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Matthew Vella
The Maltese government has still not notified the European Commission on its transposition of a Council Directive laying down minimum standards for the reception of asylum seekers.
Asylum seekers are eventually to be allowed access to the labour market, in accordance with the Directive, within a year of their application for refugee status. The one-year period is the maximum timeframe in which asylum seekers can be prohibited from seeking employment.
In March, the Home Affairs and Justice Ministry told MaltaToday that the Directive “will be implemented” and that “Malta is in the same position like other Member States.”
European Commissioner for Justice, Freedom and Security Franco Frattini, in reply to questions by Labour MEP Joseph Muscat (PES) and Hélène Flautre (Greens), confirmed once again that the Commission had not yet received any notification of the transposition of the Directive from Malta, after having sent the authorities a formal notice on 22 March 2004.
The Directive had to be transposed by 6 February 2005. The Commission is now examining implementing measures taken by the Member States, Frattini told the MEPs.
Detention conditions of asylum seekers are now regulated by the Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum seekers, and the provision of basic needs and an adequate standard of living for detained asylum seekers.
Most significantly, the regulation will allow asylum access to the labour market even if their application for asylum has not yet been decided. Access to the labour market will not be able to be withdrawn during the appeals stage if applicants’ claims for asylum are rejected and then appealed.
Member States may allow asylum seekers access to vocational training irrespective of whether they have access to the labour market or not.
matthew@newsworksltd.com
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