The rights off third-country nationals in the EU : the Malta case

Abstract

The European Union, being an economic power, is naturally an attraction to the nationals of those States not members of the Union i.e. third country nationals. Third country nationals include all non-EU citizens i.e. nationals of the 25 Member States. The European Union has put in place for its citizens the major ingredients of a shared area of prosperity and peace: a single market, economic and monetary union, and the capacity to take on global political and economic challenges. This freedom should not, however, be regarded as the exclusive preserve of the Unions' own citizens. As already pointed out, its very existence acts as a draw to many others worldwide that cannot enjoy the freedom Union citizens take for granted. Today there are millions of third-country nationals living within the borders of the EU and they play an important role both in the economy of the Union and form relevant part of the Community's society. Nonetheless, until very recently third-country nationals enjoyed practically no rights apart from those deriving from other beneficiaries of EU law (i.e. EU citizens) or else thanks to international agreements or the European Convention on Human Rights. Today this situation has changed. I shall thus examme the recent developments in this area, and focus mainly on the rights third-country nationals have recently acquired through the introduction of the recent directives. The focus shall thus be on the long-term residence and the rights of family members and family reunification. However, other rights and beneficiaries shall also be briefly discussed, mainly in respect of study, work, travel, asylum in relationship with the Dublin and Schengen Convention. Where possible throughout the discussion I referred to therelevant Maltese legislation, in particular, to the main Maltese legislation in this area: The Immigration Act. Unfortunately, the implementing legislation of the main directives concerning third-country nationals is still at cabinet level and thus not accessible to the public.