Rule of law NGOs urge EU to keep Malta's justice system under scrutiny

Rule of law NGOs urged the European Union to continue focusing its attention on the challenges faced by the justice system in Malta.

During a meeting with European Commissioner for Justice and the Rule of Law Michael McGrath, representatives of aditus Foundation, Repubblika and the Daphne Caruana Galizia Foundation raised concerns about a justice system that “remains costly and excessively slow”  for victims and their families, despite repeated commitments to reform.

They highlighted the continued lack of digitalisation in the courts, despite EU funding specifically intended to improve the efficiency of the justice system.

“We also expressed concern about the difficulty of accessing data on criminal court proceedings in Malta, which makes it challenging to assess progress and identify persistent shortcomings,” the NGOs said.

They called for the inclusion of criminal case data in the EU Justice Scoreboard to facilitate greater transparency and more effective monitoring of the performance of Malta’s courts.

On the appointment of the Chief Justice, the NGOs insisted this should be determined by members of the judiciary rather than politicians, “thereby strengthening public confidence in the independence and impartiality of the courts”.

They also highlighted the “missed opportunity” to strengthen the independence of quasi-judicial tribunals with the creation of a tribunal system that “truly respects the rule of law”.

The organisations raised concerns about the government’s failure to implement the recommendations of the public inquiry into the assassination of Daphne Caruana Galizia.

“Nearly five years after the publication of the Inquiry's report, many of its recommendations remain partly or unimplemented, reflecting a continued lack of political will to address the systemic failures identified by the Board,” the NGOs said.

They stressed that the full implementation of the recommendations is “essential” to strengthening rule of law, combating corruption and protecting journalists in Malta.

The organisations also expressed concern at the “weakening” of Malta’s anti-corruption framework, such as the removal of the right of individual petition to the criminal court to initiate magisterial inquiries, the termination of criminal prosecutions for money laundering on the basis of backroom tax settlements, and the weakening of asset freezing in money laundering cases.

“This continues to exacerbate Malta's long-standing failure to secure convictions in high-profile cases of corruption,” the NGOs said.

They also raised their concern about “the near-inexistent” engagement between Maltese authorities and civil society, particularly in view of the outstanding recommendation by the EU Commission for improved public participation in the making of Maltese laws.

Malta reaffirms commitment

In his informal meeting with McGrath, the Justice Minister Clifton Grima reaffirmed Malta's commitment to "continue strengthening the justice system, not only as an institutional priority but as a central pillar of the rule of law, democracy and public trust".

The exchange provided an opportunity for Malta and the European Commission to deepen dialogue on justice-related priorities and to discuss the way forward in a constructive spirit, a Justice Ministry statement said.