Complainants opposed to the controversial residential parking schemes, which are making it increasingly difficult for non-residents to find parking spaces, have no redress under EU regulations.
Nationalist MEP Simon Busuttil told The Sunday Times yesterday that although EU law includes a principle of non-discrimination, this mainly applied to discrepancies between nationalities.
On Thursday, government defended residents' parking schemes that have sprouted in a number of localities around Malta, saying that these were legal as long as they were approved by the Transport Authority (ADT).
Since many drivers end up paying fines for parking their cars in residents' spaces, they have questioned whether such schemes are discriminatory since they differentiate between residents of different localities.
The Transport Ministry also insisted that the schemes are not discriminatory under EU law.
"Residents of busy urban centres all over Europe benefit from these schemes, which are necessary for people to enjoy their own property," a ministry spokesman said.
He said that Malta's car ownership rate was such that there was tough competition for parking spaces. "Residential parking schemes do not solve this fundamental problem. They ease it. The solutions are in changes to people's behaviour with less car dependence, more car sharing and more use of public transport," he explained.
Asked whether residential parking discriminated against residents who lived in areas where such schemes did not exist, the ministry spokesman said different localities had different needs.
"Nobody can be more sensitive to these different needs than local councils who live them every day. The ADT's role is to ensure fairness and to regulate the policies to govern these schemes so that they do not only take the residents' point of view, but also consider the wider picture. That is why there can be no single national law for identical schemes everywhere and anywhere," he pointed out.
This view was echoed by Michael Cohen, president of the Local Councils' Association. Mr Cohen said he would not dream of introducing such a scheme in Kalkara, where he is the mayor, because this was simply not needed, while neighbouring Vittoriosa needed residential parking because locals were finding it difficult to find parking spaces.
Valletta mayor Alexei Dingli believes it is important to respect both the needs of residents and visitors, adding that the council regularly receives complaints from residents who do not find a parking place despite the scheme being in operation.
The capital has around 450 reserved parking spots, around 40 of which are reserved throughout the day. But according to the mayor, not even Valletta's 3,000-odd parking spots are enough for locals' needs. He explained that there are some 3,000 families living in the capital city, some owning more than one car, and there are very few garages.
"We have to strike a balance between respecting residents' needs and those who visit Valletta," he said.
Residents' parking schemes are also present in Victoria, Fontana, Mellieħa, Pietà, Ħamrun, San Ġwann, St Paul's Bay, Floriana, Mosta, Sliema, Iklin, Swieqi, Msida, St Julian's, Naxxar, Sta Venera, Balzan, Vittoriosa and Ta' Xbiex.