EU rule of law report welcomes judicial reforms but flags court delays

Updated 6.50pm with reactions

A new EU rule of law report has welcomed a reform to establish a standards commissioner for the judiciary, but described Malta’s under-resourced and slow courts as an ongoing concern.

The report, published by the European Commission on Tuesday, traces Malta’s efforts to address shortcomings identified in several previous reports, finding that it has made “some further progress” in some areas, but has failed to take any action in several others.

The report praises a recent parliamentary bill aimed at reforming the justice sector by, among other things, establishing a standards commissioner for the judiciary and involving the sitting Chief Justice in appointing their successor

Parts of the bill were approved in parliament last month, although not without a fair share of controversy.

The report also welcomed several steps which have been taken to reduce the length of court proceedings, including moves to set up a new Commercial Court and Family Court.

Nevertheless, Malta’s court delays remain a major concern, the report says, citing several examples. Civil and commercial cases in Malta take longer than almost anywhere else in Europe, the report’s authors say, while the backlog of pending cases remains on the rise.

And, despite recent recruitment drives, “the need to swiftly increase resources in the judiciary remains”. Malta still has fewer judges and magistrates per person than any other EU country, the report says.

Malta also faces a widespread perception of corruption, the report says, noting the country’s slide in the Corruption Perceptions Index in recent years.

And despite taking steps to shorten investigations into high-level corruption by increasing the resources of investigative bodies, “the number of final judgments in corruption cases remains low”.

The report also calls on authorities to tighten rules governing the integrity and behaviour of politicians and high-level officials. These include clear rules on lobbying, a stronger code of ethics and standards for persons of trust, the authors say.

Authorities should also do more to safeguard the working environment of journalists, with the report flagging “limited progress” in enabling access to official documents.

Government: Report notes 'significant improvement'

In a statement, the Justice Ministry said the report "highlights various noteworthy and significant developments that have occurred in Malta over the past year to strengthen the rule of law." 

Justice Minister Jonathan Attard said the government had an "unwavering dedication to reinforce the rule of law in Malta" and was committed to further good governance reforms. 

PN MEP David Casa heaped scorn on that statement, noting the lack of progress registered in key areas assessed by the Commission. 

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