Malta will implement the Schengen agreement on 21 December, removing all borders for land and sea travel while borders on air travel will be removed on 28 March – further implementing the fundamental freedom of movement from one EU state to another, said Justice and Home Affairs Minister Tonio Borg.
Dr Borg was delivering the opening speech on a Eurosparks seminar on the Legal Enforcement of Contraventions on Foreign Registered Vehicles.
The Eurosparks project analyses legislation across EU member states relating to mutual recognition of penalties and cooperation between court services and debt recovery agents.
However, Dr Borg said that this freedom of movement does not allow any form of restriction and, as a result, creates difficulties when implementing mechanisms that make sure that contraventions – such as the incorrect registration of foreign vehicles – are settled.
The minister explained that crimes and contraventions committed in Malta by foreigners are covered by the Extradition Order.
“However, this legislation only covers limited crimes or contraventions relating to traffic offences and is limited to countries who are scheduled in this legislation,” he said.
At present, explained Dr Borg, unless there is a case of grievous bodily harm, the enforcement of traffic contraventions cannot be enforced once the vehicle has left the island.
The Deputy Director of the Institute of European Public Law, Mike Varney called for a directive on cross border enforcement of financial penalties for minor road traffic offences.
However, he said, if this is not adopted, then “we should look into the possibility of a multilateral treaty among Member States outside of the EU framework.”
Joe Fenech Conti from Datatrack explained that the current legal system is highly effective in covering crimes and contraventions committed by Maltese registered vehicles.
However, he said, the problem is trying to enforce vehicles registered outside Malta due to lack of availability of the owner’s information and the legal process for court proceedings and collection of fines.
Once the vehicle enters Malta, the owner’s information is not registered and it is not shared, said Mr Fenech Conti.
Furthermore, he added, collaboration with other EU countries only exists in certain cases such as hit and run.
Another problem that has to be solved is deciding where the hearing can take place and the notification procedure, he said.
Mr Fenech Conti called for a system of registration under which all foreign vehicles provide all ownership and contact details at the point of entry along with a deposit of guarantee money.
The guarantee, which will be calculated pro rata depending on the length of stay, will be released if court proceedings will be decided in favour of the foreigner.
However, he said, if the case is decided against him, then the fine will be deducted from the guarantee money and the rest, if any, will be released.