MEP candidate raises concern over minister’s discretion on IIP applicants
Article 6 of legal notice on citizenship sale grants minister discretion to include applicants facing criminal charges, for Maltese citizenship
Nationalist candidate for the European Parliament Stefano Mallia has called into question a power granted to the home affairs minister, to allow applicants for the Individual Investor Programme who are subject of a criminal investigation, to be still considered eligible for Maltese citizenship.
Q&A - How will Malta's 'new' citizenship sale work under the new rules?
Article 6 of the legal notice enacting the IIP says applicants for Maltese citizenship who have a criminal record, re subject to a criminal investigation or are a potential security threat to Malta shall not be approved for citizenship under the programme.
However the same article contains the proviso that should Identity Malta be satisfied that the applicant "is still worthy of being considered for approval to be demonstrated by the applicant" it may issue a reasoned opinion for the applicant to be considered for approval and shall refer such application to the minister, who will have the sole authority to grant such approval.
Stefano Mallia expressed his concern at the inclusion of this proviso in the legal notice. "Why has this article been included at all? Is it correct that the minister should be given the sole authority to decide on such a sensitive matter?"
"I was stunned when I saw Article 6. In other articles of the same legal notice there are provisions that prohibit people with a criminal record or are under criminal investigation from applying. This is 100% correct, however Article 6 seems to give the minister full and sole powers to ignore all this and still approve the application of somebody with a criminal or dubious background. To me this also puts in doubt the whole due diligence process which we have been assured will be of the highest quality. Some kind of explanation is required."
MaltaToday had previously reported that under the original IIP rules, suitable candidates for the could be "subject to politically motivated charges or convictions" if the minister deemed they were eligible for the programme. This proviso has now been removed.















