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Commission tells Malta to amend electoral rules disenfranchising voters abroad
Under Maltese law, citizens lose their vote if they don’t spend six months over a period of 18 months physically in Malta
30 January 2014, 12:00am
Matthew Vella
Matthew Vella
2 min read
Malta’s disenfranchisement of voters was an instrument invoked by political parties prior to general elections, to file court writs demanding that a voter living abroad loses their right to vote.
DATA How EU member states differ [click here or scroll down]
The European Commission has issued guidance to member states, Malta included, whose laws are disenfranchising voters living abroad.
Under Maltese law, citizens are disenfranchised if they have not resided in Malta for at least six months in the 18 months immediately preceding national elections.
A Commission spokesperson for Viviane Reding, the EU's Commissioner for justice and citizenship, said the EC's pronouncement was not related to a deal reached with the government on its citizenship sale programme, the IIP, which has laid down a one-year residency requirement for new citizens.
The Commission has told Malta to enable nationals who make use of their right to free movement in the EU to retain their right to vote in national elections if they demonstrate a continuing interest in the political life of their country, including by applying to remain on the electoral roll.
Malta's disenfranchisement of voters was an instrument invoked by political parties prior to general elections, to file court writs demanding that a voter living abroad loses their right to vote.
In 2003, the Labour Party filed a court writ to deny Arnold Cassola, then the secretary-general of the European Federation of Green Parties and based in Brussels, his right to vote in the 2004 elections and EU accession referendum.
The subsequent constitutional case upheld Cassola's right to vote in the elections, as well as to run as a candidate for Alternattiva Demokratika.
While EU member states are competent to determine who can benefit from the right to vote in national elections, disenfranchisement practices negatively affect EU free movement rights.
"The right to vote is one of the fundamental political rights of citizenship. It is part of the very fabric of democracy. Depriving citizens of their right to vote once they move to another EU country is effectively tantamount to punishing citizens for having exercised their right to free movement. Such practices risk making them second-class citizens," Vice-President Viviane Reding said.
"We are calling on member states to show greater flexibility and are issuing proportionate guidance to the five countries concerned so that citizens can get back on the electoral roll of their home country. I hope Member States will be ready to address these very concrete concerns, because disenfranchisement is a big deal for the individuals concerned."
Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...
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Colinzl the campaign pledge is for eligible voters. To be eligible to vote you need to be present in Malta for a number of days per year. The actual voting abroad is a totally different thing so don't mix them. Every election thousands of people come down to vote from all over the world. I would say a good 90% should not be allowed to vote according to our laws. In the last 25 years the PN managed to keep their [people on the voting list despite the fact that they were breaking the law. But obviously the PN can.
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Viviane Reding is the EU's Commissioner for Justice and Citizenship. She doesn't represent a country, she represents the EU. Malta is in the EU. She deals with all EU countries' justice and citizenship issues in the general interest of the Union. It's not us versus them - we ARE them - we are EU members.
There are many Maltese citizens who regularly miss out on voting in Maltese elections because they work overseas. They cannot spend half a year in one country and half in Malta. They also cannot drop everything to travel to Malta just to vote. Effectively this leaves citizens without a vote. There are many logistical factors at an individual level preventing citizens from travelling. I hope you have the imagination to come up with scenarios yourselves. Other countries have systems in place which allow their overseas citizens to vote in the country they are in. In the election campaign, the PL made a pledge: Proposta 23 tal-Kapitlu 20: "Naġġornaw il-liġi elettorali biex il-Maltin li jgħixu barra u li huma eliġibbli għall-vot ikunu jistgħu jivvutaw f'dawk il-pajjiżi mingħajr ma jiġu Malta biex jagħmlu dan." The pro IIP movement should be in favour of this move as it means that all the new "citizens" would be able to vote in Maltese elections without living in Malta - a nice PL vote boost if ever there was one.
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Wara 10 snin fl-EU, issa stenbhet din?
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Imma skuzi jekk fil-2004 konna ghadna ma dhalnix fl-Unjoni Ewropeja kif stajna nawwlikaw il-ligijiet tal-EU?
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STOP INTERFERING IN OUR INTERNAL AFFAIRS REDING. WHAT WE DO ON VOTING RIGHTS IS NONE OF YOUR BUSINESS.
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We will soon have to ask/ get permission from Reding whether we can use the LOOOOOOOOOOOOOOOOOOOOOOO.
Where is Our Independence, Republic and Freedom Day. Because of Edward and Lawrence we have lost everything for Cain's European Union. Let die of hunger but not die under the Dictators. Lets get back our Freedom, our Sovereignty and our right to Govern our Country the way we want and not what Reding wants. She can impose on her country and not on our Country.
