Can European Commission take Malta to court over citizenship scheme?

MEPs’ resolution on citizenship could have lasting effect in court action

19 January 2014, 12:00am
by Matthew Vella

3 min read

Viviane Reding - taking citizenship scheme seriously

European Commissioner Viviane Reding, who issued a scathing judgement of Malta's citizenship sale earlier on Wednesday in the European Parliament, has called on legal experts to examine the possibility of opening infringement procedures against Malta based on Article 4.3 of the Treaty of the European Union.

Article 4.3 calls on member states to "refrain from any measure which could jeopardise the attainment of the Union's objectives".

A European political expert, who declined to be identified, said Article 4.3 was a very comprehensive article. "In my judgement, I think that the Commission is not bluffing and it has sufficient legal grounds for proceeding. It is increasing the tempo and taking its time to start infringement procedures to allow Malta to adjust its law."

While the European Parliament last week singled out Malta in condemning the IIP, the Commission appears to be backing an effort to curtail all other efforts by member states who have set up similar citizenship schemes.

In infringement procedures, the Commission usually issues a warning to a member state which is then obliged to reply or comply with a request to amend its law and bring it in line with EU norms. The Commission sends a reasoned opinion in a second stage, before taking the matter to the European Court of Justice if the member state refused to comply.

The same political expert even said that critics of the European Parliament's resolution should not make light of the fact that the statement is non-binding. "If the case ends up the ECJ, that resolution and the robustness of the vote in its favour will become a reference point for the Court."

On his part, Prime Minister Joseph Muscat is showing no signs of ceding to pressure from either the Nationalist Party or the European Parliament's resolution, calling on the government to amend the citizenship scheme.

Muscat is comforted by statements from the European Council, which this week reminded MEPs that citizenship is a matter of national competence that is up to Malta to regulate.

On the other hand, while the European Commission says it does not want the power to regulate citizenship laws, vice-president Viviane Reding delivered a harsh statement last week, saying citizenship was not up for sale.

Muscat's Labour MEPs were among just 22 who voted against the EP's non-binding resolution, joined by a motley collection of far-right politicians after being deserted by their own socialist colleagues.

Yesterday, the prime minister told Radju Malta listeners that he was seeking €1 billion in revenues from the IIP, of which 70% will be ring-fenced in posterity fund.

He has accused the PN of having "panicked" at the fact that the IIP was a good investment for Malta, and accused the Opposition of tarnishing the country's name overseas, by taking political infighting into the European arena.

The Green Party, Alternattiva Demokratika, yesterday joined calls for the immediate suspension of the IIP in favour of negotiations on alternatives with the European Commission.

"Muscat must stop being obstinate, and listen to the voice of reason. His irresponsible antics have given Malta a terrible international reputation, with the result that it has been condemned by the European Parliament just as in the past Hungary, Italy and France were condemned because of the irresponsible actions of their respective leaders Orban, Berlusconi and Sarkozy," AD chairperson Arnold Cassola said.

Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...

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Vivi, should stick to EU matters as that is here competence. Citizenship rules do not fit in that mould. Now I would ask dear Vivi, "Why did you (or your local office) not mention any particular infringements, quoting chapter and verse (always being very specific please) months back, when you were alerted to the IIP by local traitors?" No wonder the British have kept their Pound and are as averse to the EU as to rats.

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Dear DoubleRead Eddie Fenech Adami negotiated the outright sale of our country and us to the €USSR and prostituted Malta and us to all the €USSR member countries.

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If we believe we are in the right, we should go ahead, it is up to others to see if we can be stopped, but there are other schemes and they were not cancelled, why now and why was small Malta singled out? An attack on our right to rule will only harm the EU, and stamp it as being the bully.

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Is this a picture of the Moon Lady ?

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It-tattika li jhammgu lill Malta il-Partit hekk imsejjah Nazzjonalista bdiet wara it-tnehhija ta Gorg Borg Oliver. Jekk kont tista tghid kollox fuq G.B.O. haga wahda qatt ma tista tgid, dik li qatt ghamel hsara intenzjonata lill pajjizu. Tnehha hu u ha postu haddiehor. X’rajna minn dak iz-zmien il – quddiem? Minn ghandu zmien bhali jiftakar. Il- Malta file, dossier mimli b’insinwazzjonijiet moqzieza kontra l-gvern Laburista ta dak iz-zmien, li hu anti demokratiku, kommunista, Irid ibieh lill Malta daqqa lill Gaddafi ohra lic-Cinizi specjalment meta dawn bdew jghinuna biex nibnu il-bacir il-gdid. Kemm botti kontra ic-Cinizi li kienu hawn Malta, kollha wicc wiehed,johorgu dejjem flimkien insomma dak kollhu li setghu joholmu u jivvintaw fukhom kollu harguh, haga wahda qatt ma setghu jghidu fuqhom, dik li jaqilghu it-trouble.Irid igib id-dittatura f’Malta u gideb oxxen iehor. Jigru f-pajjizi barranin specjalment fl-Ewropa u jghidulhom biex ma jinvestux f’Malta. Kif Malta kellha tilwima ma Ghaddafi fuq il-linja medjama u it-thaffir taz-zejt u kif suppost isir f’kull f’pajjiz demokratiku il-Prim Ministru informa b’dan lill kap ta l-oppozizzjoni, dan suppost li nzamm kollhu sigriet. X’gara fil-Parlament Louis Galea jaghmel interpellanza fuq dan il-kaz, ftit wara il-kap ta l-oppozizzjoni fejn kien wiehed milli jajjar lill Gaddafi u lill Libjani, mar jiltaqa mieghu. Ghalfejn mar qatt ma qal imma zgur li ma marx biex jaghmila ta medjatur, nahseb li wiehed jiftakar il-frazi ‘VAVU TAL-HARQA’ minn hawn imbdiet. Il-Partit Nazzjonalista infiltra u beda jimmina l-istituzjonijiet governattivi kollha. Niftaktru wara ir-rebha tal-Partit Nazzjonalista kif intlaqa Gwido Demarco meta mar izur il-kwarieri tal-SAG b’musketterija u ghajat ta Gwido Gwido. Niftakru wkoll il-gass tad-dmuh li intefgha ghal xejn b’xejn fuq nies inkluzi nisa u tfal li kienu qedin isegwu it-tigrijiet tad-dghajjes mix-xatt tal-Birgu. Demokrazzija ghala tipo Faxxista. Rega telgha Gvern Laburista b’maggoranza li qatt ma rajna bhala. X’kienet ir-reazzjoni tal-Partit glorjuz tar ‘Religio e Patria’ Eergajna koppi, mill-ewwel bdejna naraw lin- Nazzjonalisti jghamlu minn kollox biex jaraw kif se jimminaw li sforzi tal-gvern biex jerga jgib lill Malta fuq saqajja.Fil-Kwistjoni ta l-immigranti rajna lill bravu Casa jigri gewwa Brussels biex jugza lill-Prim-Ministru Malti. Il.gvern hareg bl’idea tal IIP u hargu qatta bla habel kontriha bl-iskuza tal bieh tal-passaporti.. Haga li wiehed irid jinnota hi li l-klikika tad-dlam li bdiet tiddomina lill Partit Nazzjonalista wara li tnehha Borg Olivier ghada hemm bis-setghat li akkwistat dak iz-zmien intatti.

Abdi D •

So the EC will take Malta to court because of Article 4.3 which "calls on member states to "refrain from any measure which could jeopardise the attainment of the Union's objectives"." While it never took Greece which had to be financially helped even by Malta. Didn't Greece jeopardise the attainment of the Union's objectives when it ran into so much depth that it was going to be bankrupt? The only difference is that Greek MEPs did not bring a vote against their own country before the Eu Parliament. Niether did other MEPs from countries who have a scheme which is very similar to ours, these MEPs acted in the interest of their country and voted against us, to stop any competition to their scheme from Malta.

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I URGE ALL THOSE WHO HAVE NOT READ RAPHAEL VASSALLO'S ARTICLE IN TODAY'S MALTA TODAY, NOT TO MISS READING IT. RAPHAEL REVEALS THE STARK HYPOCRISY OF THOSE WHO ATTACKED MALTA IN THE EUROPEAN PARLIAMENT. AND PARTICULARL COMMISSIONER VIVIANE REDING ! PROSIT RAPHAEL VASSALLO !!!!

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So AD, just like the PN, want Malta's sovereign right to decide on MALTESE CITIZENSHIP, be subjected to the Commission's conditions ! What "sovereignty" will be left if our government accepts such a preposterous idea ?

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And just who gives this Luxembourg nobody the authority to try to dictate what is right or wrong for another country. We have our own elected government and they, and they alone, should decide what is best for the country as long as they do not infringe on any EU laws.

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Commissioner Reding quotes Article 4.3 calls on member states to "refrain from any measure which could jeopardise the attainment of the Union's objectives". But could one not ask why she never quoted this same clause against those member states who have always refused the burden sharing of illegal immigration? Does not this also jeopardise the same attainment?

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Dear Kukkanja - Dr Fenech Adami also negotiated so that Maltese living abroad, like Australia, and had to renounce being Maltese could become Maltese again. Your current Prime Minister is prostituting your Maltese citizenship for money.... and so in his words 'Wake up and smell the coffee' mate !! When is his next trip to Europe to negotiate on burden sharing on refugees. Respect goes both ways - my friend !!

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EU Commission = 2 weights 2 measures. Countries are sovereign so Ms. Reading please hide in your hole and stay there. The English, Greeks and the Dutch hate the EU. No wonder.

Joseph MELI •

FAO OLGA So it would appear that you are suggesting that Commissioner Reding is contradicting herself?However, she never initmated that the UK were acting illegally with its governments 'views' only on immigration nor did she claim that international laws or EU treaty terms were being violated by the UK did she ,as she is with Malta -which a subtle yet distinct difference!Why is everyone making unlike -for -like comparisons with other EU countries take on their various IIP schemes-such as the UK and Ireland to name but two-which they claim are similar when they are clearly not. Malta will be compelled to further amend and modify the crurent version of this IIP before it is accepted and approved by our EU masters (and mistresses) .How nice it is to be in charge of our own destiny but, in mitigation ,if we were not a member of the EU how many would do you consider apply for his IIP scheme ?

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jista ma jisthix Simon Busuttil? http://www.youtube.com/watch?v=hPBNn60rfqk

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This is what Viviane Reding had to say regarding Britian's Prime Minister concerns on Immigration. 'The free movement and supposed invasion by the people who want to take advantage of the social security and health is an invention of politicians who like to have populist movements in order to win in elections,’ I’m mostly frustrated about the political leaders (in Britain). What is leadership if you just try with political movements and political speeches to gain votes? You are destroying the future of your people, actually. ‘What the people who come to work bring to the taxation and social security is much more than they take out' So immagine what people who fork out millions to get the citinzenship would bring to Malta's economy.

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Does this viviane thinks that on the protests of a massively defeated Maltese Opposition Party she can sanction Malta and ignore a massively elected Government? Why all the fuss ? As one can see above ,Hungary ,Italy ,France all had been sanctioned,but are still the same Hungary ,Italy ,and France. SO LETS MOVE FORWARD JOSEPH

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If the EU experts are so confident in what they are stating, then they should suspend all the other IIP schemes legislated by other EU member states. Similarly, they should implement controls on travellers who obtained citizenship from a non-EU state, if this is such a point of principle. If these people beleive so much in this point of principle, they should have prevented other EU member states from legislating such schemes long time ago, and implemented legal measures to block such schemes in the future. Why didn't the EU attack the Austrian and the Cyprus IIP schemes in the same way? Have these schemes in particular been justified in some way or another?

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If the EU starts infringement procedures against Malta it must start infringement procedures against Austria and Cyprus because they have similar schemes (See http://www.austria-citizenship.com/ & http://www.investcyprus.org.cy/citizenship-by-investing/), otherwise Malta can take the EU to court because it is being treated differently from other fellow EU countries. I would like to ask where this lady was when when Malta was being overwhelmed with illegal imigrants. Good to note that this lady comes from a country where the population density is 1/6 that of Malta and where its citizens have a purchasing power 4 times that of our citizens (See http://www.indexmundi.com/g/r.aspx), and this country never lifted a finger to help Malta in the spirit of EU solidarity. So this lady is either seeking an economic advantage for her country or she has been provoked into meddling into Maltese politics because some of our dear fellow countrymen incited her into it. The PN should feel ashamed using these tactics and I am sure they will have their response the next MEP elections. They think they can win an argument by inciting other countries against Malta but in this way they can only loose. Nobody likes to be associated with traitors.

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But we were told over and over again by Dr E. Fenech Adami during the EU Referendum campaign that the Maltese Parliament would continue to be sovereign over the European Parliament:was this an other blatant lie?

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I have an option instead of the Discriminatory EU club, where the BIG BROTHERS envy and bully the small brother, we should OPT OUT and I am sure the Russians will allow us to join the Russian Union. I am sure we will do much better than we did with these Intellectuals and Holy people of the European Union. Mintoff was very right when he used to mention the Europe of Cain and Abel.

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Can this political expert tell us where in the T€U or other €USSR treaties the granting of citizenship is mentioned? NOWHERE. If the Commission were to take Malta to the €CJ they would first be discriminating against Malta because other member countries have similar schemes and the Commission never uttered a single word against them. Secondly, if the €CJ decides in favour of the Commission it would be confirming what everyone has been saying all along that the €USSR has been taking more powers from the member countries not given to it through creeping jurisdiction. Now let's see if this goes on what will the HYPOCRTES MEPs whose own countries have similar schemes will say and vote for and what will the Ministers in the Council of Ministers say when they meet and see what is stricttly NATIONAL COMPETENCE being taken away from their country.

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If if it cannot, the dictators will create the ways and means.

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Before any PN lackeys start commenting...here is a link which give a different picture of why Malta was singled out...http://www.austria-citizenship.com The reason is quite obvious...since PN governments have always been passive in the EU, they have taken us for granted that we will be pressured to remove the scheme. They never singled out any other country which has a similar scheme such as Ireland and Austria...so they 'try' to use the less vociferous country in the EU as an example...is it now that citizenship sale has become a problem because Malta tried to introduce it? I wonder why if the PN is happy to be a lackey of the the kingdom of the Brussel sprouts!! I am sure they are...

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ONE BIG QUESTION ~ Why was Malta isolated when other states have similar schemes .... and even more seem to be showing interest? Killing the competition? ~~~~~~~~ As for the P.N. , it's certainly not for the "Principle" of the thing, if it was, they would have spoken sooner...... ON OTHER STATES to the detriment of Malta! But the P.N. are known to always go PartisaN ...THE PARTY first and foremost AT ALL COSTS, even Malta's reputation!

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Malta without conceding any principle about her sovereignty must be proactive in the aftermath of the EU parliament debate. It should be proactive and throw the ball back to the commission for clear guidance. In particular it should ask for general guidelines applicable to all EU member states for granting and revoking citizenship. There is a lot to be gained if there is an element of convergence among member states but it should be made clear that it is unacceptable that Malta be singled out.