EU exit in the Constitution

Most of us, I am sure, will agree that membership of the European Union cannot be seen as just another international agreement or convention that Malta adheres to.

One could consider explicitly stating in the Constitution that Malta can exit the EU only through a two-thirds majority vote in Parliament

EU membership has changed and will continue to change some of the most important elements of our daily lives. The way we conduct business, the value we give to our environment and how we view ourselves as part of the globalised world have all been significantly impacted by EU membership.

I believe that Malta’s accession to the EU was a defining event of our nation’s history as an independent state, and will remain so.

One could even go further and define EU membership as a ‘constitutional moment’, which at the time of accession was not treated as such.

The Constitution as it stands today makes just one mention of EU membership and that mention seems to be more of consequence rather than purpose. It refers to EU membership when setting out the powers of Parliament.

More specifically Article 65(1) states: “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 and regional obligations in particular those assumed by the treaty of accession to the European Union signed in Athens on the 16th April, 2003.”

Of course one may argue here that the Treaty of Accession to the European Union is given specific mention above all other international and regional obligations.

I feel, however, that Malta’s membership of the European Union warrants elaborate treatment in the Constitution and not just a mention (as if) in passing. More specifically, the Constitution should formally acknowledge the legitimacy of EU membership and the transfer of certain powers (competencies if you wish) to the European Union.

In contemplating changes to the Constitution relating to EU membership, the way Malta could be withdrawn from the Union could also be included. This discussion is especially relevant given the current debate raging in the UK.

One could consider explicitly stating in the Constitution that Malta can exit the EU only through a two-thirds majority vote in Parliament.

I propose this not because of some emotional attachment to EU membership but rather because we should not allow it to ever become hostage to political fortune again.

The best safeguard against such an eventuality would be the inclusion of a specific clause in the Constitution.

Such a step would dramatically reduce the possibility that any political party using the potential withdrawal of EU membership as a political tool for short-term gain.

The price we would have to pay (both political and economic) if such an exit had to take place would be enormous and the implications far reaching. Including EU membership in the Constitution would also help ensure that if indeed Malta were to withdraw from the EU, this would have to take place through a well-established procedure, debate and vote in Parliament.

Of course it is relevant to state that at the time of Malta’s accession to the EU it was very difficult if not impossible to contemplate including Malta’s membership within the Constitution as the issue of sovereignty (or perceived loss of) was and to some extent continues to be a sensitive issue.

I, however, think that with the experience of nine years of successful EU membership now behind us, coupled with the fact that all political parties are now on the same page in terms of EU membership, the political climate is such that we can at last discuss this with an open and rational mind.

I look forward to such a discussion.