Malta's electoral law on the right of EU citizens to take part in European Parliament elections is being investigated by the European Commission after it received complaints from foreign residents in Malta.
Before June's MEP election, a considerable number of foreign residents complained that their names had been struck off the electoral register used in the 2004 elections without any notice and they had to re-apply to vote in the 2009 elections.
The investigation was revealed by EU Justice Commissioner Jacques Barrot in replies he gave to three Irish MEPs who are pressuring the Commission over this issue after complaints they received from their constituents living in Malta.
Brussels is looking to establish whether these procedures adhered to an EU directive (93/109/EC) that lays down detailed arrangements for the exercise of the right to vote and stand as a candidate in the EP elections for EU citizens residing in a member state of which they are not nationals.
In compiling its analysis, Brussels is awaiting for a detailed report on the process used in June's election to be submitted by the Maltese authorities later this year.
The EU executive told the three MEPs - Socialist MEP Prionsios De Rossa, Liberal Liam Aylward and Leftist MEP Joe Higgins - that it had already received several complaints from EU citizens living in Malta and an investigation was under way.
"The Commission confirms it has received complaints from EU citizens on alleged difficulties for non-Maltese EU Citizens to exercise their right to vote in the 2009 European elections organised in that member state," Mr Barrot told the Irish MEPs.
He added that in its report on the 2009 European elections, scheduled to be adopted in 2010, the Commission would assess the implementation of EU law in the field of European elections by Malta.
"In the light of this assessment, the Commission will be in a position to assess what action needs to be taken in relation to the alleged difficulties," he said.
If Malta's electoral law is not in line with the EU directive, the necessary changes will have to be made.
Since many foreign residents have complained they were not even informed their names had been struck off the 2004 electoral register, the Commission said it would also be looking into this aspect.
Brussels said its report on Malta would also cover the issue of the measures taken to inform non-national EU citizens on their electoral rights.
"It is indicated in the report on the 2004 European elections that in Malta, information was dispatched to the EU citizens through leaflets, adverts in newspapers, on television and radio, and on a website. The report of the Commission shall provide detailed data on information measures taken by the Maltese authorities in the 2009 European elections," Mr Barrot promised.
Figures obtained from the EP office in Malta show that during last June's elections, there were 2,203 foreigners residing in Malta registered to vote. Less than half, 772, did in fact cast their vote on election day. The largest group, 519, consisted of British citizens, followed by 49 Germans and 45 Italians.