Updated 7.45pm with PL reaction
NGO Repubblika has filed a judicial protest against a government bill to reform magisterial inquiries on grounds it breaches citizens’ rights, EU law and the constitution.
The judicial protest argued that allowing citizens to request a magisterial inquiry is crucial in a country where the police have continuously failed to investigate corruption crimes.
It added that if it were not for this system, then corruption proceedings against former prime minister Joseph Muscat, former chief of staff Keith Schembri, and former minister Konrad Mizzi would not have happened.
It highlighted the ongoing corruption proceedings linked to Allied Newspapers, the Vitals/Steward hospitals' concession agreement and the Electrogas scandal.
In Parliament on Wednesday, there was a majority vote to pass the magisterial inquiry reform bill to the committee stage. The Nationalist Party voted against the bill.
Should the bill become law, citizens will no longer be able to directly request a magistrate to open an inquiry but will first have to approach the police.
If the police do not take action, citizens can then take their case to a judge, who will decide if an investigation is merited. The amendments also require more proof to open an inquiry.
Repubblika cited European law stating that each member state is obliged to safeguard the rule of law and to follow the principle of non-regression. This principle means a member cannot introduce laws that weaken the rule of law.
The NGO argued that the reform breaches all of these points.
It added that Malta’s constitution clearly states that Parliament must create laws that adhere to European Law, therefore, leading the bill to be in breach of the constitution as well.
“Access to justice is an essential element for the protection of justice and, therefore, for the protection of the rule of law,” the judicial protest signed by lawyer Jason Azzopardi said.
'Extremists have taken control of the PN': PL
In a statement, the PL said the reason behind the "extremist NGO" Repubblika's "crusade" against the reform was to use the tools of justice to commit injustice against citizens.
"They want any type of allegation, whatever it is and wherever it is made, as Bernard Grech confirmed on Wednesday, to be used to wreak havoc on people's lives.
"And in yet another demonstration of gross double standards, the extremist faction wants that - in the case of magisterial inquiries - a person with any allegation immediately goes to a magistrate, not to the Police. But then, when the judiciary decides the opposite of what they want, they attack it mercilessly, as they have done in the past few hours."
The PL added that the author of the judicial protest - Azzopardi - had launched an unprecedented attack on two magistrates.
"The mask has long since fallen. Their interest is not that justice be done and done fairly, but to crucify people," the party added.
"A hysterical and extreme position that the people have rejected and will reject again. The extremists have taken absolute control of the Nationalist Party and are suffocating it."