EN Official Journal of the European Union CE 88/682

(2004/C 88 E/0701)

WRITTEN QUESTION E-0118/04

by Monica Frassoni (Verts/ALE) and Daniel Cohn-Bendit (Verts/ALE) to the Commission

(26 January 2004)

Subject: Elimination of voters from Maltese electoral lists

Until last year, the two major political parties in Malta used to go on a voter elimination exercise twice a year, when thousands of rival party voters would be eliminated from the electoral register on the basis of interpretation of residence, mental sanity, etc.

On 21 March 2003, the Constitutional Court of Malta, at the request of an injured party, gave a definition of ‘residence’ (the Cassola Case, Judge Tonio Mallia, Case: Harry Vassallo vs the Electoral Commission and John Mary Magro, No. 6/2003/1). The definition given by the Malta Constitutional court says: ‘the word'residence'does not mean physical presence in the country’.

Moreover, the new law for European elections in Malta, (Act No. XVI of 2003, published in the Malta Government Gazette of 26 November 2003), explicitly states that all Maltese citizens living in the 25 EU countries have a right to vote and stand for elections in Malta.

Is the Commission aware of the fact that, despite the constitutional definition and the existing legislation on European elections, the Malta Labour Party has again applied to have 1684 Maltese citizens struck off the electoral register? These court cases will start being heard by the Maltese courts in the last week of January, and Maltese employees with the EU institutions are amongst those being targeted.

What does the Commission intend to do against the illegal attempt of MLP to prevent Maltese citizens taking part in the upcoming European Elections in Malta?

Answer given by Mr Verheugen on behalf of the Commission

(26 February 2004)

Malta's constitution recognises all fundamental human and civil rights. The right of Maltese citizens to vote at general elections is subject to citizenship, age and residence requirements. The Commission is aware that, following a recent complaint by a Maltese citizen whose right of vote was challenged by a Party, the Constitutional Court of Malta ruled that the word ‘residence’ does not mean physical presence in the country but includes and allows periodic absences from the country.

Therefore, any challenge by a political party of a citizen's voting right must be handled by a competent Maltese Court, taking into account the interpretations of the Constitutional Court of Malta. It is not for the Commission to interfere in the functioning of the Maltese justice or to comment on the attitude of a specific political party in that regard. Indeed the Commission is of the opinion that the Maltese judicial system can ensure that the voting rights of citizens, as specified in the Maltese legislation, are fully respected. The Commission notes that in the past, Maltese courts have reversed illegal attempts to deny Maltese citizens their voting rights.

The Commission also notes that the newly adopted law for European elections in Malta stipulates that all Maltese citizens living in the 25 Member States have a right to vote and stand for elections of Members of the European Parliament in Malta. This was possible because the Maltese constitution covers the general elections but not the European elections. The Commission notes with interest this development, which seems coherent with Malta's greater international involvement.