2024 will not go down in history as a watershed moment for the strengthening of the rule of law in Malta as key concerns persisted, in the wake of little or no efforts to address endemic issues. 

This sentiment was expressed in a report compiled by Civil Liberties Union for Europe which is an NGO comprising a network of organisations across Europe including the Daphne Caruana Galizia Foundation. Its purpose is to analyse the situation and provide an independent analysis of the state of the rule of law in 21 countries.

Malta’s overall performance fell in the middle-of-the-road as it was deemed to be in “stagnation” – no progress or regression was reported. In other words, the criticism levelled against Malta was that key reforms were placed on the back burner for yet another year.

Justice System

The justice system in Malta remains heavily burdened with inefficiencies resulting in severe delays. Regulation of certain key players within the justice system is needed. Access to justice stands to be improved.

There has been no progress in involving the judiciary in appointing a Chief Justice. Lack of resources remains a problem. Investigations into corruption remain inefficient with limited success.

The report also flags the slow rate of proceedings especially magisterial inquiries with an estimated 1,600 cases still pending including one dating back to 1979.

Anti-Corruption Framework

Throughout 2024, government continued to delay the implementation of the Public Inquiry recommendations into Daphne Caruana Galizia’s assassination, as well as recommendations from the European Commission’s Rule of Law Report, the Venice Commission, and GRECO related to fighting corruption in Malta.

No effective measures have been introduced to address the length of high-level corruption investigations nor to prosecute the individuals involved. There are no prosecutions of high-level,

large-scale corruption and therefore no robust track record of final judgments. The report calls for the introduction of ‘unexplained wealth orders’ as a tool to fight financial crime, bribery and corruption. Meanwhile, reference was also made to cases of nepotism such as those involving former Minister Clayton Bartolo and incumbent Clint Camilleri.  From a wider perspective, it was pointed out that the financing of the two main political parties left much to be desired, as evidenced by the failure to submit their audited annual accounts in time as well as large donations from anonymous sources.

Media Environment and Media Freedom

In practice, there has been little progress in the area of media freedom. There are a number of

shortcomings in Malta’s transposition of the Anti-SLAPP Directive.  Concerns were also raised

on the obstacles faced by journalists to obtain information and documents on matters of public interest, as well as the media landscape. In the latter case, the report notes that certain media organisations have little bargaining power as a significant chunk of their revenue comes from State advertising.  As for the State broadcaster, the report highlighted instances of government interference or biased reporting meant to avoid placing the administration in bad light.

Checks and Balances

While, on paper, Malta has some checks and balances in place, many do not enable real action against or accountability for instances of wrongdoing. The government has ignored a number of recommendations made in this regard. There have been no developments since the previous Rule of Law Submission, and no laws were enacted in this regard in the 10 years since the launch of the 2014 reform of the judiciary.

Government officials continue to label anti-corruption journalists and activists as enemies of the State. This, in turn, negatively impacts public trust in independent media and civil society, the report said.

Click here to access the entire report.