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Home > The Constitution > Ratification Stage > Malta
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REFERENDUMS HELD ON EUROPEAN MATTERS: 1

2003: EU - Accession (Yes 54 % - No 46 % - Turnout 91 % - both sides declared victory and the issue was settled by a general election one month later - the pro-EU party won with 51% of the vote)

 

CONSTITUTIONAL CONDITIONS - Constitution of Malta

Binding referendum provided if amendment of fundamental principles of the Constitution affected. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transfer of sovereignty to EU:
none

Approval of transfer of sovereignty without effect of constitutional amendment:
No constitutional regulation.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated, but constitutional amendment required.

Approval of constitutional amendment:
Majority required and procedure varies according to the part of the Constitution which requires amending. Art. 66 ConstMalta.

Other constitutional regulations about referendums:
none

 

RATING AND DEBATE

Decided

On 5 June 2004, the current Prime Minister, Dr. Lawrence Gonzi, confirmed the opinion of his predecessor that there will be no need for a referendum and the ratification procedure seemed to be a formality. The traditionally eurosceptic Labour party had "accepted the reality of Malta's EU membership" and was to vote in favour of the Constitution, with some reservations. On 15 February 2005 the Parliament started to debate the Constitution. According to a survey cunducted in spring 2005, Maltese support for the EU Constitution fell to 56 per cent, down from 70 per cent in the spring of 2003. The survey results suggested that the relatively low level of support in Malta was unlikely to be linked directly to the contents of the Constitution although some concern had been expressed about the extent to which the EU Constitution could supersede the Maltese constitution. In an interview with The Sunday Times, President Eddie Fenech Adami said, he believed the Constitution should be amended to enable holders of his office to send back legislation to Parliament for reconsideration, if they disagreed with it. He believed that because of disagreement on EU membership before the referendum, "overemphasis was made on the points in favour and there was overemphasis on the points against", so both sides were feeling disappointed with the way things had turned out. (timesofmalta.com)
Finally in May 2005 the traditionally eurosceptic Malta Labour Party, which has 48% of the seats in parliament, had come out in favour of the Constitution, also stating that no constitutional amendments would be required. After this statement all three political parties in the country were in favour of ratification.

On 06.07.2005 Malta’s parliament unanimously ratified the Constitution. “This new chapter offers many opportunities for the Maltese people,” Prime Minister Lawrence Gonzi said after the vote, supported by all MPs. “Through its vote, parliament is closing a long, controversial, divisive, chapter in its history and opening another where there is national support on European policy,” he said.

More background information...

Eurobarometer (2006), The Future of Europe - Results for Malta, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 61% rather agree, 15% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 31% favourable, 13% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 50% favourable, 20% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

06.07.2005 Malta ratifies EU constitution. EUbusiness.com

22.06.2005 Malta to continue with ratification of EU constitution. EUbusiness.com

17.02.2005 Malta to vote on EU Constitution in July. EUobserver.com

18.10.2003 Maltas Prime Minister Edward Fenech Adami declared that Malta will not hold a referendum on the EU Constitution. EUobserver.com

 

PROCEDURE

vote in the national parliament

 

STATE OF THE PROCEDURE

The House of Representatives unanimously ratified the Constitution on 06.07.2005. (65 Yes - unanimously)

 

DATE OF REFERENDUM

Ratification of the Constitution was foreseen for December, but the Prime Minister delayed it in hope of the opposition eurosceptic party changing its policies toward the EU (and thus giving political support to the Constitution) in its forthcoming general
conference.

The parliamentary ratification was held on 06 July 2005.

 

RELEVANT DOCUMENTS AND MATERIAL

Link: European Movement - Malta

The Federal Trust, EU Constitution Newsletter, April 2005, with country reports on Sweden and Malta.

Link: Malta-EU information centre

 

 

© Carlos Closa 2003 - Design by Eduardo Jáuregui. Edited by Mario Kölling
Doctorado en Unión Europea