A number of reforms needed to weed out corruption in Malta have still not been adequately implemented, according to the Council of Europe. 

A follow-up report published on Monday by the Group of States against Corruption, ‘Greco’ for short, says that while a number of reforms have been introduced, Malta has still not adequately addressed five of nine proposed reforms in the fight against backroom deals and other abuse by politicians, judges, and prosecutors.  

Greco is the Council of Europe’s anti-corruption body and has been engaging with Maltese authorities for a number of years to ensure loopholes are closed and grey areas addressed.  

In its 2019 report, the group had warned that Malta’s criminal justice system was at risk of paralysis. Since then, Prime Minister Robert Abela has rolled out a series of reforms aimed at addressing the situation.   

The new addendum to Greco's compliance report deals with “corruption prevention in respect of members of parliament, judges and prosecutors”.

It was drafted by two rapporteurs appointed by Greco, one from the US and another from Bosnia and Herzegovina. 

Parliamentarians’ ethics

On MPs, Greco notes that while a proposed draft code of ethics has been initiated by Standards Commissioner George Hyzler, it has still not been fully adopted.

There is also need to ensure appropriate supervision and enforcement of rules on declaration of assets, interests and outside activities, the report says. 

Furthermore, a reform on confidential counselling for MPs on ethical questions, conflicts of interest and financial declarations still needs to be established. 

The authorities should also enhance their efforts to provide regular awareness-raising and other activities for parliamentarians on the prevention of corruption and the promotion of integrity in their line of duty.

In their reply, the Maltese authorities argued that the mere mention of an MP in a critical report by Hyzler constituted “repetitional damage” and should therefore be viewed as having a dissuasive effect.

Judiciary’s training and social life

On the judiciary, Greco welcomed the fact that disciplinary proceedings, including the dismissal of judges, are no longer within the sole competence of parliament. 

That said, an induction training programme for newly appointed judges still needs to be implemented. 

This, Greco says, should cover judicial ethics, and a regular in-service training programme, targeted guidance and counselling on corruption prevention and judicial ethics. These courses should be offered to various professionals of the courts including judges, magistrates, and adjudicators of boards and tribunals.

In its replies to Greco, the Maltese authorities said that a new Judicial Studies Committee is to cover the topic of judicial ethics in a yearly training programme. 

The government also informed Greco that, following a recent public call to recruit new members of the judiciary, a compulsory induction training programme was drafted. This will cover judicial ethics, as well as other aspects of professional and social life of a judge.

Greco said it “takes note with satisfaction” the measures taken to strengthen the system of judicial independence and accountability.  

Making the Commission for the Administration of Justice in charge of judicial discipline procedures and discontinuing the involvement of parliament in the dismissal of judges was seen as a positive step. 

However, no tangible steps have yet been taken to improve the transparency of such procedures in the judiciary.

Greco concluded by requesting that Malta report back by no later than March 2022.