EU rule of law report singles out deteriorating efficiency of Maltese justice system

The efficiency of the Maltese justice system has deteriorated further and “raises concerns”, the European Commission’s annual rule of law report states.

The report published on Wednesday references the 2023 EU Justice Scoreboard and highlights a worsening trend in several key efficiency indicators.

“For instance, the estimated time needed to resolve administrative cases at first instance is 1,356 days, the longest within the EU,” the report states.

The clearance rate, a measure of how many cases are resolved compared to those received, has also been criticised.

Currently, only 89.2% of cases are being cleared, according to the report, indicating that fewer cases are being resolved than are coming in.

Despite a 20% increase in resolved cases, this improvement was overshadowed by a 22% surge in incoming cases.

Of particular concern to the European Commission is the clearance rate for civil and commercial cases, which at the moment stands at a disconcertingly low 78.1%.

The report also notes a concerning increase in the number of incoming cases, putting additional strain on an already burdened justice system.

The Commission notes the limited progress in reducing the estimated time needed to resolve litigious civil and commercial cases at first instance from 550 days to 529 days.

On a positive note, the report says the level of perceived judicial independence in Malta remains high.

However, it raises a red flag about the lack of involvement of the judiciary in the appointment procedure of the Chief Justice.

The report mentions other challenges in the justice system that have to be addressed, including the need to have a track record of final judgments in high level corruption cases.

The report also called for the Maltese government to adopt legislative and other safeguards to improve the working environment of journalists, including better access to official documents.

Reacting to the Commission’s findings, Justice Minister Jonathan Attard said government was committed to continue strengthening the rule of law and the justice system.

He said the reform process included legal changes to make the justice system more efficient and voting more funds to achieve these aims.

The financial allocation of €50 million is three times more than what was allocated in 2012, he said, making Malta the country with the highest per capita increase in court spending.

He said three Bills intended to increase protection for journalists were currently at Second Reading stage and being reviewed by the Committee of Experts after its term was extended to allow for further consultation.

Opposition spokesperson Karol Aquilina said the Commission’s report confirmed that the justice system continued to deteriorate and urged the government not to remain complacent.

“The European Commission noted how the quality of the justice system was suffering because of a huge lack of human resources… this report confirms the just criticism made by the Nationalist Party that the government is allowing the situation to deteriorate and this is unacceptable in a society built on the rule of law,” Aquilina said.