Understanding and explaining the workings and intricacies of the EU’s ordinary legislative procedure in practice is certainly not a straightforward task, which makes simplifications and misrepresentations of facts rather easy.

This is exactly what has been happening recently, with a number of articles in the media on highly technical matters and complicated negotiations at EU level failing to give the whole and accurate picture of the government’s efforts on these draft laws and engagement on EU initiatives in gene­ral. It is imperative to unravel these inaccuracies.

One of the articles focused on the Mobility Package rules. The Maltese government’s engagement on this specific EU initiative remained steadfast from its inception. Contrary to what has been portrayed in a specific article, the government rigorously voiced concerns based on Malta’s natio­­nal interests and those of Maltese stakeholders throughout the negotiation processes.

As negotiations on the proposals constituting the Mobility Package progressed, signifi­cant alterations (proposed by different stakeholders throughout the process) were made without the institutions having carried out crucial impact assessments on the amended versions of the then proposed legislation. This lack of assessment further compounded Malta’s apprehensions, complicating the already intricate negotiations.

The reality is that, when it comes to the ordinary legislative procedure, legislation is proposed by the European Commission and negotiated by the Council and the European Parliament. In this process, the government continuously protects Malta’s national interest by ensuring that the text of the draft legislation takes into consideration the realities and specificities of the relevant Maltese stakeholders  and by negotiating safeguards within the legal text that can ease the implementation once proposals become laws.

Nonetheless, Malta’s size in qualified majority voting matters and it means that the government very often has to work much harder than other larger EU member states to influence a draft legal text. Malta is successful in doing so on a daily basis and this is done without much fanfare, as has happened in the recent past on crucial files related to semiconductors (chips) (where a competence centre is going to be established in Malta), the nature restoration laws, the derogations negotia­ted in the energy files, the TEN-E file and many more.

Stakeholders have a crucial role to play in the ordinary legislative procedure, especially if they provide the government with feedback at the appropriate juncture during negotiations. This could technically happen even before the commission comes forward with a draft proposal for a directive or a regulation, since EU-wide public consultations are held by the European Commission before proposals are issued.

It is therefore important that one understands that, ultimately, legal texts emerging from Brussels are a result of compromises. Such compromises are the result of laborious negotiations in which the Maltese government is one of many stakeholders, with industry in most EU member states taking a very proactive approach to explain their issues and shore up the position of their respective governments.

There are many instances where industry and Maltese stakeholders voice their concerns to the Maltese government and these are address­ed in the negotiations. When this is done, and the government, social partners and other stakeholders team up, the probability of a successful outcome for Malta increases drastically.

Ultimately, legal texts emerging from Brussels are a result of compromises- Glenn Micallef

That is why the Maltese government is always open to dialogue with the social partners so that specific concerns do not reach the government when it is simply too late for it to ensure that they are addressed in drafting and negotiation sessions in Brussels.

There is certainly scope for further systematic engagement on EU matters between the government, social partners and industry. However, this has to be based on a genuine effort to achieve the best results for Malta and Maltese stakeholders, rather than a poor attempt at finger pointing when it is simply too late to be of any benefit.

The government is fully committed to continuing to do its utmost in this regard  and welcomes any genuine outreach and feedback by the other stakeholders.

Legal challenges and government actions on the mobility package

In a decisive move, the Maltese government took the matter to the Court of Justice of the European Union (CJEU), challenging the contentious Mobility Package rules for the simple reason that the compromise that emerged at the last minute in the final trialogue between the European Parliament and the then Finnish presidency of the Council of the EU failed to take Malta’s realities and arguments presented in the course of negotiations into account. It is public knowledge that the Maltese government spearheaded this initiative.

The attorney general’s recent recommendation to annul the problematic provisions attests to the government’s unwavering commit­ment to rectify the issues at hand.

These actions underscore the government’s dedication to upholding Malta’s interests within the EU framework.

Highlighting government successes in the EU

Amidst these challenges in the framework of the EU’s ordinary legislative procedure, the Maltese government has achieved noteworthy successes within the EU.

The allocation of €2.250 billion in the Multiannual Financial Framework and Recovery Instrument stands as a testament to Malta’s pivotal role within the EU’s financial landscape. Furthermore, European Commission president Ursula von der Leyen’s commendation of Malta’s recovery plan as the most environmentally friendly among the approved plans underscores the nation’s commitment to progressive environmental policies.

Glenn Micallef

Finally, one cannot fail to mention the many unsung achievements at the technical level in the various working groups in which Maltese diplomats and civil servants manage to insert or amend provisions in draft legal texts to the great benefit of the rele­vant Maltese sectors.

Glenn Micallef is Head of Secretariat at the Office of the Prime Minister.