The European Commission decided to refer Malta to the Court of Justice of the European Union for failing to fulfil its obligations under the EU treaties in relation to its port workers regime.
The Maltese port workers regime includes a quota and an authorisation system for all port workers, with a preferential scheme for family members of current port workers.
The Commission has concerns that the legal framework regulating port labour in Malta contains several restrictions to access the profession of port worker. Companies that intend to carry out port activities in Malta are required to hire port workers from a single Port Workers Register. Additionally, if a port worker retires, passes away or is medically boarded out, their replacement must principally be selected from the so-called Prospective Port Workers Register, which is exclusively composed of relatives of the active port workers. Such a regime thus limits the access to the profession of port worker to a very restricted circle of persons, be they Maltese or other EU nationals.
The Commission sent a letter of formal notice to Malta in September 2022, followed by a reasoned opinion on 3 October 2024. In its replies, Malta contested the Commission's position. The Commission is of the view that Malta is in violation of these provisions of the Treaty. Therefore, the Commission has decided to refer Malta to the Court of Justice of the European Union.
Background
The Maltese quota and authorisation system for port workers means in practice that companies can hire port workers from the Port Workers Register (currently composed of 400 port workers). If a port worker registered in the Port Workers Register retires, passes away or is medically boarded out, the port worker is replaced by a person from a list of so-called prospective port workers established through a preferential system for family members.
