Rule of law report raises concern over deteriorating court efficiency and lack of corruption judgments

Updated at 3:53pm with Justice Minister's reaction

Efficiency in the Maltese justice system has “deteriorated further” the European Commission has said in its rule of law report released today.

The report also lists as an ongoing “concern” the lack of resources available to the judiciary and gives a damning assessment on corruption investigations.

“The efficiency of justice, in particular the length of proceedings, has deteriorated further and the government is preparing several initiatives to continue addressing this issue,” the report states, reflecting the sentiment expressed by MEPs who visited Malta in May on a rule of law fact-finding mission.

On high-level corruption investigations, the commission notes that final judgments are still lacking. “Despite increased resources allocated to investigative and prosecution bodies, the investigation of high-level corruption cases remains lengthy. Results in terms of final judgments are still lacking.”

It also notes that despite being reformed in 2020, the Permanent Commission against Corruption, has limited resources and has “not shown tangible results in its work”.

The report notes that in the wake of the conclusions of the Daphne Caruana Galizia public inquiry last year, an independent review of legislation to protect journalists is underway. However, it says journalists and citizens continue to face obstacles when requesting access to information held by public authorities.

The report says the independence and governance of public service media are “cause for concern”. But it also notes, without commenting, that the ownership of, or editorial control over, several media outlets by the two main political parties continues to characterise the news media market.

The commission comments positively on the fact that guidelines on government advertising and promotional material have entered into force, however, it raises concern over the absence of a legal framework to ensure transparency in state advertising.

The rule of law report states that the citizenship-by-investment programme continues to raise concern.

Key recommendations

• Involve the judiciary in the procedure for appointment of the Chief Justice
• Strengthen efforts to improve the efficiency of justice and reduce the length of proceedings
• Address challenges related to the length of investigations of high-level corruption cases
• Establish a robust track record of final judgments in high-level corruption cases
• Move forward with introduction of legislative and other safeguards to improve the working environment of journalists
• Strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media
• Re-launch efforts to establish a National Human Rights Institution

READ ALSO: PN calls for special anti-corruption magistrate after EU rule of law assessment

The report published today is the third annual rule of law report released by the European Commission and includes an overview of the trends in the EU and 27 country chapters with specific recommendations.

Vice-President for Values and Transparency, Věra Jourová, said the rule of law remains a bedrock of democracy in comments accompanying the publication.

She said this year's report shows that the debate about rule of law in Europe is making progress, noting that member states are making improvements and addressing rule of law matters.

“Unfortunately, concerns still remain in some member states, especially when it comes to the independence of judiciary. Also, for the first time, the report looks into public service media. More safeguards are needed to ensure that the independence of public service media is protected, that public funding is adequate and not used to put political pressure on those media. Today we are taking it one step further by recommending how to improve the rule of law situation across the EU. I call on Member States to follow the recommendations, engage in a serious debate and take action,” she said.

Commissioner for Justice, Didier Reynders, said Russia’s military aggression against Ukraine shows that protecting and promoting the rule of law is more important than ever.

“The EU will only remain credible if we uphold the rule of law at home and if we continue to reinforce the rule of law culture. I am glad to see that our report contributes to this objective,” he said.

Justice Minister reacts

Justice Minister Jonathan Attard said government is committed to continue investing in the court infrastructure and human resources to improve their efficiency.

“Strengthening the rule of law was, is and will remain at the top of the country’s agenda and government remains committed to implement the electoral manifesto proposals to strengthen good governance and ensure justice is delivered in an efficient manner,” Attard said.

He noted that the European Commission has recognised the changes enacted over the past two years, including the strengthening of the Attorney General’s role in prosecutions and the increase in resources for the investigation of corruption.

“Government will be analysing the recommendations made, some of which are a work in progress and legislative Bills will be presented in parliament,” Attard said.

He noted that government has assigned €10 million from the EU’s Recovery and Resilience Fund to strengthen Malta’s public institutions.

“Government will continue to cooperate and engage in dialogue, while appreciating the fact that the progress registered in various sectors concerning the rule of law is being recognised,” Attard said.

Repubblika reaction

Rule of law NGO Repubblika said the report shows things are actually “moving backwards and not forwards.”

“The Commission found that the Maltese judicial system is less efficient than it has ever been,” it said.

The NGO stated the report shows that while government is boasting about the reforms, “the fundamental problems with the country’s rule of law, are yet to be addressed.”

“Instead of making progress, we are continuing to fall behind. Government should open the public consultation and ensure recommendations by the European Commission, the Venice Commission, the Caruana Galizia inquiry board and other entities are carried out,” Repubblika said.

High levels of state corruption, stagnating court reforms, deteriorating efficiency in court proceedings, no follow up to the inquiry into #DaphneCaruanaGalizia's assassination.

The @EU_Commission exposes Labour's "historic reforms" for what they really are: a state takeover.

— David Casa (@DavidCasaMEP) July 13, 2022

Reacting to the findings, Nationalist MEP David Casa said the report "exposes Labour's 'historic reforms' for what they are: a state takeover".