Malta has registered progress in the implementation of the European Commission’s rule of law recommendations, however, it should increase its efforts to address shortcomings such as delayed final judgements, the European Parliament was told on Wednesday.
“Malta has taken steps to address certain issues but efforts are still needed to address several recommendations. When it comes to the justice sector, Malta took up one of the recommendations by starting an important reform process to involve the judiciary in the appointment procedure of the Chief Justice,” European Commissioner for Justice Didier Reynders said.
“At the same time however, efficiency of justice is crucial to ensure that the role of law is upheld and to strengthen the trust of citizens in justice systems. The commission has recommended Malta to take steps to improve the efficiency of justice – specifically to improve the level of human resources and the length of proceedings which remain far too long.”
Reynders was addressing a parliamentary debate on Malta’s “lack of progress in restoring the rule of law” seven years after the assassination of Daphne Caruana Galizia on October 16, 2017. Reynders said the commission expected the Maltese authorities and courts to do everything possible to ensure those responsible for the murder were prosecuted.
Listing Malta’s marked improvement and shortcomings, he said that when it came to anti-corruption, the island had taken measures to improve the capacity of certain investigative authorities such as the Attorney General and the Permanent Commission against Corruption.
“Although there was some progress, further efforts are needed to reduce the length of investigations of high-level corruption cases and to establish a robust track record of final judgement as the commission recommended.
“Moreover, the anti-corruption recommendations issued following the publication of the public inquiry into the assassination of Caruana Galiza have not yet been implemented.”
When it comes to media freedom, he said that while some progress had been registered in the consultation process about safeguarding the working conditions of journalists, no legislative measures had yet been adopted and there had been no progress on reforming the regime regulating access to official documents.
He added Malta was also being urged to increase its efforts in enhancing the editorial independence of the public service media.
“We cannot enjoy freedom and democracy without an independent media landscape and the protection of journalists. Malta has made progress in certain areas and the commission encourages it to do the same with regards to recommendations that require further improvement,” he said, adding the commission was willing to support Malta in the implementation of its recommendations.
Addressing calls from MEPs - including PN’s David Casa and Peter Agius – to put words into action, Reynders later told parliament that the commission remained in discussion with member states’ authorities and civil society to ensure its recommendations were implemented.
He noted, among others, that while Malta was the first country to transpose the EU’s anti-SLAPP directive, the commission – aware of civil society’s criticism - was monitoring the way the directive was being implemented.
He said that the commission did not hesitate to implement infringement proceedings, such as it had done with the Golden Passports scheme.
Earlier, Casa insisted that impunity was still rampant in Malta, claiming the government corrupted everything it touched.
“We need action, not further reports… We have had enough of a commission that speaks only - we need to see the commission taking action,” he said.
Similarly, Peter Agius called on the commission to “remove the velvet gloves and ensure that in Malta we have rule of the law and freedom of the press for real”.
He also called out the Maltese government for wanting to introduce criminal libel offence: “unbelievable – they want to imprison journalists but protect corrupt politicians”.
‘There are first and second-class journalists’
PL MEP Alex Agius Saliba meanwhile called out the parliament for its “hypocrisy and double standards”.
While parliament was on Wednesday holding the 15th debate on the murder of Caruana Galizia - “because the EPP feels that by doing so it can attack the Maltese socialist parliament” - the parliament remained “silent, deaf and mute” about the massacre of 140 journalists in Gaza and Lebanon that took place over the past year.
“There were no debates or discussions. The message by this parliament is that there are first and second-class journalists," he said.
Fellow PL MEP Daniel Attard similarly called out the parliament’s silence about the murdered journalists in the Middle East.
“Nothing can ever justify the murder [of journalists], but the debate has turned into a political exercise to shame Malta… Speak about Malta by all means but for the sake of fairness let’s also speak about how this parliament gave a vote of confidence to those who today are accused of crimes against humanity.”
PL MEP Thomas Bajada meanwhile insisted that journalism was an integral part of the rule of law.
He acknowledged that while Malta was the first country to adopt the anti-SLAPP directive, there was always space for improvement to ensure freedom of speech was not threatened.
Bajada separately urged the EU to protect journalists “by promoting factual and dignified journalism, which is under threat in a global context”. Among others, social media could increase the risk of misinformation, he added.
“In the context of artificial intelligence, our efforts must look at new realities so that the truth is conveyed and so that truth can be our justice.”