A 2016 report by the EU’s rights agency (FRA) has noted that the use of the Fundamental Rights Charter is on the increase in Malta.
The report said the Maltese courts referred “many” cases to the EU Court of Justice (CJEU) in 2015, and a very substantial portion of them involved the charter.
“Courts in Malta did not make any references to the charter in their requests for preliminary rulings between 2010 and 2014. In 2015, seven of the 20 requests sent to the CJEU did refer to the charter,” the report said.
The legally binding charter brings together all the fundamental rights protected by the EU.
Malta’s restricted approach to the protection of rights of victims of crime is highlighted as a key concern, also voiced by local organisations
For this report, local NGO Aditus served as the FRA’s Malta research contact point.
Aditus director Neil Falzon said the 2016 report highlights the potential of invoking the charter in Malta. “The report positively notes an increase in use of the EU’s Charter of Fundamental Rights, underlining the potential of using this instrument to promoter stronger human rights protection.
“The report also refers to Malta’s work in improving the situation of persons with disabilities and in combating child poverty.
“On the other hand, Malta’s restricted approach to the protection of rights of victims of crime is highlighted as a key concern, also voiced by local organisations,” Dr Falzon said.
On a broader level, the report shows the extent of the migration problem being faced by Europe.
Over one million people sought refuge in the EU in 2015, a fivefold increase from the year before, the report says.
The director of FRA, Michael O’Flaherty, said that the EU’s fundamental rights resolve had been sorely tested last year, with assaults on many of the freedoms, rights and values on which Europe is founded.
“The EU and its member states must stand firm in defending the rights to which everyone is legally entitled, whether they have lived in the EU for generations or have just arrived on Europe’s shores,” Mr O’Flaherty said.
In 2015, over one million refugees and migrants – compared with about 200,000 in 2014 – arrived in Europe by sea, mainly through Greece and Italy.
According to the International Organisation for Migration (IOM), approximately 3,771 people died last year when crossing the Mediterranean Sea on the unseaworthy and often overcrowded boats provided by smugglers