ADPD leader Sandra Gauci has called for all third-country nationals (TCNs) who feel discriminated against by the government through Budget 2027's measures, to file an official complaint to the European Commission and incite a potential breach of EU law.
Gauci took to Facebook on Tuesday and issued a step-by-step process on how TCNs - or anyone for that matter - can file an official complaint to the European Commission, so that the central EU institution investigates whether or not the Maltese government is breaching EU law by unlawfully discriminating against third-country nationals.
Gauci's step-by-step instructions to file an official complaint to the European Commission focus mainly on the Budget 2027 proposal to introduce an "administrative monthly fee" of €83 to virtually all TCNs who are issued with, or renew, a category B or B1 driving licence.
Budget 2027 introduced serious changes for third-country nationals who hold a driving licence issued from outside the European Union.
Firstly, all visitors and TCNs with a valid residence permit who hold a driving licence issued outside the EU may continue to drive in Maltese roads for up to 12 months after their entry into Malta.
After one year has elapsed, they must then hold a Maltese or any other EU-issued driving licence. For those already holding a residence permit, this 12-month timer will commence from their last entry into Malta prior to 1 January 2027. Exempt from this measure are TCNs drivers who hold a residence permit for a specific driving-related job.
Secondly is the €83 monthly administrative fee for B/B1 driving licence holders from 1 January 2027 onwards. This amounts to €996 per year.
Citizens of the European Union, the European Economic Area (which is the entire EU plus Iceland, Liechtenstein, and Norway), long-term residents and their spouses, as well as citizens of the United Kingdom, Australia, and the United Arab Emirates are exempt from paying this €83 monthly fee to drive in Malta.
TCNs with residence permits to work driving jobs are also exempt from paying these fees from next year onwards.
In addition, driving licences are to expire with a person's residence permit and are not to be renewed until that person pays off any pending payments.
Gauci called for people to fill the European Commission application and to show strength in numbers, even telling her online followers that the larger the number of complaints lodged, the better the outcome.
The ADPD leader advised for people lodging this complaint to reference the "€83 monthly charge on selected third-country nationals holding category B/B1 driving licences issued or renewed from the 1st of January of 2027 - €996 for twelve charged months" as the main cause of concern.
Gauci also provided a text for complainants to copy and paste into the Commission's application form.
It calls for the Commission to investigate whether this measure breaches EU law - specifically, Article 12(1)(g) of Directive (EU) 2024/1233 - by distinguishing between licence holders on the basis of nationality, residence status, and specific driving work. She also called for the Commission to look into whether these measures fall in line with applicable EU equality and proportionality requirements, as well as whether "administrative licensing falls within that protection."
Aside from noting that "Calling the charge 'administrative' does not explain why targeted lawful residents should pay €83 every month while exempt licence holders do not," Gauci said that other Budget 2027 "restrictions" affecting TCNs, such as their announced redaction from free public transport and free childcare, add to this concern, though this complaint focuses on the driving fee.
Gauci's template application calls for "urgent intervention" to prevent the introduction of this measure, or to at least secure its withdrawal from legislative plans if it is truly incompatible with EU law. Complainants utilising Gauci's template would be adding that they are seeking for this charge to be removed and are not requesting individual compensation.
"These measures reveal a troubling pattern of unequal treatment based on nationality and residence status. The Maltese government must explain how imposing additional financial burdens on targeted lawful residents, is compatible with its EU obligations. Political leaders should be held accountable for proposing measures that risk undermining equal treatment and social inclusion," Gauci's complaint template reads.