The Malta Independent 26 April 2024, Friday
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Malta asks Council of Europe body to aid in review of legal and institutional structures

Saturday, 13 October 2018, 15:06 Last update: about 6 years ago

The Maltese government has asked the Venice Commission to aid Malta in conducting a review of the country's legal and institutional structures.

The European Commission for Democracy through Law - better known as the Venice Commission as it meets in Venice - is the Council of Europe's advisory body on constitutional matters. The role of the Venice Commission is to provide legal advice to its member states and, in particular, to help states wishing to bring their legal and institutional structures into line with European standards and international experience in the fields of democracy, human rights and the rule of law.

The Government has published a letter sent by Minister for Justice, Culture and Local Government Owen Bonnici to President of the Venice Commission Gianni Buquicchio today.

This letter follows a meeting held between the Government of Malta and a representation of the LIBE committee at the European Parliament last month.

In the letter, the Justice Minister says that "over the past months, law enforcement, investigation and prosecution setups of Malta have been the object of criticism, alleging they lack effectiveness and independence."

"These structures are not based on a model which is unique to Malta, but Malta is open to a process of Constitutional reform which may update these structures as may be necessary in order to ensure compliance with common European standards and approaches."

"In light of the above, the government of Malta would like to seek the assistance of the Venice Commission in particular to conduct a review of Malta's legal and institutional structures of law enforcement, investigation and prosecution in light of the need to secure proper checks and balances, and the independence and neutrality of the institutions and their staff, whilst also securing their effectiveness and democratic accountability," the letter read.

"We look forward to a positive reaction to our request and we remain at your disposal for any preparatory work of clarification as may be required."

A government statement accompanying the letter read that "during the past legislature and the present one, a substantial number of reforms were undertaken to strengthen the rule of law - these include a law deleting time-barring by prescription on claims of corruption by holders of political offices, a whistle-blower protection act, a party financing legislation, a new Parliamentary oversight mechanism on appointment of Chairpersons of main regulatory authorities and non-career Ambassadors, Constitutional reforms for the creation of a Judicial Appointments Committee, and reforms in the field of artistic and journalistic freedom of expression," the government statement read.

"Malta also joined the European Public Prosecutor's Office. Most of those reforms were implemented for the first time in our history as a nation. The Government is open to bona-fide dialogue with all international institutions to implement further reforms for a better justice system and a stronger rule of law."

 


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