Malta's Citizenship Law Fails to Keep Pace with Changing Society, Research Finds

Malta's citizenship law through naturalisation needs updating to reflect the country's changing social realities, according to new research by Monique Agius, a Bachelor's in Law student. The study highlights several issues with the current naturalisation regime, including a lack of clear criteria compared to citizenship obtained through 'golden passport' schemes, the minister's broad discretionary powers, and the absence of an appeal process.

Agius argues that the naturalisation process should either be overhauled with objective and legal criteria or comprehensive guidelines should be issued, similar to the UK. The research notes that the number of non-Maltese residents in Malta has increased five-fold since 2011, and the current provisions on naturalisation, including the minister's discretion, may not be suitable for a society that prides itself on the rule of law.

Why this matters:The findings highlight the need for Malta's citizenship laws to evolve and adapt to the country's rapidly changing demographics and social landscape. Addressing the issues highlighted in the research could help ensure a more transparent, fair, and inclusive naturalisation process for all residents.

The study suggests that legal practitioners should make more use of the judicial review process to challenge citizenship decisions, as the courts have previously ruled that the minister's discretion is not absolute and reasons for refusal should be provided, unless it damages the state's interests.

Agius's research also addresses contradictory statements made by Joseph Zahra, president of the PN's Association of Pensioners and Senior Citizens, regarding pension entitlements for those born before and after 1962. The study refutes Zahra's claims about the government's pension reforms and the ongoing pension review process in Malta, noting that changes made in the last budget aimed to address the injustice created by the 2006 pension reform, resulting in higher pensions for all pensioners.

The research by Agius sheds light on the pressing need to update Malta's citizenship law through naturalisation, as the country's social fabric continues to evolve. With a five-fold increase in non-Maltese residents since 2011, the current provisions, including the minister's broad discretionary powers, may no longer be suitable for a society that values the rule of law. The study calls for a more transparent and objective naturalisation process, either through a comprehensive overhaul or the introduction of comprehensive guidelines, to ensure fairness and inclusivity for all residents seeking Maltese citizenship.

Key Takeaways

• Malta's citizenship law needs updating to reflect changing social realities.
• Current naturalisation process lacks clear criteria and has broad ministerial discretion.
• Non-Maltese residents increased 5-fold since 2011, challenging current provisions.
• Legal practitioners should use judicial review to challenge citizenship decisions.
• Research refutes claims about pension reforms, noting higher pensions for all.