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 on access to the profession of port worker. Companies intending to operate in Malta must hire port workers from a single Port Workers Register. Furthermore, if a port worker retires, passes away, or is medically boarded out, their replacement must be chosen from the so-called Prospective Port Workers Register, which only includes relatives of active port workers. This system significantly limits access to the profession of port worker for both Maltese and other EU nationals.

The Commission issued a formal notice to Malta in September 2022, followed by a reasoned opinion in October 2024. Malta contested the Commissions findings, but the Commission believes Malta is in violation of Treaty provisions. Thus, the Commission has referred Malta to the Court of Justice of the European Union.

Background

The Maltese quota and authorisation system for port workers allows companies to hire from the Port Workers Register (currently consisting of 400 port workers). When a registered port worker retires, passes away, or is medically boarded out, they are replaced by someone from a list of prospective port workers, prioritized based on family connections.

For More Information

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July 2025 infringement package

Infringement procedure Malta (INFR(2022)4020)