Updated: Cancellation of foreigners from EU electoral register unlawful - AG
PM asks Electoral Commission to take remedial action
(Adds PM's letter to Commission)
The procedure used by the Electoral Commission to cancel 945 people from the 2004 and 2009 EU Electoral Register was unlawful and not according to procedure, the Attorney General has told the Prime Minister.
Prime Minister Lawrence Gonzi had asked the AG's office for advice about the legality of the cancellation of 945 persons from the EU Electoral Register.
In a letter sent to Dr Gonzi today, the AG said that voters entered on the electoral roll had to remain on the register under the same conditions as nationals until they requested to be removed or until they no longer satisfied the requirements to exercise their right to vote.
In a letter to the Electoral Commission this evening, the Prime Minister said that the situation should be remedied for these people to be able to vote.
He said that as the EP elections were due soon, he expected the commission's proposals on how this could be done, by Monday.
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Antoine Cassar
May 9th 2009, 11:26
Article 9(4) of Council Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals:
"4. Community voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until such time as they request to be removed or until such time as they are removed automatically because they no longer satisfy the requirements for exercising the right to vote."
This law can be easily found on the eur-lex.eu database, in all 23 official EU languages, including Maltese.
In the other words, if the Maltese Electoral Commission does not reverse its action, it will remain openly in breach of a law passed by the same supranational entity whose decisions the EP candidates are seeking to influence, in the name of the citizens they represent - that is, not only their co-nationals, but all EU residents within their member state. Would a European election carried out in breach of its own rules be considered valid?
Frank Schmitz
May 9th 2009, 08:55
I took it personally that I was unlawful removed! This incident insulted me so much that I will never be again able to vote for the responsible party!
G.Schembri
May 9th 2009, 08:45
Attention PL! Be sure to scrutinize these 945 persons, adding such a large number on the eleventh hour sounds very fishy. Didn't the commission know it was illegal to remove these names?
It was unfair to remove them, but now who is going to make sure these person really have a right to vote?
laurence schembri
May 9th 2009, 08:18
I was 100% right all along.
Jimmy Magro
May 9th 2009, 06:47
I find this report to be so dry that leaves more doubts than anything else. For the AG to say something is unlawful without quoting the relevant section of the law, is quite a very unprofessional advice. The same thing applies when the AG is being quoted as saying that "not according to procedure". It is either unlawful and hence there must be a specific section of the law that has been breached, or the wrong procedure has been applied. Procedure is not part of the law and therefore there is a big difference.
The Electoral Commission is above any other institution of the land and it cannot act on the directive of any office in Malta or abroad, not even that of the Prime Minister. I think that the PM's letter is unlawful as the Commission cannot take orders from the Prime Minister.
Democracy in Malta is more like chewing gum in Malta. This does not give a good impression of our democratic credentials and the same applies to the AG. The AG knows that the remedy is to take the case to the Civil Court and not the PM sending a letter to the EC, which is unlawful.
Oisin Jones-Dillon
May 8th 2009, 23:00
In this regard, see:
http://www.timesofmalta.com/mepelections/view/20090427/news/960-eu-nationals-struck-off-malta-electoral-register
Oisin Jones-Dillon