An analysis of the Maltese legislation pertaining to illegal immigration issues

Abstract

This thesis incorporates a historical overview of the formation of the Immigration Act Chapter 217 of the Laws of Malta as well as an analysis of the evolution of Immigration Law, prior to and after Malta’s EU accession. It also evaluates the changes in legislation post 2002. Furthermore, it will also explore the measures taken by the EU in its bid to fight illegal migration, particularly as these measures affected Malta. Although several directives concerning irregular immigration were adopted by the EU and were introduced in our local legislation these leave ample space for abuse by those trying to circumvent our local legislation to gain facilitated entrance in mainland Europe. Jurisprudence in cases dealing with illegal immigration was also explored. The divergent rulings by different judges cast doubt on the efficacy of local legislation, hence there is a need for amendments to decrease ambiguity. In order to make this thesis a clear and complete study, the author has carried out interviews with professionals who are considered to be key figures in society. The critical analysis of the Maltese illegal migration laws and their implementation carried out throughout this thesis will provide a faithful picture of the present situation. This should enable this project to conclude by examining potential measures that could be implemented to remedy the shortcomings of the present system, thereby facilitating both its application and enforcement.