Mark S. Stephenson writes:
I understand a Maltese government ID card is considered a valid travel document when travelling within EU countries. I myself, having Maltese citizenship, have tried using my own ID card successfully in a number of EU countries as my official travel document as opposed to my passport, more than anything just to try the system out and personally ensure it works.
My father has a British passport which expired. He was going to travel to other EU countries and I advised him not to rush and get his passport renewed before he travelled since he could easily use his ID card.
But he ended up being humiliated at Malta International Airport and was not allowed to leave the country with his ID card and missed his flight. Maltese immigration authorities apparently do not recognise his ID card as a valid travel document, based on my father being classified as an "alien" on his ID card.
When such a holder of a Maltese government "alien" ID card is a citizen of another EU country this makes a mockery of being able to use one's ID card to travel within the EU. As a minimum there should be some differentiation between "aliens" belonging to another EU country and "aliens" not belonging to any EU country.
Does this differentiation violate an EU citizen's basic rights to travel within the EU?
I would welcome your comments on the above issue.
As of May 1, 2004, Maltese citizens gained EU citizenship and this enabled them to travel freely within the EU. A valid travel document, whether passport or ID card, are sufficient for this purpose.
I have come across only a few cases where ID cards have been refused as a valid travel document. Usually these complaints concerned the UK. But, in general, an ID card works without any problems, as this reader can confirm.
Yet, this question does not relate to Maltese citizens using their ID card for travelling purposes. It relates to other EU citizens who are resident in Malta and who hold a Maltese ID card.
In this case, the persons concerned are issued with an ID card with a number that is followed by the letter "A" for "alien" as against the usual "M" for "Malta" and "G" for "Gozo". More recently, it appears that other letters have been introduced too.
But the issue here is whether the "A" ID card held by other EU citizens in Malta can also be considered as a valid travel document.
I have enquired about this matter and established that a distinction is made between ID cards issued to EU citizens and those issued to non-EU citizens. In both cases, an "A" ID card is issued. However, in the case of non-EU citizens the words "for use in Malta only" are printed on the reverse side of the card. These words are self-explanatory and it is clear and understandable that non-EU citizens holding a Maltese ID card should not be able to use their card for travelling within the EU as they do not have EU citizenship.
Yet, it is not altogether clear whether this distinction was actually intended to render the card a valid travel document in the case of EU citizens but invalid for travel in the case of non-EU citizens.
Indeed, it transpires that the Maltese immigration authorities appear to be refusing to accept all "A" ID cards for travelling purposes, irrespective of whether the holders are EU citizens or non-EU citizens.
As a result, EU citizens resident in Malta are being required to produce their passport at the airport for immigration checks, rather than just their ID card like the rest of us. This explains why a number of people have been turned back at the airport and told that their ID card was not valid for travel. Indeed I have received a number of complaints about this.
My view is that, whereas it is understandable that non-EU citizens should not be allowed to use their ID card for travelling purposes, EU citizens should be treated in the same way as Maltese citizens. Consequently, an "A" ID card held by an EU citizen should be accepted as a valid travel document by the Maltese immigration authorities. More so since their card does not expressly state that it is for use in Malta only.
It is not altogether clear whether this distinction between Maltese and EU citizens is illegal under EU law as national authorities appear keen to retain discretion on how and to whom they issue ID cards. But I do question the legitimacy of this kind of discrimination.
As a minimum, if the immigration authorities do not want "A" ID cards to be used for travelling purposes, they should make this clear to all concerned. People holding an ID card which does not clearly spell out that it is for use in Malta only should be informed that they cannot use their card for travelling. And until and unless this is done they should be allowed to travel and not be turned back at the airport, missing their flight in the process.
I am in contact with the relevant authorities on this matter and they have assured me that they will clear this issue as soon as possible.
Readers wanting to raise issues or ask a question can e-mail Dr Busuttil at contact@simonbusuttil.com or contact him via www.simonbusuttil.com