The European Commission remains ready to support the Maltese government in its actions aiming to strengthen the rule of law, media freedom and the protection of journalists in Malta, Commission President Ursula Von der Leyen told Prime Minister Robert Abela in a letter.

The letter was written on 17 May – a week prior to the recently released Council of Europe’s Group of States against Corruption (Greco) report and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) delegation to Malta.

In the letter, seen by The Malta Independent on Sunday, she thanked the Prime Minister for bringing to her attention the appointment of the Committee of Experts on Media as a follow-up to the recommendations of the public inquiry into the assassination of journalist Daphne Caruana Galizia.

“Your commitment and that of the Maltese authorities to strengthen the country’s institutions, the rule of law and good governance is commendable,” she wrote. “I take note that many of the conclusions and recommendations of the Board of the public inquiry are being or have already been addressed. In this respect, I count on your determination to follow-up closely and in a comprehensive manner on the recommendations of the Board of the public inquiry.”

The EU Commission President highlighted the importance of the public inquiry, stating that it is of particular significance for Maltese society as a whole as well as for asserting European values more generally.

“I appreciate that you have set up a Committee of Experts on Media. I would encourage you to ensure a transparent and inclusive process as possible to accompany the ongoing reforms, including through a public consultation in line with European standards.”

She said that some of the public inquiry Board’s recommendations relating to media freedom correspond to the Commission’s recommendation on ensuring the protection, safely and empowerment of journalists and other media professionals in the European Union. “To achieve our common goal to protect European journalists and media professionals, it is important that all member states implement the provisions of this recommendation.”

In her letter, she mentioned the Commission’s initiative to protect journalists and rights’ defenders against abusive litigation, also known as Strategic Lawsuits against Public Participation (or Slapp).

“I would like to thank you for your support for the initiative and for your government’s contribution to dedicated public consultation. The anti-Slapp package, which consists of a legislative proposal and a recommendation, will be of direct relevance for the ongoing reforms in Malta. The Commission is also preparing the Media Freedom Act, a legislative proposal to protect media freedom and pluralism in the EU. A public consultation on this initiative was carried out at the beginning of the year and the Commission is currently looking into all the suggestions received. I trust I can rely on your important support and contribution to this initiative, which is planned for the third quarter of this year," Von der Leyen said.

“The Commission remains ready to support the Maltese government in your actions aiming to strengthen the rule of law, media freedom and the protection of journalists in Malta and is at your disposal to discuss legislative initiatives Malta would envisage on these matters. We thank the Maltese authorities and civil society for their participation in the recent country visit in the context of the annual rule of law cycle and we are looking forward to continuing this important dialogue on the rule of law and media freedom.”

The letter was sent to Prime Minister Abela, dated 17 May, just around a week before Malta again came under the spotlight. The first came when Greco published a compliance report on Malta on 24 May. Greco found that only two of the 23 recommendations in its most recent evaluation report published in 2019, were satisfactorily implemented. The report found that 12 recommendations have been partly implemented and nine have not been implemented.

Greco noted that further progress is necessary to demonstrate an acceptable level of compliance with the other recommendations within the next 18 months.

The second blow was when a delegation from the European Parliament’s LIBE determined that Malta’s “excruciatingly slow” justice system continues to impact the quality and efficiency of the way justice is brought about. The chairperson of the Committee, Sophie in 't Veld, said that the importance of ending the culture of impunity in the country is crucial for all member states of the EU, including Malta. In ’t Veld said it was “shocking and horrifying” to see there has still been no justice for the murder of journalist Caruana Galizia after four-and-a-half years. In ’t Veld also raised a number of concerns over the golden passport scheme.