III - Changes to Constitutional Law

Nature national instruments
What is the character of the legal instruments adopted at national level to implement Euro-crisis law (constitutional amendment, organic laws, ordinary legislation, etc)?

Euro-crisis instruments are adopted by ordinary legislation. The only exception is the approval of the amendment of Article 136 (3) TFEU which is based on an order of the Prime Minister and is classified as subsidiary legislation (see question V.2).

Constitutional amendment
Have there been any constitutional amendments in response to the Euro-crisis or related to Euro-crisis law? Or have any amendments been proposed?

No, but see question VII.2 on a proposal to write a new fiscal clause into the Constitution.

Constitutional context  
If national constitutional law already contained relevant elements, such as a balanced budget rule or independent budgetary councils, before the crisis that are now part of Euro-crisis law, what is the background of these rules?

No such rules exist in the Constitution of Malta.

Purpose constitutional amendment       
What is the purpose of the constitutional amendment and what is its position in the constitution?

Not applicable.

Relationship with EU law
Is the constitutional amendment seen as changing the relationship between national and European constitutional law?

Not applicable.          

Organic law   
Have there been changes to organic laws or other types of legislation that are of a different nature or level than ordinary legislation, in relation to Euro-crisis law or the budgetary process?


Constitutional amendment and ordinary law       
If ordinary legislation was adopted in conjunction with a constitutional amendment, what is the relationship between the two?

Not applicable.

Perception source of legal change
In the public and political discussions on the adoption of ordinary legislation, what was the perception on the appropriate legal framework? Was the ordinary legislation seen as implementing national constitutional law, or Euro-crisis law?

There was no specific discussion about the appropriate legal framework for Euro-crisis law. However, the attempt of the government to adopt the Fiscal Compact by an order of the Prime Minister was not accepted by Parliament. This is why the government decided to ratify the Fiscal Compact by the ordinary legislative procedure to adopt statutory law. The discussion shows that Parliament is eager to be adequately involved in the ratification procedure.

What other information is relevant with regard to Malta and to changes to national (constitutional) law?

Not applicable.