The Malta Independent 24 April 2024, Wednesday
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Incoming caseload overshadows efforts to expedite court cases

Thursday, 8 June 2023, 15:15 Last update: about 12 months ago

Data indicates that even though the number of resolved court cases increased in 2021, the increase in the incoming caseload overshadowed the efforts being put forward by the judiciary to expedite cases.

The data was revealed in the European Commission’s Justice Scoreboard 2023, which presents an annual overview of indicators on the efficiency, quality, and independence of justice systems across the member states of the European Union. The EU JS23 is based on the data of 2021, which is the year in which Malta was transitioning out of the Covid-19 global pandemic, a government statement said.

Despite the fact that the Law Courts were not operating at full capacity due to the transitional year from Covid-19 pandemic measures, Malta registered a significant decrease of 15% in the estimated time to resolve litigious civil and commercial cases, as well as a decrease of around 50% in the length of proceedings of money laundering cases when compared to 2019.

But the data indicated that even though the number of resolved cases increased over the period of one year, the increase in the incoming caseload overshadowed the efforts being put forward by our judiciary to expedite cases. The Ministry of Justice said it is indeed aware of this fact and has been proactively recruiting more judiciary in order to address the incoming caseload more efficiently. In fact, between 2021 and 2023, the judicial bench increased by 10 members which translates into a 23% increase.

The ministry said it welcomed the focus of the scoreboard on vulnerable groups as this is in line with a new reform that the Ministry is embarking upon, that which sees a more accessible justice system to all, with a focus on vulnerable groups within our population. In fact, the Ministry already started cooperating more closely with representatives of select vulnerable groups and studying ways of improving their access to justice, including such groups as children, the elderly, and people with disabilities within the justice system

This scoreboard attests to the investment that the current administration is making in the justice system. Not only have we increased the number of the judiciary, but the overall financial input within the courts of justice has also increased significantly. In fact, Malta is the country with the highest increase in total government expenditure in the law courts per inhabitant between 2020 and 2021.

The Ministry said it is appreciative of the fact that as a result of the independent Eurobarometer studies carried out at the beginning of this year, both the general public and commercial companies have unequivocally given a vote of confidence to the independence of our justice system. In addition, Malta has ranked topmost amongst EU member states in the perception amongst companies of the effectiveness of the investment protection, an aspect which is at heart of the relationship between a healthy and strong justice system and the ability of the country to attract direct foreign investment. This is the ultimate test to the strength of the rule of law in Malta. 

With respect to the legislative and regulatory initiatives the EU JS23 has noted the momentum of reforms that Malta is adopting especially in procedural law, the use of ICT and artificial intelligence in the justice system as well as rules for public prosecutors. The Government is already working on other landmark reforms, including the recently launched compilation of evidence process reform. the creation of a specialised section for magisterial inquiries, the family court reform that will see process and procedural improvements in the civil and criminal spheres of family justice and the digital justice reform with a €10 million RRF commitment. On the latter, the scoreboard already shows that Malta is well-placed in providing digital solutions within its justice system and there are other solutions which are in the pipeline to be implemented.

Minister for Justice Jonathan Attard stated that this report shows that Malta is starting to bear the fruits of the landmark and courageous reforms that the Government is implementing, and that the government will continue to invest in the infrastructure and human resources to achieve the best possible results and ensure that justice is not only done but manifestly and undoubtedly be seen to be served in a reasonable time.

 

 

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