Repubblika condemns proposed law as shield for corrupt officials

Civil society group Repubblika has said that a new bill creating a legal framework for civil liability of public officials and entities is a serious threat to the country’s already fragile anti-corruption framework.

The group argues that Bill 137, recently published by the government and expected to pass into law before the summer recess, will shield corrupt public officials from civil accountability, further weakening citizens’ ability to seek justice.

According to Repubblika, while the bill is less extreme than previous suggestions made by the prime minister, who had hinted at full immunity for officials implicated in criminal acts, it still constitutes “a dangerous step backwards”.

The bill, which amends Article 1051A of Malta’s Civil Code, effectively transfers civil liability for corruption-related damages from individual public officials to the State. Under current legislation, victims of corruption can seek damages directly from the corrupt official. The proposed changes would prevent such actions unless a final criminal conviction is first obtained. Repubblika said this condition creates a nearly insurmountable barrier to justice.

“This bill builds a wall between those who abuse power and their victims,” Repubblika said, arguing that the reform would make it nearly impossible for individuals or businesses harmed by corruption to hold wrongdoers personally accountable. “Unless the State first prosecutes and obtains a definitive conviction, the corrupt official walks free and keeps what they stole.”

The NGO is concerned that the law would neutralise preventative civil measures, such as provisional freezing of assets, which are currently available under Article 1051A. By raising the burden of proof to match that required in criminal cases, the bill undermines one of the few legal tools available to corruption victims.

Repubblika warned that the new system would not only protect corrupt officials from personal liability, but also burden taxpayers with paying damages in their stead. “We become victims twice: first when the official steals from us, and again when we’re forced to foot the bill for what was stolen,” the group said.

The NGO insists that the legislation fails to distinguish between honest administrative mistakes and conscious abuse of power. It argues that well-meaning officials should be protected in appropriate cases, but not at the cost of shielding the corrupt.

Repubblika is calling on Parliament to amend the bill to exclude corruption, abuse of office, and fraud from State protection. It also demands that the existing right of victims to seek damages from corrupt officials remain untouched, without requiring a prior criminal conviction.

“We urge Parliament not to weaken but to strengthen legal mechanisms that give victims of abuse access to justice,” the group stated. “Justice delayed is justice denied, and this bill is designed to delay and deny accountability.”

Repubblika also criticised the government's lack of public consultation before introducing such impactful legal changes. It called on authorities to respect democratic norms and consult civil society before altering citizens’ fundamental rights.