Ivan Camilleri, Brussels
Malta ‘discriminating’ against same sex couples – Commission
Malta to clarify same-sex issue
The European Commission is to take legal action against Malta for discriminating against EU nationals in same-sex relationships, The Sunday Times has learnt.
Behind closed doors discussions between Malta and Brussels on the interpretation of the free movement directive with regards to same-sex issues have been going on for a year, but remain unresolved .
A Commission spokesman confirmed that Malta and the Commission disagree over the interpretation of a provision in the EU’s Freedom of Movement Directive (2004/38/EC), which gives certain rights to family members of EU citizens, irrespective of their nationality and sexual orientation, to move freely and reside in any EU member state.
The Commission is insisting that Malta cannot preclude same sex couples from benefitting from this directive as it is trying to do in its draft legislation to transpose this directive onto Maltese statute books.
“Malta cannot deny certain rights to an EU citizen in a same-sex relationship and then give the same rights to an EU citizen in a heterosexual relationship. It is very clear this would amount to discrimination and we want Malta to (give) the same rights to all EU citizens,” a Commission official said.
However, Malta is resisting granting rights to couples of the same sex in this free movement directive, which include residency and work permits, arguing it goes “against public policy”.
While recognising that Malta has a problem with the Commission over this legislation, a government spokesman said: “Malta maintains that the provisions of Directive 2004/38/EC of the European Parliament and of the Council on the right of Union citizens and their family members to move and reside freely within the territory of member states have been correctly transposed.
“Malta will be submitting the necessary clarifications in its reply to the Commission’s letter,” the spokes-man added.
The government said Maltese legislation recognises “the partner with whom the Union citizen has a durable relationship” but qualifies it with the sentence “unless such relationship is in conflict with the public policy of Malta”.
According to the Commission, Malta told Brussels that same-sex partnerships breached Maltese public policy.
The directive on the right of EU citizens to move and reside freely within the EU member states was enacted in 2004 and brings together the piecemeal measures found in the complex body of legislation that has governed this matter to date.
The new measures are designed, among other things, to encourage EU citizens to exercise their right to move and reside freely within member states and be able to benefit from issues like social benefits.
According to the Commission official, “Malta has already come a long way over this directive”, and has amended a number of provisions in its original draft legislation following the Commission’s interventions.
However, he said that a serious problem still remained with Article 3 (2) (b) which states that “the host member state shall, in accordance with its national legislation, facilitate entry and residence of the partner with whom the Union citizen has a duly attested durable relationship”.
Malta has been given until mid-May to respond to the Commission’s first-stage of legal procedures. The Commission will then decide whether to proceed further with the issue.
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Ms O. ShamRock
Apr 13th 2011, 14:45
What kind of policy chooses who is right and who is wrong? P.N. pushed us towards the EU to solve our financial crisis and many other points. They agreed to everything the EU implemented stating that it is for the good of the country, so what happened now? Where is Malta`s democracy stating that everyone is the same?! Do you use it at your convenience? I dont know who the actual people supporting this "public policy" are...but you should sort your act out. EU is not pro-gay its not pro-hetero its pro-equality and that is how it should be. Stop this conservative crap and lets start reasoning out problems to have a better living between each other!
Joe Grech
Apr 10th 2011, 22:04
WHO is the Commissioner who is working on this issue? Strange that no name is given....hardly transparent policy-making.
Is s/he perhaps too shy to tell us all who it is? President Emeritus EFA must be having sleepless nights - he rightfully encouraged we join the E.U. but he must really be disappointed the way things are going. I certainly am. No Burden Sharing, the Financial Bailing out of entire countries; then it was the Cry for Divorce - and now this ''same sex'' business.
Europe keeps sliding into absolute HEDONISM. Finances gone; incompetent bureaucratic ''management''; open hostility among partner countries; no political unity - Commissions work on an individual basis with no overall coherence. Europe really has problems...it's way past its Gone By Date. Perhaps Baroso et al will care to comment.
M Vella
Apr 11th 2011, 18:23
Lux Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding, actual Vice-President of European Commission must be trembling at the sight of your comment. Maybe you should have a look at her CV here http://ec.europa.eu/commission_2010-2014/reding/about/cv/index_en.htm
BZahra
Apr 10th 2011, 16:47
Well done to the Commission ! The EU Commission and Council should be more stringent on matters relating to human rights in Malta from a legal point of view. If Malta is part of EU, and have agreed (by a public referrendum) to form part of this bigger institution then the Maltese State and Government should acknowledge all forms of legal rights (human & civil) to all EU persons abiding within the same territory. Why should the Government of this tiny country of ours always do things to be different from the rest? Is it our feeling of inferiority? Is it our ignorance? I'm sure it's not the culture.....that would evolve into new values and mores of society!
@Mr. C. Busuttil: Please don't lighten us with your ignorance and lack of human tollerance and respect for human dignity.
Adrian Buckle
Apr 10th 2011, 16:29
Finally, the EC is helping us out of the middle ages. I thought I'd never see the day. As for the argument of 'granting rights to couples of the same sex in this free movement directive, which include residency and work permits, goes “against public policy” is simply obscene.
M Vella
Apr 10th 2011, 16:11
Shame on this government and it's twisted public policies. Remember dear PN, LOADS of people voted yes to EU membership precisely for these issues and enactment of equal rights. We won't forget this at the next polling booth. Ta.
C.Busuttil
Apr 10th 2011, 15:39
Minflokk thalli l-hin l-EU fuq hmerijiet bhal dawn ahjar tara xtaghmel fuq l-immigranti illegali mhux halliet lilna u t-taljani wahiedna.
U jekk il-koppji ommosessuali barranin mhux kuntenti hawn Malta, ghamlu pjacir intom ukoll tigux l'hawn. Il-poplu Malti jaqa w jqum minn dak li tghidu li jintressah li jghix ta' nies u mhux meta jigi l-kont tad-dawl itih hass hazin.
Malcolm Borg
Apr 10th 2011, 14:11
Thank God for the EU to pull Malta out of its narrow-minded culture of intolerance and discrimination.
David Borg
Apr 10th 2011, 14:06
Does recognition of same sex couples run counter to basic human values? See http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homosexual-unions_en.html
I am not opposed to freedom of movement for same sex couples. However the State has the right to deny formal recognition to these couples, as this would discriminate aganist Maltese citizens who do not have similar recognition. Every State should have the regulate its own social policy in line with its values.
CFarrugia
Apr 10th 2011, 14:03
well done Commission!! please go on with your procedures!!! we need to become a fully European country and all forms of discrimination should be diminished at least, if not disappear . a lot of discrimination however, irrespective of which European country we are speaking about, is not in the legislation per se but in the heads of the people and in the mentality. and it is this which needs to be changed!!!!
P Bonnici
Apr 10th 2011, 14:02
M Dalli, You state that Malta's moral values are superior to those of other EU countries, Malta's Holier- than-Thou attitude is becoming ridiculous. What was the point of Malta joining the EU in the first place, if Malta wants to pick and chose the rules.
Malta should not isolate itself from Europe on moral grounds.
I have a Maltese friend who is in a registered civil partnership with a non EU citizen in the UK and he cannot move to Malta to live with him. He can take his partner almost anywhere in Europe but not to his native country. This is nothing but blatant discrimination and hypocrisy in the name of morality!
So Malta should re-criminalise homosexuality now to be even more moral!
Charles Bayliss
Apr 10th 2011, 13:47
Two weights two measures. This fits well with the Maltese Islands. The majority of people, including me, voted YES FOR EUROPE. Whether we like it or not, now we have to accept the good and the bad in it. What else do people expect? Europe means equality for everybody. Government is making an issue of burden sharing for migrants because the EU allows this, why don't he oblige with this issue also ????
CEllul
Apr 10th 2011, 13:39
I wonder why the bishop of Gozo hasn't highlighted this sort of discrimination too.
Charles Bayliss
Apr 10th 2011, 12:56
@ M Dalli
HYPOCRISY AT IT'S BEST.
What morality are you talking about? Is making children out of wedlock morally correct? Is hate of minorities morally correct? You are certainly 100% IMMORAL
Bruno Zahra
Apr 10th 2011, 16:54
Totally agree with you Mr Bayliss.
I cannot conceive this lack of intollerence by our 'Christian' country !!! (Are we really a Christian country as binded by the Maltese Constitution....which brings up another dilemma about whether our country's Constitution should include reference to Religion).
M Dalli
Apr 10th 2011, 11:40
The Commission cannot interfere in what we want, in our moral values, . Those are our moral values and you don't interfere with them.
S. Vella
Apr 10th 2011, 13:16
Speak for yourself - these are not my moral values. Let us hope the Commission will stomp hard on discrimination in Malta.
Mark Grech
Apr 10th 2011, 13:41
There is also the concept of 'universal human rights' and the principle of anti-discrimination, which the Maltese government should have the decency to uphold. Please GonziPN - not in my name, or the name of thousands of decent Maltese citizens, who can see the inherent unfairness of discriminating against same-sex Maltese couples as regards the basic concept of freedom if movement.
R.Mamo
Apr 10th 2011, 13:50
mmm... 'Our'?
If it's not of YOUR moral value.. then you are more then free not to get yourself into a same-sex relationship.. For the rest, from your comment, it's people that think that they know the best for all the Maltese that interfere with the life of the rest..
Patrik Larsson
Apr 10th 2011, 14:05
Who are "we"? Can you speak for all Maltese?
Nick Borg
Apr 10th 2011, 15:32
You probably even call yourself Catholic - even though you haven't got the first idea what I mean by that.
How can you interfere with moral values that change according to the state of mind you wake up in?
The reason the EU legislation is there is to ensure that comments like yours become less frequent and finally die out. In case you hadn't realised, we live in the 21st century and not the dark ages any more... - oh what? you hadn't realised??
D. Mifsud
Apr 10th 2011, 15:37
with what WE want or with what YOU want? have the decency of speaking for yourself not for all of us ...
M Vella
Apr 10th 2011, 16:50
Sorry to bust your bubble it's a DIRECTIVE. Anyone remember a guy called Edward Fenech Adami signing the EU Treaty?
IVA GHALINA U GĦAL ULIEDNA BLA DISKRIMINAZZJONI.
Alex Ciantar
Apr 10th 2011, 11:29
is there anything that Malts does not discriminate at?
Ramon Casha
Apr 10th 2011, 11:07
So GonziPN is formally declaring that discrimination is an official part of Malta's policy now?
edwin formosa
Apr 10th 2011, 13:44
Discrimination!! Homosexual unions are totally lacking in the biological and anthropological elements of marriage and family which should be the basis, on the level of reason, for granting them legal recognition.
But proponents of this offense to sanity would have us believe that marriage is only what the whims of society happen to hold today; it has no essential character. And anyone who says otherwise is being unjust, hateful,discriminating........... and thus must be silenced.
Saviour Sam Agius
Apr 10th 2011, 15:39
So it seems, and I guess he expects us to feel proud.
S. Saliba
Apr 11th 2011, 21:28
@ Formosa & Cassar. Marriage is not for procreation. If so, hetero couples which can't reproduce shouldnt be left to marry! There are so many straight married couples who can't or don't want to have children yet still (by all means) have right to marry.
Also, homosexuality is not against nature. There are more than 1000 animals which are known to do homosexual acts. Please search more on "homosexuality and nature" subject before you speak fake facts. Also tell me an animal which marries? There are only very few species which pick a life partner. So marriage is also unnatural, even clothes, cars, rights, stone houses, decor. Imagine your life without that.
Also, in other countries, gay couples can adopt children, or even make their own children by in vitro fertilization.
Charles Bayliss
Apr 10th 2011, 10:53
Dear Prime Minister
Do you know that HOMOPHOBIA = HATE. I thought that your religion condemns hate, thus hate is a crime. How dare your government use the PUBLIC POLICY excuse to practise your hate towards same-sex persons like me in a relationship. Your actions have been the cause of friends of my to leave their country against there wish because you do not want to grant us equal rights as EU CITIZENS. I have always voted for your party but enough is enough. YOU WILL NEVER GET ANOTHER VOTE FROM ME OR MY PARTNER.
I Caruana
Apr 10th 2011, 13:34
Charles Bayliss EU citizenship does not exist. It is only a figment of the imagination perpetrated by the EU because citizenship can only be granted by a COUNTRY which the EU is NOT. SO yes Bayliss, EU citizenship is only a figment of the imagination.
edwin formosa
Apr 10th 2011, 14:21
Dear Charles Bayliss,
Do you know that since 2008 the UN Human Rights Council has not been able to introduce “sexual orientation” and “gender identity” as classes protected from discrimination in international law ?
Do you know that the diagnostic change that in 1973 removed homosexuality as a formal disorder from the Manual of Mental Disorders was based wholly on fiction? No Evelyn Hooker in the world can demonstrate that homosexuality is normal.
"How the Mental Health Associations Misrepresent Science "
(Jeffrey B. Satinover ) demolishes the "scientific record" that the American Psychiatric Association [APA] depended on in its decision that homosexuality should no longer be described as a mental disorder, and should therefore be deleted from its Diagnostic and Statistical Manual of Mental Disorders [DSM]
Yes nature can be cruel and brings into being a deviation from the usual which are anomalies. But it is sheer confusion identifying an anomalous state with a normal one. Medicine can sometimes correct anomalous states and reduce them to natural ones. But it is an illusion when this is not possible and call it natural and normal.
Charlie Borg
Apr 10th 2011, 10:14
This is good news, indeed. Let the European Commission take the worst possible of legal actions against the 'country' - it's the only way with which some people learn, it seems. Good, good!
Daniel Laus
Apr 10th 2011, 10:08
It feels like we are having lots of orders from the big government lately in Brussels making the Maltese government inefficient as in to the status of a local council.
Nick Borg
Apr 10th 2011, 15:35
That is because it is effectively a local council.. in mentality as well as in size effectively...
Don't like it? Get involved...
C Gatt
Apr 10th 2011, 09:56
Yet another example of the moral bankruptcy of this government. Perhaps the Malta Gay Rights Movement should 'out' all the gay people within the Nationalist Party ( not that they need 'outing') as we all know hwo they are) for being so hypocritical and simply toeing the line.
M. Camilleri
Apr 10th 2011, 09:36
I am not sure where from and on what basis the Government decided that it is Malta's "public policy" to discriminate same-sex relationships. I would re-phrase and say "it is PN's conservative hard-line" that in Malta we don't divorce, we don't blaspheme and we certainly do not drink alcohol.
Do not speak for the country, in order to justify the unjustifiable.
Charlie Borg
Apr 10th 2011, 10:15
Exactly.
Karl Consiglio
Apr 10th 2011, 09:32
We don't even have divorce yet, let alone recognizing the rights of same sex couples
edwin formosa
Apr 10th 2011, 14:32
rights !!! very cheap nowadays. only rights.....neither wrongs nor responsabilities