WRITTEN QUESTION E-1738/02

by Richard Corbett (PSE) to the Commission

(17 June 2002)

Subject: Malta

Is the Commission aware the police force of Malta can, and sometimes does, refuse entry to Malta to EU citizens without needing to give a reason? Is the Commission aware that such action is sometimes taken against a citizen without there having been any criminal or other charges or previous convictions against the person in question, and that this has even been done against an EU citizen possessing legally owned property (house) in Malta?

Can the Commission confirm that such behaviour will not be in conformity with EU law once Malta joins the European Union?

Have such matters been raised in the accession negotiations with Malta?

Does the Commission agree that, in any case, this is an infringement of Article 1 of Protocol 1 (Protection of Property) of the European Convention on Human Rights which states that Every natural or legal person is entitled to the peaceful enjoyment of his possessions?

Answer given by Mr Verheugen on behalf of the Commission

(25 July 2002)

The Commission wishes to stress that, as Malta is not yet a Member State of the European Union, it is not yet bound by Community legislation.

Nevertheless, once Malta becomes a full Member, it will have to implement the Community legal provisions related to the right to free movement, including rules governing measures taken in order to restrict this right (e.g. refusal of entry).

The right to free movement is a fundamental and personal right, which is conferred to each citizen of the Union by the Treaty establishing the European Community (Article 18). Restrictions to these rights are only allowed on grounds of public policy, public security or public health.

Measures (such as denial of entry or an expulsion order) taken by Member States on those grounds, however, may only be used in compliance with Council Directive 64/221/EC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(1), which provides for certain safeguards and guarantees in order to limit the discretionary power of Member States in this respect. It aims to ensure that the fundamental right to free movement is protected, in accordance with the European Court of Justice case law, which has interpreted its provisions.

Measures taken on grounds of public order or public security have to be based exclusively on the personal conduct of the individual concerned and to be motivated by a present and sufficiently serious threat affecting one of the fundamental interests of society. They have to be applied in accordance with the principle of proportionality.

Within the context of the accession negotiations currently underway between Malta and the Union, the Commission monitors closely the degree to which Malta is adapting its national legislation to comply with Community law. It will continue to do so to ensure that, by the time of accession, Malta fully complies with all aspects of Community legislation related to the Free Movement of Persons enshrined in the Treaty on the European Union, and in accordance with the provisions of Council Directive 64/221/EC.

As far as article 1 of Protocol 1 of the European Convention on Human Rights is concerned, the Commission has no sufficient elements to assess whether a violation exists. The Commission wishes to stress that the right to own property is recognised by Article 17 of the Charter of fundamental rights of the Union.

(1) OJ P 56, 4.4.1964.