The European Parliament’s largest political group has called on the head of the European Commission to investigate “worrying” recent developments in Malta’s justice system.
In a letter to Commission President Ursula von der Leyen, the European People’s Party (EPP) said it was “increasingly alarmed” by the state of Malta’s justice system and the “backsliding” of rule of law in the country.
Criticising the government’s controversial bill to reform magisterial inquiries, one it said would “severely curtail” the rights of citizens, the EPP said that if adopted the bill would constitute a “significant retrograde step” in rule of law in Malta.
“All arraignments on high-profile corruption in Malta so far have been triggered by individual citizens or civil society in the face of institutional inaction. Now, the government wants to take away this right in a bid to entrench the culture of impunity,” it said.
The EPP said the development took place in the “very worrying” context of alleged murder mastermind Yorgen Fenech being granted bail and the arraignment of Fenech and former government officials on corruption charges related to the Electrogas power station.
It also pointed to the rise of “disturbing rhetoric by government exponents,” seemingly in reference to Prime Minister Robert Abela and other government officials’ shadowy warnings about a so-called “establishment” last year.
The EPP is a centre-right group in the European Parliament and includes Malta’s Nationalist Party, France’s Republicans and Germany’s Christian Democratic Union (CDU), among others.
'Compelled' to contact Commission president
The political group said recent developments had “compelled” it to contact von der Leyen, a member of the EPP, who it asked to “intervene as a matter of urgency” – without specifying which actions it believed should be taken.
“We are calling upon you to urgently look at this matter and take the necessary measures to protect the rule of law,” the EPP wrote.
This is not the first time the government has faced criticism for its magisterial inquiry reform bill; last week, former chief justice Silvio Camilleri warned the new bill would “only serve to shield politicians and their persons of trust from investigation.”
The proposed bill will prevent private citizens from immediately requesting a magisterial inquiry, forcing them to instead file a police report and wait six months before petitioning the courts – where a judge will decide whether the inquiry should proceed.
It also places stricter provisions on what can be used to trigger an investigation, with only evidence admissible in court able to be used. The bill sparked a heated debate when heard in parliament earlier this week.
Meanwhile, last week Fenech, former chief of staff Keith Schembri and ex-minister Konrad Mizzi all pleaded not guilty to a raft of serious criminal charges linked to the Electrogas power station project.
The case was instigated by a magisterial inquiry into 17 Black, an offshore company owned by Fenech it is alleged he intended to use to funnel millions of euros to Schembri and Mizzi via secretive offshore structures in Panama.
At the time, Fenech was leading the Electrogas consortium that won a €450 million deal to build and operate a gas-fired power station in Delimara. Mizzi was energy minister and Schembri was chief of staff for former prime minister Joseph Muscat.
Fenech was released on bail last week to await trial for his alleged part in the murder of journalist Daphne Caruana Galizia.
Ahead of the elections last year, warning his supporters of a possible “attack” from the “establishment”, Abela declared he was “not scared of their holy war”.
The letter to von der Leyen was co-signed by EPP chairman Manfred Weber, vice chair Tomas Tobe and head of national delegation David Casa.