Malta 'respecting' EU rules on divorce

European Justice Commissioner Franco Frattini said Maltese laws outlawing divorce are compatible with EU rules, adding that the EU has no intention of interceding with the government to introduce divorce because that is not within the bloc's competence.

Furthermore, in the Commission's view, there is no discrimination between the rights of Maltese married couples and those of foreigners and Maltese citizens who have married foreigners under the Maltese Marriage Act.

Mr Frattini was answering questions raised recently at the European Parliament by Lilli Gruber, a Socialist Italian MEP and a former Rai journalist.

Ms Gruber argued that the state of affairs in Malta regarding divorce goes against the European Charter of Human Rights and discriminates against Maltese citizens who have married partners of the same nationality. She said that while divorce is not allowed in Malta, a divorce decree by a foreign competent court is still recognised by the Maltese authorities. She charged that this amounts to discrimination against Maltese partners married under the Maltese Marriage Act.

Mr Frattini disagreed. He said that article 9 of the Charter of Fundamental Human Rights (on the right to marry and the right to found a family) does not refer to a "right to divorce", which is, thus, still governed by domestic laws.

"The European Court of Human Rights (ECHR) has, so far, refused to recognise a right to dissolve a marriage as included under the protection of the ECHR," the commissioner added.

Malta is the only member state out of the 27 in the EU that does not allow divorce.

Mr Frattini said the situation prevailing in Malta is compatible to current EU legislation.

He said the Community has adopted rules on jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, which also apply to Malta.

"It is to be noted however that EC regulations do not impose an obligation on member states to introduce and/or modify their existing legislation on divorce. Consequently, the Maltese authorities act in accordance with community legislation as long as they recognise divorce judgments issued in other member states."

On the question of alleged discrimination between different couples raised by Ms Gruber, Mr Frattini said the Commission sees no discrimination between a couple where both spouses are Maltese nationals and a couple where a Maltese citizen is married to a non-Maltese citizen.

"Neither of the two couples would be able to obtain a divorce before a Maltese court because Maltese law does not provide for divorce. On the other hand, both couples would be able to apply for divorce before the courts of other member states provided they are habitually resident in that member state," he explained.