From Dr A. Grech

What on earth is wrong with the Hon. Joseph Muscat and the Hon. Louis Grech and indeed with the rest of the politicians, if not all the Maltese people? We are told that these Honourable Gentlemen have raised the matter with European Commissioner for Taxation Laszio Kovacks, because the Maltese government should refund to Maltese citizens the VAT unlawfully charged on vehicle registration since Malta joined the EU in May 2004.

Doesn’t the Maltese government know that it was knowingly acting in breach of EU legislation when taxing the Maltese on vehicle registration? Don’t we all know that the government was acting illegally and persisted in doing so until it was reined in by the proper European authorities? Does the Maltese government want to be embarrassed one more time in front of its European equals? Or does it mean that yet another embarrassment of this sort means nothing to our government? One more embarrassing slip would not make the Maltese government blush or shrink because the thickness of its hide exceeds that of the most cold and calculating reptile.

But then again embarrassment or not, refunding to the Maltese people what was illegally taken away from them is not enough. In any criminal proceedings, giving back what has been misappropriated is only making justice in part. The culprit also receives some form of punishment like imprisonment or a fine. What sort of punishment should the Maltese government receive in this instance?

For those of us who have a penchant for ideals, and such a thing called justice, the doctrine of Ministerial Responsibility is certainly not satisfactory. Prophets of doom may come again and repeat platitudes such as “a government is as good as its people” or “the people get the government they deserve”. How about extending ministerial responsibility outside Parliament to include that politicians become personally responsible for acts of commission or omission when in office?

What is wrong indeed with the abovementioned MEPs? Do they really have to seek redress before the European Institutions? Don’t we have proper courts and proper legal mechanism in this country to condemn the government when it has done wrong just like any private citizen? Or am I dreaming? Redress before an international tribunal or authority should only be sought when either the local legal mechanism does not provide a remedy or when all local remedies have been exhausted. Unless one is to believe that the Hon. Gentlemen are not convinced that they could get proper redress in a local court of law, the matter should be settled in this country. Or should it?

Since entry into the EU, the Maltese legal system forms part of a wider legal structure. The Maltese courts are bound to refer a question of European law to the European Court of Justice if they are not prepared to apply European law themselves. But since admission to the EU there has been no reference from the Maltese courts that I know of. So either the Maltese courts have had no problem in applying EU law (in other words they know it all), or that they have refused to refer the matter to the European Court. I find it hard to believe that after all this time no question of European law has yet arisen in front of our courts for them to feel the need to refer to it. Strange, very strange!

Alfred Grech

GOZO