I refer to the letter from David Reiling entitled E-residency permits in a shambles (TMIS 27 January) regarding the recently introduced ‘e-Residence Card’ – a hybrid document combining an identity card and, in respect of non-Maltese EU citizens, a registration certificate.

As regards non-Maltese EU citizens, the implementation of the ‘e-Residence Card’ scheme is illegal under EU law on at least two counts:

Firstly, it is illegal to require a non-Maltese EU citizen who has previously registered with the authorities and already holds a Registration Certificate to not only re-apply for a Residence Document, but to require him/her to re-submit supporting personal documentation already issued and/or held by the Department of Citizenship and Expatriate Affairs – even if the ‘e-Residence Card’ incorporates an identity card component.

Secondly, the customary failure by the Maltese authorities to provide non-Maltese EU applicants with Residence Documents immediately – that is, upon presentation of the requisite documents on their first and only personal visit to the Department for Citizenship and Expatriate Affairs – constitutes a violation of EU law.

In the event of a conflict between national and EU law, the latter prevails.

I should stress that, in respect of Gozo-based non-Maltese EU citizens, I was categorical in my submission of 19 October 2012, to the European Commission Directorate General Justice, as follows:

‘…The Department of Citizenship and Expatriate Affairs – which issues Registration Certificates to non-Maltese EU citizens – customarily violates EU law by requiring non-Maltese EU applicants to personally attend their Valletta office at least twice – illegalities exhaustively detailed in Complaint No: CHAP (2011) 00735 concerning the discriminatory two-tier water and electricity consumption tariff scheme – currently pending before your Unit.

In this regard, the Commission will be aware of Article 8 – Administrative formalities for Union citizens – Directive 2004/38/EC which stipulates:

‘….2. The deadline for registration may not be less than three months from the date of arrival. A registration certificate shall be issued immediately …’ (5)

The practical consequences for a non-Maltese EU applicant who is resident on the sister island – Gozo – is a 5 hour round trip each and every time he/she is required to personally attend the Department of Citizenship and Expatriate Affairs laden with all manner of official documentation. …

(5) Please see page 19:

eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF

Extract ends.

Moreover, the following internet link discloses that the legality of the Identity Card and other Identity Documents Act Order 2012 – from which the recently introduced ‘e-Residence Card’ derives – is already under EU institutional scrutiny:

www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fNONSGML%2bCOMPARL%2bPE-502.142%2b01%2bDOC%2bPDF%2bV0%2f%2fEN

Should non-Maltese EU citizens experience or perceive any instances of institutional discrimination, I recommend they file a petition with the European Parliament Committee on Petitions online by availing themselves of the following internet link: www.secure.europarl.europa.eu/aboutparliament/en/petition.html --.

Oisin Jones-Dillon

ST PAUL’S BAY