Mixed legal systems – A ‘loving’ marriage of legal systems or a curse – The case study of Malta in the EU context

A state who has ended up with a mixed legal system whether by choice or by history is in a better position to face the new legal challenge posed by economics and politics? Hence reference is made to the constitutional/administrative law setting. Reference is made to the evolution of the legal system of Malta which for centuries has been a pure civil system. Then when Malta has been a British colony for a century and a half, common law was introduced. After independence, Malta opted out of a free choice to consolidate the mixedness in its system and common law influence became stronger. Needless to say, for the last two decades, there has also been a strong influence from the EU legal system. Reference is also made as to how the Maltese legal system adapted itself with its ‘marriage’ with the EU legal order and how Malta managed to reconcile the Westminster model of parliamentary supremacy with constitutional supremacy and then with EU law supremacy with its accession to the EU.