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(2004/C 88 E/0327)

WRITTEN QUESTION E-0303/03

by Roger Helmer (PPE-DE) to the Commission

(10 February 2003)

Subject:   Malta's accession to the EU

Would the Commission please comment on reports that 900 mentally-competent senior citizens have been crossed off the electoral register in Malta and will not be allowed to vote in the forthcoming referendum on Malta's accession to the EU?

Would the Commission further comment on reports that the ‘Yes’ National Party have engaged in improper and undemocratic practices to further their campaign and impede the ‘No’ campaign — such as biasing the civil service, restricting the number of mass meetings that the ‘No’ Labour Party can hold and comparing ‘No’ supporters with the Nazis?

Answer given by Mr Verheugen on behalf of the Commission

(13 March 2003)

The Honourable Member raises questions concerning important democratic rights. Article 6(1) of the Treaty on the European Union provides that the Union is founded on principles of democracy and respect for human rights and fundamental freedoms. However, the Union does not have a general competence as regards the fundamental rights, but it can intervene only in the event of violation of the fundamental rights in the field of the application of the Union legislation.

The electoral issues, including criteria for the right to vote in national referenda belong to the powers of the Member States. There is no Union legislation on the subject. In 1993, the Member States agreed about the so called Copenhagen criteria for accession. According to these criteria, membership requires that the Candidate Country has achieved among others ‘stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities’. The questions of the Honourable Member concerning Malta can be considered from this point of view.

The General Elections Act of Malta foresees that any decision to transfer, correct or cancel voters can only be taken by an Electoral Commission, which includes appointees of both political parties. In addition, in the case of a challenge of a citizen's right of vote on the ground on mental infirmity, the Electoral Commission can take a decision to cancel a registration only if the appointed Medical Board has previously decided by unanimous vote that the voter is of unsound mind. this Medical Board is composed of a medical doctor appointed as chairperson and a medical doctor appointed by each of the political parties. This legal procedure guarantees that no abusive cancellation of a citizen from the voters' register takes place.

Therefore, while there have been challenges by both parties of some citizens' right of vote, on the ground of mental infirmity, a cancellation of a registration can only be done following legally established procedures. The Commission is not aware that this has resulted in the cancellation of hundreds of registrations of these citizens. The Commission also noted that the Nationalist Party has withdrawn its challenges of some citizens' right of vote on the ground of mental infirmity, and presented apologies to those who had been unduly challenged.

The Commission believes that the political campaign for the accession referendum in Malta has taken place until now in conformity with basic democratic rules. There has been, to its knowledge, no limitation to the right of the Labour Party and the ‘No side’ to hold meetings. The Commission is not aware of any attempt ‘to bias the civil service’.

The Commission wishes, however, to stress that the issue of accession to the Union is a subject of historical importance for Malta and which rises a lot of passion in a country that applied for membership already in 1990.

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