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.
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m.muscat
Oct 22nd 2008, 18:01
Well said Mr.Borg. I was surprised by the attitude of Dr.Busuttil who should be on the forefront in solving this crisis. Dr.Busuttil is an intelligent person and he knows very well that the situation is extremely serious. It's no use finding excuses in racism as the problem will come to haunt us well before the MEP's elections in June. By that time we would know very well who is saying the truth and who is finding excuses to mitigate this situation. I had great expectations in the abilities of Dr.Busuttil but I am afraid I was wrong. Well let's hope that we are wrong and he is right. Only time can tell.
Davinia Vella
Oct 22nd 2008, 17:05
Dear Maltese
for the love of morality, For starters: let us not mix refugees with all migrants. Refugees are victims of war and hence legally entitled for asylum, care and FULL human rights that ANY citizen is entitiled too. THIS IS INTERNATIONAL LAW.
Secondly :Lets not be too rash in our replies and actions . War like environmental disasters has no fixed agenda, we might find our selves at the receiving end of aid and asylum one day ... just like we wer e 50 years ago... when half of Malta s families went to the New World.
Davinia Vella
Amnesty International Malta Group
c.Borg
Oct 22nd 2008, 15:10
What does our MEP Dr.Busuttil has to say about this? His article in to day's TOM was nothing short of an insult to the Maltese people. Because he has no solution to the problem, let alone his support to the Frontex mission which worsened matters, he is now labelling the protesters as "racist and xenophobic" Dr.Busuttil should use his common sense and publicly admit that Malta , already densely populated, cannot take more. We elected him as MEP to fight for our rights and not to openly insult us. And at election time we shall stand up and be counted as he is proposing.
For his information we have never suggested to "let them drown" and he himself had earlier stated that "Europe cannot expect us to go on like this." Dr.Busuttil should admit defeat as he had no foresight as to the gravity of the problem and that, as Prof.Frendo said on Dissett "everybody was satisfied when we first opened a Detention Center which could accommodate 200 immigrants. We thought that was enough". How about that for shortsightedness.
Dr.Busuttill , as our representative in EU, should stand up and really BE COUNTED, before it's too late.
l Galea
Oct 22nd 2008, 12:33
Can the commission ever be so arrogant when everyone knows the vast amounts of illegal immigrants that are invading OUR country and the millions that are being spent on them from OUR taxes and which we cannot afford?
If the illegal immigrants want to be united with their families then they should return to their own countries not bring their families here.
If the eu commission doesn't like it they can take them all to the comissioners own country (except Malta).
After all, they were their colonizers.
We never were.
Rita Spiteri
Oct 22nd 2008, 12:14
However, according to the commission's report, Malta is still not making this distinction and is putting all migrants in the same boat.
WE wish.....or better still why not put all the migrants on a plane and send them to Brussels:)
d. borg
Oct 22nd 2008, 11:38
This is ridiculous. So the Eu expects us to accept these immigrants (mind you not on a voluntary basis) and also bring their families (no matter how big these families are?). On our small island? Ridiculous!!!
Sandro Pace
Oct 22nd 2008, 10:01
The EU commission certainly has a face doesn't it?? And the minister is probably being purposely naive, as the EU complaint is more on the implementation than the transposition.
Why doesn't the minister tell them that yes, they have the right to unification, even by law, but Malta presently cannot take that. As it would mean another 400 immigrants we have to accommodate ??
Or that it should be done on a "Voluntary basis", that is, if and when Malta wants, "lest it will act as a pull factor". As we were told.
Frankly I am fed up by this arrogant attitude from the commission and submissive attitude, to the point of begging on its knees, by our government. Family unification ok, but back in their countries.