Issue link: https://maltatoday.uberflip.com/i/298224
maltatoday, SUNDAY, 20 APRIL 2014 16 Europe 2014 Immigration With the first boats of migrants arriving in 2004 – the year when Malta joined the EU – migration and EU membership have been intertwined in the Maltese psyche to the extent that immi- gration has become the symbol of EU indifference towards the plight of a small nation. Against the backdrop of record boat arrivals, irregular immi- gration became the main issue of the 2009 MEP campaign for candidates from both major parties. Judging by the latest MaltaToday survey, the issue will continue to dominate the debate in next month's MEP election despite the lack of any significant boat arrivals over the past few months. The perceived absence of EU assistance on migration remains a major bone of contention in Malta. Ironically, all Maltese main- stream parties tend to expect a 'federalist' solution; an obligatory burden sharing mechanism which can only come about through a consensus among member states, and not by any initiative tak- en in the European Parliament. Local consensus exists on a reform of the Dublin II regulation. However, the regulations stipulate that asylum seekers must ap- ply for asylum at their 'first point of entry into the EU': which means that Malta has to assume responsibility for all such asy- lum seekers. When still an MEP, Nationalist Party leader Simon Busuttil was an EP rapporteur for migration, and his long-standing col- league David Casa were vociferous in their demands for more European support. Similar pleas have more recently been made in the Labour representation: Marlene Mizzi similarly lambasted European institutions for their failure to show solidarity with Malta last October. Yet it is debatable whether the European Parliament is indeed the institution best suited to raise these concerns. Both the centre-right EPP and the Party of European Socialists have refused to include a reform of Dublin II in their manifestos. Of the parties contesting in Malta, only the Greens have made a similar commitment. But even if the mainstream parties made a similar decision, it would not amount to anything more than moral pressure on sov- ereign governments who ultimately can change Dublin II. Parlia- ment's only role would be to ratify any decision for it to come into force. However, in one respect the EP does have considerable influ- ence on immigration-related matters. This year, Malta's budget- ary allocation within the EU's 2014-2020 multiannual financial framework stands at almost €80 million: up by €15 million over the previous amount given by the EP. Of these funds, €53 million go under the Internal Security Fund (External Borders and visas), €17 million under the Asylum, Migration and Integration Fund; and €9 million under the Internal Security Fund (Police). The LNG tanker The European Parliament has absolutely no say on the loca- tion of LNG terminals, something which falls entirely under the remit of national authorities. On its part, the Commission can intervene on permits issued by national authorities if these are in breach of EU directives. MEPs can solicit the intervention of the Commission through petitions. The issue has been Europeanised by incumbent Maltese MEP Roberta Metsola, who submitted a petition to the European Par- liament urging the European Commission to investigate the risk to the public's safety by the government's plans to berth a float- ing liquefied gas storage unit close to shore. Metsola referred to EU's SEVESO II Directive, which lays down that member states will prohibit the use of any establishment, installation or storage facility, where the measures taken by the operator for the pre- vention and mitigation of major accidents are seriously deficient, saying that petitioners were understandably concerned that the project will violate the Directive. The Maltese Occupational Health and Safety Authority has concluded that the project is compliant with the directive. Spring hunting The issue of spring hunting has come to a head after 45,000 sig- natures were collected to call for a referendum for the abolition of hunting in spring. Moreover, Labour MEP candidate Cyrus Engerer has actively campaigned to collect signatures for a rival petition to protect minorities from referenda. In March, 33 MEPs from 10 EU countries have added their names to a letter requesting an urgent meeting with European Commissioner for the Environment, Janez Potočnik, to discuss the spring hunting of birds in Malta. This is not the first time that hunting has featured as an issue in MEP elections. The 2004 election saw the candidature of FKNK – the hunters' federation – secretary Lino Farrugia, who failed to get elected, raking in just a miserly 3,000 votes. But while MEPs may bring on pressure to bear on the commis- sion, the EP has no influence the outcome of any local decision on this matter. This is because the issue of spring hunting does not revolve around any proposed amendment of European legislation – in which case, MEPs would have a say. The issues revolves around the interpretations given to the European Court of Justice's 2009 verdict, and the correct way to apply a derogation from the Wild Birds Directive. In fact it was the European Commission that took Malta to the European Court of Justice in 2007. As in all other issues, the EP naturally retains the ability to pass non-binding resolutions on the issue. The environment In Malta, the environment is mainly associated with land use and air quality issues. The EU Parliament has no jurisdiction on decisions taken by the local planning and environmental au- thorities, but the Commission can investigate any breach in the numerous directives governing the two sectors. For example, the 2006 extension of building boundaries was investigated by the European Commission over an alleged breach of the directive re- quiring a strategic assessment on any land use plan commenced after 2004. But following a four-year investigation, proceedings were dropped. MEPs can also present petitions requesting the commission to investigate alleged breach of directives and may also present questions to the Commission on these issues. Citizenship The resolution passed by the EP which singled out Malta in condemning the Individual Investor Programme is still fresh in the memory of voters. Although the EP has no remit on this issue except for passing resolutions, the motion which singled out Malta raised ques- tions on whether Maltese MEPs should defend Malta's name at all costs or actively solicit the intervention of EU institutions on issues where they are in disagreement with the government. In fact, while Labour MEP candidates emphasise their role as defenders of the national interest, in this instance PN MEPs in- sists that they had no choice but to seek recourse to the Euro- pean Parliament after the national parliament turned down all the Opposition's amendments. The vote also showed that resolutions passed by the European Parliament could spur the commission to action. In fact, following a strong vote in the European Parliament, the Commission called on legal experts to examine the possibility of opening infringement procedures against Malta based on Arti- cle 4.3 of the Treaty of the European Union. Article 4.3 calls on member states to "refrain from any measure which could jeop- ardise the attainment of the Union's objectives". The missing issues But in the absence of a directive clearly gov- erning the granting of citizenship, the Maltese government man- aged to snatch a favourable deal through which the Commission approved Malta's scheme while the government accepted the principle that applicants should "effectively" reside in Malta for a year before they are granted citizenship. The Commission is also investigating similar schemes in other European countries. It is up to the next European Commission to close the loophole by legislating on a directive regulating the naturalisation of non- EU citizens. In this case, MEPs will be expected to vote on the Commis- sion's proposals. In the absence of such common rules, Europe may well face a race to the bottom as financially hard-pressed countries compete to offer European citizenship at the cheapest price. Gay rights Over the past few years, the European Parliament has voted on several resolutions condemning homophobia and urging mem- ber states to recognise the rights of same sex couples. In fact, the legislation approved by the Maltese parliament in parliament granting a civil union status on a par with marriage makes Malta more liberal than many other member states. In fact, Bulgaria, Croatia, Cyprus, Estonia, Greece, Italy, Latvia, Lithuania, Poland and Slovakia lack legislation don't recognise civil unions. But the EU has little power over the regulation on matters regulating marriage and adoption by same sex couples. This is because no directive exists to regulate the matter. Moreover, Bulgaria, Croatia, Hungary, Latvia, Lithuania and Poland have constitutionally defined marriage as being between a man and a woman. While the EU legislates to improve the free movement of per- sons, there is no provision for mutual recognition of same-sex partnerships. The European Parliament has however approved a report calling for mutual recognition. On its part, Malta recog- nises same sex marriages granted in other EU countries. A proposed European anti-discrimination law would outlaw discrimination in the areas of social protection, social advan- tages, education and access to supply of goods. This would be on the grounds of religion or belief, disability, age, and sexual ori- entation. However, the directive has been stalled in the Council, despite strong support from the European Parliament. EU funding for Malta According to statistics compiled by the PPCD, Malta has been allocated an impressive €944 million under the EU's Cohesion Policy, since it became a member in 2004. Although funding is the object of intense negotiations in the Council of Ministers, the EU budget – which makes this funding possible – needs the approval of MEPs. Malta has received €84.9 million from the EU's SOLID Funds 2007-2013, European Commissioner Cecilia Malmström said in reply to a question raised by Labour MEP Joseph Cuschieri. 'Our issues' in the European parliament Prompted by the issues singled out by respondents to the latest MaltaToday survey, JAMES DEBONO looks into whether the European Parliament can tackle these concerns effectively Viviane Reding