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Ares(2018)5939887 - 20/11/2018

EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS

Directorate D: Equality and Union citizenship

Unit D.3: Union citizenship rights and free movement
Deputy Head of Unit

Brussels,
JUST/D3/MM(2018)6063370

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Dear ************,

I refer to your complaint of 17 July 2018 concerning the problems with your document certifying
permanent residence you have encountered in Malta which was registered under reference number
CHAP(2018)2450 (please quote this reference in any further correspondence).

Article 21(1) of the Treaty on the Functioning of the European Union stipulates that every citizen of
the Union shall have the right to move and reside freely within the territory of the Member States,
subject to the limitations and conditions laid down in the Treaties and by the measures adopted to
give them effect. The respective limitations and conditions are to be found in Directive 2004/38/EC
on the right of citizens of the Union and their family members to move and reside freely within the
territory of the Member States. You can download a consolidated version of the Directive at
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004L0038:20110616:EN:PDF.

For more details on your EU rights to move and reside freely within the EU you may wish to consult
the dedicated guide on the Directive available at http://bookshop.europa.eu/en/freedom-to-move-and-
live-in-europe-pbDS3113553/.

As Article 19 of the Directive stipulates, the Maltese authorities shall issue EU citizens entitled to
permanent residence with a document certifying permanent residence after having verified duration
of residence. This document shall be issued as soon as possible.

Entitlement to permanent residence is subject to EU citizens proving that:

1. they have resided in Malta for a continuous period of five years in accordance with the
conditions of Article 7(1) of the Directive (see Article 8(3) of the Directive for the exhaustive
list of supporting documents that can be required to evidence the fact that the applicant was
residing in accordance with the conditions the Directive attaches to the right of residence);
and
2. the continuity of residence was not broken by absences going beyond those accepted in
Article 16(2) of the Directive.

According to our information, the Maltese laws correctly enact the above rules of the Directive.

Please note as well that the Directive does not envisage that the Maltese authorities can make
processing of an application for a document certifying permanent residence conditional upon
surrendering the registration certificate. Such requirement represents an obstacle to the right of EU
citizens to move and reside freely, irrespective of Article 25(1) of the Directive. Such registration

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (+32-2) 299 11 11.
Office: MO59 06/68. Telephone: direct line (32-2) 297 44 57. Fax: (32-2) 297 95 86. – E-mail: JUST-Citizenship@ec.europa.eu
certificate could be surrendered when the new document certifying permanent residence is handed
over, but not before.

Please note that the Commission can initiate an infringement procedure against a Member State only
if it can sufficiently prove that there is a problem of compliance of national legislation with EU law
or a general practice that disregards national legislation that is in line with EU law.
On the basis of the information available to us, we are not planning to propose that the Commission
initiate an infringement procedure for failure to comply with EU law. You can find more information
about the applicable principles in Commission Communication "better results through better
application"1.
However, your complaint seems to be an isolated case of incorrect application by national authorities
of national laws which correctly enact EU rules. We consider that your problem could be addressed
by SOLVIT. SOLVIT is an EU network of national administrations that resolves cross-border
problems related to the EU’s single market. The network enables Member States to work together —
without recourse to legal proceedings and free of charge — and offer real solutions to problems
caused by breaches of EU law by public authorities. More information can be found on
www.solvit.eu.
If you agree to have your complaint handled by SOLVIT, we can transfer it to this network on your
behalf. We will not proceed with the transfer unless you provide us with your formal agreement to
this end. You are therefore invited to send us the attached form duly completed and signed.
If you agree with the transfer of your complaint to SOLVIT, the case will be closed by the
Commission and the responsible SOLVIT centre will contact you to inform you of the follow-up to
your case.2
In the absence of the receipt of your agreement within four weeks of receiving this letter, we will
have to close your complaint.
You can also provide us within four weeks of receiving this letter with further information that might
be relevant for our re-assessment of your case (such as that there still is an infringement or a general
unlawful practice by national authorities). In the absence of the receipt of such new information
within four weeks of receiving this letter, we will have to close your complaint.
It may also be in your interest to make use of the means of redress available at national level, which
as a rule enable you to assert your rights more directly and more personally. Where you have
suffered damage, only the national courts can award you reparation. Furthermore, since there is a
time-limit on national means of redress, unless you use them quickly, you may lose your rights of
redress at national level.

Yours sincerely,

(e-signed)
Monika Mosshammer

Contact: Mr Michal Meduna, e-mail: JUST-D3@ec.europa.eu

1
https://ec.europa.eu/info/publications/communication-commission-eu-law-better-results-through-better-application_en
2
Please note that the handling of your complaint by SOLVIT does not suspend any formal or administrative deadlines of
national means of redress.

2
 Agreement to have complaint handled by SOLVIT – reference CHAP(2018)2450
I, the undersigned,
Name
Surname

☐ authorise the Commission to transfer the complaint to SOLVIT

☐ do not authorise the Commission to transfer the complaint to SOLVIT

---------------------------------------------------------------
Your signature

In case of authorisation to transfer to SOLVIT, please complete the information below:

☐ I agree to disclose personal data to the SOLVIT centre in the country where the problem occurred and
to the public authority concerned
☐ I do not agree to disclose my personal data to the SOLVIT centre in the country where the problem
occurred and to the public authority concerned (please note that in most cases disclosure of your
personal data is essential for finding an appropriate solution because otherwise national authorities
will not be in a position to remedy your problems)
Please also provide us with the following information:
Name of the public authority complained about (the public authority that breached your rights)

We also suggest attaching copies or scans of all decisions of national authorities that are relevant to your
complaint and that you have not already provided to us.
Please send this information by within 4 weeks to JUST-CHAP-D3@ec.europa.eu or by post to:
European Commission Directorate-General Justice and Consumers
rue du Luxembourg 40
B-1049 Brussels
Belgium

Electronically signed on 20/11/2018 15:57 (UTC+01) in accordance with article 4.2 (Validity
3 of electronic documents) of Commission Decision 2004/563