Personal and material scope

• Author: Ellul, Tonio
• Pages: 32-46

32

3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU a nd non -EU nat ionals (Recit al 13 and Article 3(2), Directive 2000/43

and Recital 12 and Article 3(2), Directive 2000/78)

In Malta, the following residence/citizenship/nationality requirements apply for pr otection

under the relevant national laws transposing the directives.

Regulation 1(5)(a) of the Equal Treatment in Employment Regulations , which stat es that

the Regulations do not apply to any d ifferences of treatment based on nationality an d are

without prejudice to laws and conditions relating to the entry by and residence of third -

country nationals and stateless persons in Malta or to any treatment which arises from the

legal status of the i ndividuals concerned. This reproduces what is stated in Article 3(2) of

Council Directive 2000/43/EC.

Similarly, the Equal Treatment of Persons Order 2007 89 provides that the order shall not

apply to any differences of treatm ent based on nationality, and this without prejudice to

laws and conditions relating to the entry by an d residence of third-country nationals and

stateless persons in Malta or t o any treatment which arises from the legal status of the

individuals concerned.

3.1.2 Natural and legal persons (Recital 16, Directive 2000/43 )

a) Protection against discrimination

In Malta, the personal scope of anti-discrimination law covers natural and/or legal persons

for the purpose of protection against discrimination. There i s no recent case law on the

matter.

There are various law s – a s can b e seen in the sections below – which protect citizens

against discrimination, such as the Equal Treatment in Employment Regulations,90 th e

Equal Opportunities (Persons with Disability) Act,91 the Equal Treatment of Persons Order92

and the Employment and Industrial Relations Act ;93 the said laws offer protection to both

natural and legal persons.

b) Liability for discrimination

In Malta, the personal scope of anti-discrimination law covers natural and legal persons for

the purpose of liability for discrimination.

Article 4(e) of the Interpretation Act 1975 94 provides th at in that Act, an d in every other

act, whether passed before or after the commencement of the 1975 Act, unless the

cĠntrary intentiĠn aġġears, the exġressiĠn ‘ġersĠn’ shall include a bĠdy Ġr Ġther assĠciatiĠn

of individuals, whether or not they are granted legal personality.

Maltese legislation does not draw a d istinction between natural and legal persons for the

purpose of protection against discrimination or liability for discrimination, but uses the term

‘ġersĠn’. There is nĠ case law Ġn the matter.

89 Equal Treatment of Persons Order 2007, Article 2(4).

90 Equal Treatment in Employment Regulations 2004, Article 3.

91 Equal Opportunities (Persons with Disability) Act 2000, Article 3.

92 Equal Treatment of Persons Order 2007, Articles 4-5.

93 Employment and Industrial Relations Act 2002, Articles 26-32.

94 Interpretation Act, 4 February 1975, Laws of Malta, Chapter 249.