Updated 11.15pm
Partisan bickering “is leaving all of us bruised and citizens alienated”, Labour MEP Cyrus Engerer warned on Monday as the European Parliament debated the state of Malta’s rule of law.
Malta has yet to heal from political divisions rooted in its past, Engerer said as he called for people to “fight partisan hate together”.
The EP debate was held one day after Malta marked five years since journalist Daphne Caruana Galizia was assassinated, sparking enhanced scrutiny of the country's democratic safeguards.
Apart from MEPs from different political groupings, it also saw EU Justice Commissioner Didier Reynders weigh in.
MEPs will on Thursday be asked to vote on a resolution focused on the issues discussed during Monday's debate.
Engerer, who replaced Miriam Dalli in the European Parliament in 2020, is well acquainted with the partisan nature of Maltese politics: first elected to Sliema’s local council on the PN ticket, he switched to Labour in 2011.
He told the EP plenary that when he turned up for the vigil held in Sliema hours after the assassination of Caruana Galizia, he realised that “due to partisan political reasons", he and his friends "were not welcome there”.
“Our challenge is to fight hate, classism and the belief that opinions are superior to others. Justice for Daphne is being done in our courts, however, to honour her we need to open hearts, open minds and fight partisan hate – together,” he said.
Engerer’s speech followed an address by fellow Maltese MEP David Casa.
In his brief speech, Casa said Caruana Galizia’s story was a reminder of the risk journalists faced when governments dragged their feet and ignored journalism in the face of evidence of corruption or crime.
“Complete justice still hasn’t been served. Since she was killed for exposing criminality, on this front, we are still lagging behind. The murderers were caught - now it is the turn of politicians and officials who played their role," he said.
"We now have to focus on the mastermind who planned the assassination. Daphne deserved better. The Maltese and Gozitan people deserved better”.
Manfred Weber, who leads the European People's Party grouping that Casa forms part of, called on the Maltese government to shoulder its responsibility for Caruana Galizia's assassination and stop impunity once and for all by letting the institutions work freely to deliver justice.
S&D MEP Thijs Reuten meanwhile warned that “only when we keep our independent media safe, our democracies will be healthy”.
'Muscat, you need your lawyers for more urgent matters'
Sophie in 't Veld (Renew Europe) urged former prime minister Joseph Muscat to tell his lawyers not to write to MEPs telling them what they could and could not say.
"I believe you need your lawyers for more urgent matters than writing letters to MEPs, telling them what they can and cannot say."
Her comment was a reference to a letter by lawyers Pawlu Lia and Charlon Gouder who objected to remarks by the parliament's civil liberties committee that Muscat continued to enjoy impunity from prosecution.
For Labour MEP Alfred Sant, the resolution presented in parliament on Monday echoed the messages of "right-wing splinter groups which disparaged the Malta government on all fronts".
Reform measures in Malta, he added were being carried out in a democratic and open process.
“Those responsible for Caruana Galizia’s murder have been hunted down and brought to justice within timeframes. That competes reasonably well with what happens elsewhere in Europe,” he said, adding that Monday's resolution and debate brought no value-added to the process, and did not reflect well on the “objectivity and common sense” of the House.
Fellow MEP Alex Agius Saliba meanwhile said he was still waiting for a debate and resolutions in the European Parliament on murders of other journalists in the EU.
He said the Maltese government was “never arrogant – it listened, dialogued and undertook proposed reforms”.
The last Maltese MEP to address the debate, Josianne Cutajar said it was those who “choose an impartial and objective perception who recognise the process being done” in Malta.
Commission pushes for media reform consultation
The debate was opened by EU Justice Commissioner Reynders, who made reference to Malta’s citizenship by Investment programme, noting the Commission considered such schemes incompatible with EU law.
The granting of a state’s nationality and EU citizenship in exchange for payment or investment was not compatible with the principle of sincere cooperation, he said.
He also referred to the proposed media reform in Malta, noting that “effective consultation with civil society, journalists and media experts is crucial”.
What will MEPs be voting for?
The draft resolution flags concern over the Maltese government's lack of public consultation on the proposed reform, calling on the authorities to secure a broad public consultation in particular about the restriction on the use of SLAPPs.
The proposed resolution also notes that no solution has been found for the appointment of a new Ombudsman and no women have been appointed as commissioners for administrative investigations.
It calls on the Maltese authorities to create an anti-deadlock mechanism for parliamentary appointments and to work towards the establishment of the Human Rights and Equality Commission in line with the Paris Principles and EU equality acquis.
An initial draft of the resolution acknowledges progress in the Caruana Galizia murder case but expresses alarm about the failure to prosecute Pilatus Bank officials and "grave concern" about Malta's reluctance to cooperate with the European Public Prosecutor's Office, among other things.
It also calls on Malta to revise its media law framework, saying obstacles to media freedom and pluralism persist.
The draft resolution was signed by MEPs from all major political groupings, including four from the Socialists&Democrats grouping that Maltese Labour MEPs form part of.
MEPs had until 7pm on Monday to submit amendments to the draft resolution.
Those who tried to cover it up must face justice: Metsola
Opening the plenary session earlier, parliament president Roberta Metsola said the European Parliament will always stand on the side of truth seekers and democracy.
"This Parliament has been at the forefront of calls for justice, for respect for the rule of law and for media freedom. For the last half a decade, we have stood with Daphne’s parents, sisters and children. We have legislated, we have demanded answers, and we have scrutinised," she said.
"Daphne Caruana Galizia was an extraordinary journalist and a fierce fighter for democracy. Those responsible for the crime, those who let it happen and those who tried to cover it up must face justice.
Metsola added that on Sunday, as President of the European Parliament, she promised thousands who gathered in Malta five years after Caruana Galizia's assassination that the House will channel grief into determination to ensure better laws for all, justice for those involved in her murder and justice for the stories that she brought to light.
"So from here let me say again: European Parliament will always stand on the side of truth-seekers. On the side of democracy. On the side of our values."
The European Parliament is this week reviewing the development into the investigation of the journalist’s assassination.
Parliament has followed closely the Maltese authorities’ response to the murder and rule of law shortcomings it revealed in the judicial system, the protection of journalists, corruption and the country’s citizenship and residence by investment schemes.
Civil Liberties Committee MEPs travelled to Malta in May to assess progress in the investigation and trials, as well as the political reforms.
Following its visit, the delegation had expressed concern about impunity afforded to key figures in the Joseph Muscat administration, including the former prime minister himself, his chief of staff Keith Schembri, and minister Konrad Mizzi.
The MEPs had said in a report that the trio remained "unprosecuted for serious and substantiated evidence of corruption", as seen through NAO and FIAU reports and evidence published by the late journalist Daphne Caruana Galizia.
That report followed another one by the European Commission urging Malta to reduce the time it takes to conduct high-level corruption investigations and complete court proceedings.
The Commission had observed that the efficiency of justice in Malta, in particular the length of proceedings, had deteriorated further.
"It is recommended to Malta to strengthen efforts to improve the efficiency of justice, particularly to reduce the length of proceedings," the Commission had said, also calling on the island to address challenges related to the length of investigations of high-level corruption cases.
In a similar fact-finding mission in 2019, a delegation that included now-EP president Metsola, had raised concerns about the integrity of the investigation into the murder.
They had said the political crisis, which had seen hundreds of protesters taking to the streets following revelations involving top people close to Muscat’s office, had been made worse by the prime minister’s decision to remain in office despite calls for him to go.