(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.


Comments
"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?
It was unfair to remove them, but now who is going to make sure these person really have a right to vote?
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.
In this regard, see:
http://www.timesofmalta.com/mepelections/view/20090427/news/960-eu-nationals-struck-off-malta-electoral-register
Oisin Jones-Dillon