During the past years, we have strived to provide a better and improved justice sector.

This intrinsic pillar in our democracy is being strengthened through the introduction of better services and reforms, which in turn help in the increase of efficiency and affectivity within this sector.

Key reforms

The list of key reforms we undertook is endless. However here are the main ones.

In June 2013, a law concerning the removal of the notion of time-barring by prescription over corruption offences committed by politicians entered into force.  This Act effectively abrogates the possibility of ministers, parliamentary secretaries, MPs, mayors and councillors to use time barring by prescription in those instances. 

This law was introduced at the beginning of the legislature. This was a huge step forward for our country to the bid of better strengthening our European democratic credentials.

 Another crucial reform that was introduced during the past years was the regulation of political party financing. Through this new piece of legislation political parties are bound to submit the party’s audited financial accounts within four months of the end of the financial year and a tri-annual donations report, within sixty days of their reporting period. The Electoral Commission will then make a copy of the statement available for public inspection. Whilst this law regulates all the registered parties in the same manner, irrespectively of the party dimensions, it also strengthens political transparency and honesty as it provides a limit of how much a party can receive donations from the same source on an annual basis. GRECO praised this law, and they described it as an important milestone, which will increase our country’s transparency.

The Justice Sector’s Constitutional Reform in 2016 was yet another historic one for our county, which aided to more strengthening of the independence of the judicature. This was based on 3 fundamental pillars: transparency in the appointment of the judiciary; the accountability of the judiciary; and improving conditions of the judiciary.

This led to the setting up of 2 sub-committees of the Commission for the Administration of Justice to be styled as the Judicial Appointments Commission which advises on judicial appointments and the Committee for Judges and Magistrates,  which conducts disciplinary proceedings in respect of members of the judiciary.

 The law pertaining the regulation of public appointments entered into force in February 2018. This law provides for pre-appointment parliamentary hearings, undertaken by the Committee on Public Appointments with respect to important public appointments to Ambassadorships and to leading roles in regulatory authorities. This strong measure advocates transparency and the strengthening of good administration and is yet another example of good governance and the strengthening of the rule of law, since the Government has removed its absolute power to carry out leading role appointments and placed it in the hands of the Committee, made up of the Government and Opposition.

Just last month, Malta was confirmed to be the 22^nd Union Member State to join in on the establishment of the European Public Prosecutor’s Office.  This decentralised European investigative and prosecution office will be responsible for investigating, prosecuting and bringing into judgement the perpetrators of, and accomplices in, criminal fraud offences affecting the Union’s financial interests. It safeguards the economic interests and ensures that Union funds are employed for the achievement of social and economic purposes for which they are intended. This will ensure progression to a higher level of police and judicial cooperation in Europe to the benefit of justice, peace and security.

 In accordance with European Union Directives and after having previously legislated in favour of the setting up of the Asset Recovery Bureau, this Government has recently brought into force all the remaining provisions under the Asset Recovery Board Regulations. All of this gives the said Bureau more powers to be able to perform more functions in the fight against organized crime.This Government is committed to ensure that the Asset Recovery Bureau is given the necessary powers in order to start working in an effective manner. Therefore, now the Bureau will be empowered to take control amongst others of assets and property derived from criminal activity, in the bid of managing the said assets in a way which is beneficial to the community. Now the Bureau will be entrusted with the proper and efficient tracing, collection, storage, preservation, management and disposal, either in whole or in part, of proceeds of crime or property.

 All of this brings me to one of the much-anticipated reforms- the media and defamation law, which entered into force in April 2018. This Act has updated and re-written Maltese law on libel and slander in a manner which strengthens respect for the right to freedom of expression in a substantial manner. This government truly believes in the right of freedom of expression, which is the basis of any media-related activity and is also one of the main pillars of a democratic system.

 The Whistleblower Act, provides for procedures in terms of which employees, in both the private sector and the public administration, may disclose information regarding improper practices by their employers and other employees and to protect employees who make said disclosures from detrimental action. The legislative situation in Malta is in itself quite advanced when compared to other Union Member States that either have no horizontal whistleblower protection enactment or else are still discussing such rules at national level. These laws – and most notably the “blanket immunity” provided – were recently described as “the strongest in the world”. Malta has also ranked the 2nd best in all the European Union countries when it comes to this law.

Court of Appeal (3^rd Chamber)

Legal mechanisms were recently introduced for the functioning of the Court of Superior Appeal’s Additional Section. Due to the positive results achieved in efficiency registered in the Civil Court of First Instance, the need to introduce new legal mechanisms to increase efficiency at the Court of Appeal stage was felt. 

Thanks to a Legal Notice issued just this week, the Government has introduced a new legal framework which enters the Court of Appeal (3^rd Chamber) into force. A new section has been introduced with the aim of reducing waiting time of court cases within the Court of Appeal.

The Court of Appeal used to comprise two sections, each with three judges and chaired by the Chief Justice. The 3^rd Chamber will also be made by three judges but not chaired by Chief Justice, but will be presided by another Senior Judge, to ensure that  further hearings can be held. However, the assignment of duties is to be carried out solely and entirely by the Chief Justice.

Thus this new section can really speed up the process and appeals are appointed in a faster manner. This will consequently lead to a more efficient and better service provided to our community within our courts of justice.

 All of these reforms within the justice sector are all being done to keep on strengthening our rule of law thanks to newly introduced measures and acts, whilst safeguarding our citizens’ needs and rights. Our commitment is to keep on providing the best of the best to our community for a better quality of life and a brighter future.