Issue link: https://maltatoday.uberflip.com/i/1491702
NEWS 16 maltatoday | SUNDAY • 5 FEBRUARY 2023 MATTHEW VELLA MALTA must bring its nation- al legislation in line with the European Union's long-term Residency Directive, in an in- fringement case the Commis- sion opened against the coun- try. Under current Maltese legis- lation, knowledge of Maltese language is mandatory for ac- quiring the long-term residen- cy while for acquiring nation- ality, knowledge of English is sufficient. The matter was raised by the Commission in 2020 with a letter of formal notice to Malta to address the issue. B r u s - sels considers that the language requirements for acquiring long-term resi- dence status in Malta are dis- proportionate compared to the requirements for acquiring Maltese nationality The matter was followed up with an additional letter of for- mal notice in 2021, but Malta did not address the Commis- sion's concerns, which has now issued a reasoned opinion. Malta now has two months to respond and take the necessary measures, otherwise the Com- mission may decide to refer the case to the Court of Justice of the European Union. Under the Residency Direc- tive, member states grant long- term resident status to non-EU nationals legally and continu- ously residing within its terri- tory for five years immediately prior to their application. Under Maltese legislation, ap- plicants for long-term residen- cy must prove a certain knowl- edge of the Maltese language, while applicants for Maltese citizenship by naturalisation have the choice between pro- viding evidence of their Mal- tese or English language skills. The Commission has argued that this additional language requirement for long-term res- idents does not comply with the principle of proportionali- ty. Although not cited by the Commission, Malta also sells Maltese citizenship-by-invest- ment, which has no provision that imposes knowledge of the Maltese language on the part of paying applicants. In this case, the general provisions of the Maltese Citizenship Act apply, which means buyers of Malta's 'golden passports' must have adequate knowledge either of the Maltese or the English lan- guage as the two official lan- guages of Malta. Malta risks EU Court over language discrimination