'Aliens', citizenship process and ministerial discretion : a critical analysis of Malta's naturalisation process

Abstract

This dissertation is an in-depth analysis of the naturalisation process under Maltese law. The current provisions on naturalisation contained in the Maltese Citizenship Act will be analysed in order to determine whether such provisions, including the ministerial discretion afforded to the Minister of the day to decide on citizenship applications has any place in a society which prides itself on the rule of law. The research project combines two techniques: desk review as well as elite interviewing. From the study, it emerges that the criteria upon which an alien may be naturalised as citizen are vague and broad in scope. It also emerges that despite an ouster clause precluding an appeal and judicial review from the minister’s final decision, there have been judicial review actions which however were not successful on procedural grounds. Therefore, local case law is not developed in this area, and the criteria have not been interpreted further.