NATIONALITY REQUIREMENTS FOR APPPOINTMENTS IN PUBLIC ADMINISTRATION REGULATIONS

NATIONALITY REQUIREMENTS FOR

APPOINTMENTS IN PUBLIC ADMINISTRATIOIN

SUBSIDIARY LEGISLATION 595.03

NATIONALITY REQUIREMENTS

FOR APPPOINTMENTS IN PUBLIC

ADMINISTRATION REGULATIONS

2nd August, 2011

LEGAL NOTICE 315 of 2011,as amended by Legal Notice 237 of 2020.

The title of these regulations is the Nationality

Requirements for Appointments in Public Administration

Regulations.

In these regulations, unless the context otherwise requires

"acts adopted by the European Union" has the meaning assigned

by article 2 of the European Union Act;

"employment licence" means a licence as defined in regulation 2

of the Immigration Regulations;

"European Union" has the meaning assigned by article 2 of the

European Union Act;

"Maltese nat ion al " m eans any person wh o ho lds Mal tese

citizenship in accordance with the provisions of the Maltese

Citizenship Act;

"provisions on the free movement of workers" means the

provisions of Chapter 1 of Title IV of the Treaty on the Functioning

of the European Union, and includes any other acts adopted by the

European Union which affect the freedom of movement of workers;

"reserved post" means a post which has been reserved for

Maltese nationals in accordance with regulation 5.

(1) Subject to sub-regulation (2) and to regulation 5, no

person shall be appointed to a public office unless that person is -

(a) a Maltese national; or

(b) a national of another Member State of the European

Union who is entitled to equal treatment to Maltese

nationals in matters of employment by virtue of the

provisions on the free movement of workers; or

(c) a national of any other country who is entitled to equal

treatment to Maltese nationals in matters related to

employment by virtue of the application to that

country of the provisions on the free movement of

workers; or

(d) any other person who is entitled to equal treatment to

Maltese nationals in matters related to employment in

terms of the law or the provisions on free movement of

workers on account of his family relationship with a

person mentioned in paragraph (a), (b) or (c); or

NATIONALITY REQUIREMENTS FOR

APPOINTMENTS IN PUBLIC ADMINISTRATIOIN

(e) a third country national who has been granted long-

term resident status in Malta under regulation 4 of the

Status of Long-Term Residents (Third Country

Nationals) Regulations, or who has been granted a

residence permit under regulation 18(3) thereof,

together with family members of such a third country

national who have been granted a residence permit

under theFamily Reunification Regulations; or

(f) in possession of a residence document issued in terms of

the Residence Status of United Kingdom Nationals and

their Family Members in Malta in accordance with the

Agreement on the Withdrawal of the United Kingdom

and Northern Ireland from the European Union and the

European Atomic Energy Community Regulations

Provided that the appointment of any person to whom

paragraphs (b), (c), (d) or (e) apply shall be subject to the issue of

an employment licence, in so far as such a licence is lawfully

required for that person to work in Malta.

(2) Where suitable candidates for a public office cannot be

found, the Principal Permanent Secretary may, after informing the

Public Service Commission, waive the requirements set out in sub-

regulation (1).

(3) The Principal Permanent Secretary may, in writing,

delegate his authority under sub-regulation (2) to other public

officers, subject to the requirement to inform the Public Service

Commission and to any other requirements which the Principal

Permanent Secretary may impose.

(4) This regulation shall apply without prejudice to any

language requirements which may from time to time be set for

appointments to particular public offices when such requirements

a r e p r o p o r t i o n a t e an d r e a s o n a b l y n e c e s s a r y f o r t h e p r o p e r

fulfilment of the tasks involved.

(1) Subject to regulation 5, no government agency or

government entity shall set any nationality requirements for

appointments therewith except with the authorisation of the

Principal Permanent Secretary.

(2) Sub-regulation (1) shall apply without prejudice to any

other law including the Immigration Act and any regulations made

thereunder, and to any language requirements which may from time

to time be set for appointments to particular posts in any

government agency or government entity.

(1) The Principal Permanent Secretary may issue

directives and guidelines in terms of the Public Administration Act

to ministries, departments, agencies, government entities and

boards or commissions, to reserve for Maltese nationals any posts

involving the exercise of public authority and the safeguarding of

the general interests of the State, including any or all of the

following

(a) posts in the Office of the President, the House of

NATIONALITY REQUIREMENTS FOR

APPOINTMENTS IN PUBLIC ADMINISTRATIOIN

Representatives, the Prime Minister’s and Ministers’

secretariats, the Cabinet Office, and the offices of the

Principal Permanent Secretary and any Permanent

Secretary;

(b) posts involving the preparation of expert advice in the

field of prosecution of offences or lawmaking, and

posts

entailing

responsibility

for

advisory

constitutional bodies;

(c) posts involving the sovereignty of the State, including

diplomatic and foreign representation;

(d) posts in the Office of the Prime Minister and the

Ministries of Finance, Justice, Home Affairs and

Foreign Affairs;

(e) posts within departments charged with the protection

of the economic interests of the State, including tax

authorities;

(f)

positions in the Senior Executive Service;

(g) posts in the disciplined forces and offices responsible

for defence matters; and

(h) posts in the security services and in the field of civil

protection and defence.

(2) The directives and guidelines issued by the Principal

Permanent Secretary in accordance with this regulation may

establish procedures to ensure that, following the coming into force

of these regulations, he is alerted to vacancies in posts to which

sub-regulation (1) applies with a view to determining whether or

not each such post should be reserved for Maltese nationals.

(3) Where Maltese nationals suitably qualified for appointment

to a reserved post are not found, or where the Principal Permanent

Secretary believes that they are not likely to be found, the Principal

Permanent Secretary may authorise the appointment of a non-

Maltese national through such procedures as may be applicable and

under such terms and conditions as he may prescribe.