and laws of the European Union will not be superior to the Constitution of Malta, notwithstanding what Article I-6 of the EU Constitution lays down.

Therefore, if we are to preserve the superiority of the Maltese Constitution, it is imperative that fewer then two-thirds of all the members of Parliament vote in favour of the ratification of the treaty establishing a Constitution for Europe (and, hence, the new Constitution setting up the new European Union).

It is utterly repugnant to renounce the supremacy of the Constitution of Malta in the case of any law which the EU might elect to enact, as Article I-6 of the EU Constitution arrogantly provides. It is outright dangerous to do so in view of the increased incidence of areas which the EU Constitution contemplates to be decided by majority voting, which may mean that Malta finds itself lumbered with EU laws enacted in spite of the island not being in favour of them, and which may well happen to be inconistent with the Constitution of Malta.

It would not be correct to hold that because the majority voted in favour of membership of the EU members of the Maltese Parliament have the people's mandate to subject the Constitution of Malta to laws to be enacted by the EU. Yet, the Prime Minister has arbitrarily assumed that he has the people's mandate to accept the supremacy of EU laws over our Constitution. Indeed, he has also arrogated to himself powers which he does not possess when he signed the EU Constitutional Treaty on October 29, thereby agreeing to the provision stating that EU laws shall have primacy over the provisions of the Constitution of Malta which explicitly prohibits him from accepting that any law, including any foreign law, shall be superior to the Constitution of Malta.

If government members of Parliament are prepared to disown their oath of loyalty to the Constitution of Malta by renouncing its supremacy over all laws having force in Malta, the people of Malta, who are not willing to disown our Constitution, expect Labour opposition members not to act in collusion with government members to degrade our country's Constitution, by voting in favour of the ratification of the EU Constitutional treaty.

The people of Malta did not vote in favour of membership of an EU which is now being established by a Constitution that provides, in Article IV-444, that the European Council, acting unanimously, may in future authorise the Council of Ministers to act by qualified majority in areas where the ratified Constitution requires unanimity, thereby amending the Constitution by increasing policy areas which will be put under EU majority, without the need for new treaties, parliamentary ratification or popular referenda.

Nor did the people of Malta vote in favour of an EU established by a Constitution which provides, in Article I-18, that where the ratified Constitution does not give powers to the EU to attain its objectives, the Council of Ministers shall, acting unanimously, excogitate new power, thereby, in effect, overstepping the ratified Constitution.

The Constitution of the new European Union, established by it, with its 448 articles, 36 protocols and 48 declarations, deserves to be closely scrutinised. It will be found to be, according to the pro-EU Green Party of the UK, a step away from a sustainable, democratically accountable EU. So much so that it has prompted the UK Green Party to campaign for a no vote, with the slogan "yes to Europe - but no to the Constitution".

Dr Mifsud Bonnici is a former Prime Minister and former leader of the Malta Labour Party.

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