Government refutes Brussels claim on breach of directive

The European Commission and the government are disagreeing over a report that Malta is not properly implementing certain provisions of an EU directive on the right to family reunification by migrants, particularly in relation to refugees.

According to the commission's report, evaluating the transposition by member states of Directive 2003/86/EC, Malta is not giving any favourable rights to refugees.

The commission charged that Malta is not making any distinction between refugees and other migrants on family reunification rights as stipulated by the directive, something the government has contested.

According to the directive, migrant refugees recognised by Malta have the right to bring their family to the island under certain favourable provisions, which are different from those regulating other migrants.

However, according to the commission's report, Malta is still not making this distinction and is putting all migrants in the same boat.

"Recognised refugees are special cases and must be given special treatment when applying to bring over their family members," an EU official said.

However, the Justice Ministry has rebuffed the commission's findings and insisted Malta is fully respecting the directive.

"The ministry does not share the commission's view on this matter and believes this directive was transposed effectively in the relevant Maltese laws and subsidiary legislation," a ministry spokesman said.

"The provisions of a large part of the directive on family reunification dealing with third country nationals was transposed into our legislation by means of regulations made under the Immigration Act and published through Legal Notice 150 of 2007.

"On the other hand, family reunification of refugees was previously dealt with in a general manner in the Refugees Act and now in a similar manner in the regulations made under the Refugees Act and published by means of Legal Notice 243 of 2008."

According to the ministry this explanation should clear the air with the EU executive.

Contacted again for its reaction, the commission stopped short of pronouncing itself on the ministry's response. However, the spokesman said that, before publishing the report, all member states were given the opportunity to comment on these findings.

"We didn't receive any comments from Malta's end on the findings of the report, which was circulated to them last August," the commission's spokesman said.