WRITTEN QUESTION E-0118/04 by Monica Frassoni (Verts/ALE) and Daniel Cohn-Bendit (Verts/ALE)to the Commission. Elimination of voters from Maltese electoral lists.
Date: 2004-01-26
Institutions: European Parliament, Provisional data
Subjects: European election, Malta, electoral register, right to vote

C 88 E/682

Official Journal of the European Union

EN

8.4.2004

The owners of Blue Dragon 2000 have experienced extreme difficulties and damages in the last five
4.
years, which they described as extreme prejudice due to important deficiencies of the shared management
process. How would the Commission advise these owners, European citizens that were willing to trust the
European system, to act in order to try to repair the moral and financial damage caused?

Answer given by Mr Fischler on behalf of the Commission

(2 April 2004)

The Leader II Programme that ran from 1994 to 1999 is at present in the closure stage and thus it is not
yet possible to state the exact amounts paid to each Member State.

The initial allocation to Spain was however EUR 1,162 billion, i.e. 30 % of the total budget.

OLAF has stated that its investigation was opened on 1 February 2001 and closed on 12 December 2002.

From opening onwards the Commission and OLAF shared their information on the case despite
suspension of the investigation given that national-level checks were already being made.

Following these the Spanish authorities issued an order for recovery of EUR 46 874,42 from the LAG on
account of irregularities found in management of the Blue Dragon project.

Our information is that in neither France nor Spain has judicial scrutiny led to criminal investigation. The
French authorities considered that on geographical grounds they were not competent to investigate. The
Spanish authorities did not act on the complaint owing to lack of support from the civil parties.

The Committee on Budgetary Control will very soon be receiving detailed information from OLAF on this
dossier.

The other points raised in the Honourable Member’s question, particularly in paragraphs 3 and 4, reflect
grievances raised by Blue Dragon in a complaint addressed to the Commission that we are at present
investigating. We have sent a detailed request for information to the Spanish authorities. A reply is
expected in the near future and we think it more appropriate to examine it before passing on further
information.

(2004/C 88 E/0701)

WRITTEN QUESTION E-0118/04

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

Subject: Elimination of voters from Maltese electoral lists

(26 January 2004)

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’.

8.4.2004

EN

Official Journal of the European Union

C 88 E/683

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.

(2004/C 88 E/0702)

WRITTEN QUESTION E-0120/04

by Adriana Poli Bortone (UEN) to the Commission

(26 January 2004)

Subject: Death of 20 Albanian nationals

In recent days yet another dinghy that had set out from Albania has sunk, causing the death of 20
Albanian nationals.

According to reports in the Italian press there is evidence of collusion between the Albanian authorities
and the traffickers. If this was indeed the case, the episode would call into doubt the good relations which
Italy, in particular, intends to further develop as part of the process of achieving genuine democracy in
Albania.

Can the Commission indicate whether and how it will shed light on this tragic episode which, at best, has
revealed shortcomings in surveillance in Albania and along its shoreline?