Former Labour justice minister Joseph Brincat has written an open letter to the European Parliament following the EP’s resolution on the Rule of Law in Malta.

In the letter, which was also copied to the local press, Brincat asks whether the European Parliament intends to investigate and debate issues concerning rule of law and possible money laundering in other countries, or whether the parliament is willing to put its own MEPs under the spotlight.

“When is the European Parliament going to put the concern about Rule of Law in Germany into a resolution and debate?” he asks, explaining in detail how members of the judiciary are appointed in Germany.

“Considering that Germany's more than 20,000 judges are not "bound by directives." Germany's federal states…choose judges. Federal judges are selected on a "best choice" principle, as set forth by the constitution. In practice, judge selection is as transparent as a black hole,” he adds.

The resolution which was strongly approved by the EP on 15 November noted that “the independence of law enforcement and the judiciary in Malta may be compromised by the fact that the government is empowered to appoint the Police Commissioner, the head of the FIAU and the Attorney-General.” The debate on Malta’s rule of law came about after the tragic murder of journalist Daphne Caruana Galizia. After the debate, President Antonio Tajani inaugurated the Strasbourg press hall named after Daphne Caruana Galizia.

Joseph Brincat then goes on to explain his views about the European Parliament and its concern on practices which may lead to money laundering.

“Noticing the reluctance of the European Parliament to reveal the expense accounts of MEP’s which runs into millions and which requires transparency as these are not about how an MEP uses his salary,  which is in his discretion.  There were allegations of fraudulent use and accomplices of MEP’s may indeed be laundering money under the shield of the protection of the European Parliament,” the former minister said.

“When is the European Parliament going to come clean and justify the expense accounts of its members? This is also a part of democracy as the principle has always been “no taxation without representation” and consequently “no public expenditure without transparency and control.”

Lawyer Joseph Brincat served as Minister for Justice, Lands and Parliamentary Affairs between 1979 and 1981.