The European Parliament has approved a resolution linked to the European Citizens’ Initiative “My Voice, My Choice”, calling for EU-level support mechanisms to facilitate access to abortion across member states. The vote, held in December, represents a political statement by the Parliament rather than binding law, but it has renewed pressure on the European Commission to act in an area that remains highly sensitive for several countries, including Malta.
The resolution does not create a legal right to abortion and does not amend EU law. Its immediate effect is procedural: under EU rules governing Citizens’ Initiatives, the European Commission is now obliged to respond. The Commission must decide whether to take no action, propose non-legislative measures, or attempt legislative steps within existing EU competences. Any attempt to force abortion policy on member states would face major legal barriers, as health and criminal law remain national competences.
How did the Maltese MEPs Vote?
During the vote, five Maltese MEPs either voted against or abstained. Labour MEP Alex Agius Saliba voted against the proposal. Nationalist MEPs David Casa and Peter Agius also voted against. The remaining Labour MEPs, Daniel Attard and Thomas Bajada, abstained. As President of the European Parliament, Roberta Metsola did not vote, in line with parliamentary rules.
During the last European election campaign, all Maltese political parties publicly stated that abortion should remain a national matter and that Malta’s laws should not be dictated from Brussels. Labour candidates insisted they would not vote for measures imposing abortion on Malta, while Nationalist candidates repeatedly stated that EU institutions have no mandate to redefine moral or criminal law. These commitments were central to campaigning in a country where abortion remains widely opposed.
Malta, the EU and Abortion
From a legal standpoint, Malta is not required to change its abortion laws as a result of this vote. Malta’s EU accession treaty contains no obligation to liberalise abortion, and the EU treaties themselves make no reference to abortion as a right. Any attempt to include abortion in the EU Charter of Fundamental Rights would require unanimous agreement of all member states and national ratification — a process that gives Malta a full veto.
While the European Parliament may continue to pass resolutions, the reality remains that Malta retains full competence over abortion law. The next step lies with the Commission, but any binding change would require legal routes that Malta is not obliged to accept.
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