The Malta Gay Rights Movement has been raising the issue of the incorrect transposition of the Freedom of Movement Directive for some time now both with the European Commission through its affiliation with ILGA-Europe, as well as with local politicians.
Despite Malta’s policy of non-recognition of same-sex marriages, registered partnerships or any form of same-sex relationship is obligatory.
The Malta Gay Rights Movement and human rights NGO aditus have condemned the government of Malta for its incorrect transposition of the Freedom of Movement Directive as is applies to same-sex couples.
Despite Malta’s absolute policy of non-recognition of same-sex marriages, registered partnerships or any form of same-sex relationship, the Freedom of Movement Directive is nonetheless obligatory, aditus chairperson Dr Neil Falzon said.
“It requires the competent authorities to facilitate the entry and residence of a third country national’s same-sex spouse or partner, as long as the relationship is a durable one. Furthermore, the Directive also obliges the authorities to justify any denial of entry or residence to such persons.”
Malta Gay Rights Movement coordinator Gabriella Calleja said Malta’scurrent policy approach results in a possible violation of the Directive, and an intrusion in the private and family lives of EU citizens and, where applicable, their same-sex spouses or partners.
The Malta Gay Rights Movement has been raising the issue of the incorrect transposition of the Freedom of Movement Directive for some time now both with the European Commission through its affiliation with ILGA-Europe, as well as with local politicians.
Where both members of the couple are EU citizens, the lack of a cross-border recognition of their same-sex union leads to the anomalous situation where, upon relocation to Malta, they effectively lose their civil status, together with the attendant rights and responsibilities attached to such status.
And where one member of the couple is a third country national, Malta denies the right to freedom of movement by refusing to facilitate entry and residence, as clearly required by the Directive. This ultimately results in the couple being required to move to another EU Member State that does not discriminate on the basis of sexual orientation, or to possibly end the relationship if relocation is undesirable or impracticable.
“This simply because the government is too bigoted to recognise the inherent dignity in all persons and that love between two people should be celebrated and acknowledged irrespective of the gender of the couple,” MGRM coordinator Gabriella Calleja said.
“It is reprehensible that the government of Malta hides behind a self-determined policy of same-sex relationships being ‘against public policy’, in justifying its homophobic and discriminatory stance, and in effect negating and denying the legitimacy and worth of thousands of local, loving same-sex relationships.”
MGRM said through the intervention of MP Evarist Bartolo it submitted a Parliamentary Question regarding the government’s position with respect to the freedom of movement of same-sex couples wishing to enter and reside in Malta.
“The responses received were evasive and unsatisfactory. Furthermore, the incorrect transposition of the Freedom of Movement Directive was discussed in a meeting held recently with Justice and Home Affairs Minister Carmelo Mifsud Bonnici. The Minister denied any knowledge of the issue and stated his preference for dealing with such situations on a case-by-case basis.”
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