Issue link: https://maltatoday.uberflip.com/i/244624
9 News maltatoday, SUNDAY, 19 JANUARY 2014 Brussels not bluffing on legal challenge PM defiant on citizenship, Greens tell Muscat to seek Commission advice, Labour general conference theme is 'Identity' fenced in posterity fund. He has accused the PN of having "panicked" at the fact that the IIP was a good investment for Malta, and accused the Opposition of tarnishing the country's name overseas, by taking political infighting into the European arena. The Green Party, Alternattiva Demokratika, yesterday joined calls for the immediate suspension of the IIP in favour of negotiations on alternatives with the European Commission. "Muscat must stop being obstinate, and listen to the voice of reason. His irresponsible antics have given Malta a terrible international reputation, with the result that it has been condemned by the European Parliament just as in the past Hungary, Italy and France were condemned because of the irresponsible actions of their respective leaders Orban, Berlusconi and Sarkozy," AD chairperson Arnold Cassola said. MATTHEW VELLA THE Maltese government is facing a serious threat of infringement procedures by the European Commission, over its decision to grant citizenship to applicants who pay €1.15 million in a donation, property acquisition and investment under the Individual Investment Programme. European Commissioner Viviane Reding, who issued a scathing judgement of the IIP earlier on Wednesday in the European Parliament, has called on legal experts to examine the possibility of opening infringement procedures against Malta based on Article 4.3 of the Treaty of the European Union. Under EU law, Malta is sovereign in determining its own citizenship laws, but Reding has said that under the principle of "sincere co-operation" Malta might have had to consult other member states before opening up Maltese, and consequently EU citizenship, to applicants of the IIP. Article 4.3 calls on member states to "refrain from any measure which could jeopardise the attainment of the Union's objectives". It has long been part of the EU treaties and the article has been referred to by the European Court of Justice in past judgments, with a lot of case law concerning the application of the principle of "sincere cooperation". A European political expert, who declined to be identified, said Article 4.3 was a very comprehensive article. "It refers to all national authorities in the broad sense, that is, executive, legislative and judicial, at supranational and sub-national level such as regions and local councils, and one with very dynamic and unpredictable consequences. In my judgement, I think that the Commission is not bluffing and it has sufficient legal grounds for proceeding. It is increasing the tempo and taking its time to start infringement procedures to allow Malta to adjust its law." While the European Parliament last week singled out Malta in con- Labour general conference on 'Identity' Viviane Reding demning the IIP, the Commission appears to be backing an effort to curtail all other efforts by member states who have set up similar citizenship schemes. In infringement procedures, the Commission usually issues a warning to a member state which is then obliged to reply or comply with a request to amend its law and bring it in line with EU norms. The Commission sends a reasoned opinion in a second stage, before taking the matter to the European Court of Jus- Treaty of the European Union, Article 4 1. In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States. 2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local selfgovernment. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State. 3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives. tice if the member state refused to comply. The same political expert even said that critics of the European Parliament's resolution should not make light of the fact that the statement is non-binding. "Those who say the resolution has no effect because it is not legally binding either know this is not true and are being insincere, or are living in a world of their own. If the case ends up the ECJ, that resolution and the robustness of the vote in its favour will become a reference point for the Court." Citizenship is a national competence for member states, but since EU member states have entered into several agreements amongst themselves to facilitate free movement and because European citizenship gives national citizens certain rights even in the other member states, states are constrained by the commitments and obligations they have towards one another not to cross certain lines. "Unfortunately, the Maltese scheme is the most brazen and insensitive to these unwritten 'constraints' and lends itself easily to a legal challenge," the political expert said. On his part, Prime Minister Joseph Muscat is showing no signs of ceding to pressure from either the Nationalist Party or the European Parliament's resolution, calling on the government to amend the citizenship scheme. Muscat is comforted by statements from the European Council, which this week reminded MEPs that citizenship is a matter of national competence that is up to Malta to regulate. On the other hand, while the European Commission says it does not want the power to regulate citizenship laws, vice-president Viviane Reding delivered a harsh statement last week, saying citizenship was not up for sale. Muscat's Labour MEPs were among just 22 who voted against the EP's non-binding resolution, joined by a motley collection of far-right politicians after being deserted by their own socialist colleagues. Yesterday, the prime minister told Radju Malta listeners that he was seeking €1 billion in revenues from the IIP, of which 70% will be ring- With Malta's citizenship sale having been so high on party agendas, Labour's forthcoming general conference unsurprisingly hinges on the theme of identity with its motion entitled 'Malta: Maltese, European, Global'. Similarly, the last general conference convened by the Nationalist Party also focused on the country's identity. The 3-9 February general conference will focus on the strengthening of identity, European Malta and global Malta. "In today's globalised world, its vital for Malta to maintain its identity, while celebrating important anniversaries of events which enriched our identity," deputy leader for party affairs Toni Abela said. Among the events planned for the seven-day conference, the party president Daniel Micallef and the party's executive council secretary highlighted the workshops aimed at discussing the reform of the party's local clubs and committees and a question and answer session with party leader and Prime Minister Joseph Muscat to be held on 2 February. mvella@mediatoday.com.mt