EU Rule of Law report: Malta must step up efforts to reduce court delays

Malta must work to reduce the length of court proceedings, the European Commission has warned.

In its 2025 Rule of Law Report, the Commission flagged a reform passed by Parliament which makes it harder for citizens to initiate magisterial inquiries into alleged criminal conduct, including corruption. The new law imposes stricter evidentiary requirements, introduces the risk of legal costs for unfounded complaints, and sets a two-year deadline for the transfer of evidence.

According to the Commission, these rules have drawn strong criticism from stakeholders for effectively closing off a critical mechanism of justice.

The procedure had long served as a legal tool for the public to prompt investigations into wrongdoing, particularly in the absence of executive or police action.

The report also highlighted a landmark ruling by the European Court of Justice in April, which found Malta’s controversial investor citizenship scheme in breach of EU law. The programme, commonly referred to as the "golden passport" scheme, was deemed to constitute the “commercialisation” of union citizenship, marking a definitive legal condemnation of the government’s efforts to attract foreign investment through passport sales.

Despite Malta increasing staffing and introducing new tools to support prosecutors, the Commission noted the country has still failed to achieve a “robust track record of final judgments” in cases involving high-level corruption.

The Permanent Commission Against Corruption (PCAC), created to receive and investigate reports, has not transmitted a single case to the Attorney General since its inception and received no new complaints in the past two years.

The Commission found that Malta made only limited progress in strengthening media freedom. Public service broadcasting continues to suffer from political appointments and editorial interference, while journalists and civil society still face numerous obstacles in accessing official documents. Although a law addressing cross-border SLAPPs (strategic lawsuits against public participation) was passed last year, domestic legal threats remain unaddressed.

The EU executive also flagged persistent delays in the justice system as a serious concern. Civil, criminal and administrative cases remain some of the slowest in the bloc, with backlogs continuing to grow. Malta’s judiciary remains under-resourced despite ongoing recruitment, and the number of judges and magistrates per capita is still among the lowest in the EU.

The report noted that constitutional changes aiming to increase judicial independence are still in progress. These include proposals for involving the judiciary in the appointment of the Chief Justice and removing the executive’s role in selecting members of specialised tribunals.

Justice Ministry welcomes EU Rule of Law Report, highlights reforms and progress

The Justice Ministry welcomed the report, stating it confirms the government's commitment to strengthening the justice sector and highlights key reforms implemented over the past year.

In a press statement, the ministry noted the Commission's continued recognition of high public trust in the judiciary and praised efforts to involve the judiciary in the appointment of the chief justice. It said this reform could not be enacted due to lack of support from the Opposition. 

The ministry also mentioned progress in court specialisation, improved capacity in prosecution and investigation, and the transposition of the EU's anti-SLAPP directive.

David Casa says government should not welcome report

Nationalist MEP David Casa reacted to the report on X, pointing out that it flagged no progress on high-level corruption convictions nor on protecting journalists. Moreover, there was no progress on implementing the public inquiry recommendations into Daphne Caruana Galizia's assassination. 

"For the government to welcome such an indictment is astounding ineptitude," he said.