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The ratification of the EU Constitutionm in the Maltese Parliament: The Opposition can strengthen the Maltese Constitution – Campaign for National Independence CNI
Dr
Karmenu Mifsud Bonnici – in his position as President of the Campaign for
National Independence CNI
– in the most detailed manner explained CNI’s
position with respect to the new EU Constitution and how the Labour Opposition,
notwithstanding the Parliamentary manoeuvres by the Government, can vote in such
a manner that the Constitution of Malta will be stringer than that new EU one.
During
a press conference that was held at the CNI
offices in Mosta, Dr Mifsud Bonnici explained that everything indicates that the
government will have its way because it has a majority in Parliament and is
going to vote in favour of ratification of the new EU Constitution.
But
if the Labour Opposition abstain from its vote in Parliament and even though at
the same time the treaty will be ratified by the Maltese Parliamentary, this
will be enough for the Constitution of Malta to remain superior to that of the
EU.

The CNI President explained in the clearest manner possible how the Nationalist Government is trying to confound minds and not explain exactly what the Constitution of Malta states.
This
is because while the Government is not going to present any amendment prior to
the vote in the Maltese Parliament – because it neither did this as it could
do prior to the Rome agreement last year – if such an amendment is presented
by the Labour Opposition it will not be approved because the Government has a
majority and will vote against it.
Therefore,
explained Dr Karmenu Mifsud Bonnici, the Government will then present for voting
the EU Constitutional treaty as approved by the member countries and this will
pass for the simple reason that it has a majority in Parliament.
However,
the Labour Opposition may here enter into the picture and the manner with which
it may prevent the EU Constitution from being superior to the Maltese
Constitution.
Dr
Mifsud Bonnici explained that according to Article 6 of the EU Constitution,
this states that the laws made by the EU and that are in the competence of the
EU, are superior to the laws of the EU members, each country in an individual
manner.
But according to section 6 of the Constitution of Malta, any other law that is
inconsistent with the Constitution of Malta is null and without effect.
Therefore, unless the Constitution of Malta is changed, Section Six will continue into effect and any European Union law that will not be suitable to Malta, will not enter into effect in our country because the Constitution of Malta will be superior to the European Union Constitution.
Dr Karmenu Mifsud Bonnici said that this is the crux of the matter and it is therefore important for the Labour Opposition not to vote in favour.
If
the ratification is only approved by the votes of the Government Parliamentary
Members, this would have been approved by a simple majority and not with two
thirds of Parliament which would mean a qualified majority.
Therefore the Opposition can vote not against but only abstain.
Although it will have been approved by the Maltese Parliament just the same, this would have been passed with a simple majority.
The
Constitution of Malta would remain superior to that of the EU.
He explained how the Nationalist Government that has a majority of five seats in
Parliament wants to ratify the new EU Constitution at all costs, because the
membership agreement that had been signed at Athens in 2003 is on this
Constitution.
In the words of Dr Mifsud Bonnici, the majority of the Maltese people are today
expressing themselves against his agreement.
Therefore
the Government, in Parliament, has the best opportunity to vote against the
ratification of the EU Constitution and thus could negotiate anew the membership
agreement it had made with the EU.
Prior to the signing of the new EU Constitution last year by the member countries, every country had the opportunity to make reserves or amendments, but the Maltese Government was the only one that did not do so and left out a number of declarations that were made during the negotiations by Malta for EU membership.
Among
the declarations that were left out was that on neutrality.
Dr
Mifsud Bonnici said that the Nationalist Government had already stated that it
will vote in favour in Parliament and therefore is going to present for
Parliament’s approval the treaty as is.
Because the Labour Opposition is faced with this situation it cannot make any amendments because the decision is already taken by the Government.
At
the same time Parliament is going to have a situation of either voting in favour
or against the ratification of the new European Union Constitution.
Because the Maltese Government has 35 Parliamentary Members against the 30
Labour Parliamentary Members, the treaty is going to be approved as is without
reservations or amendments.
22.03.2005
e-mail: cnimalta at yahoo.co.uk
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