A rule of law report by the European Commission has recommended that the government further strengthen efforts to improve the efficiency of justice including by providing additional resources, particularly to reduce the length of proceedings.
The 2024 Rule of Law Report presents a synthesis of both the rule of law situation in the EU and an assessment of the situation in each Member State and enlargement countries.
The report highlights that, despite some improvements, the length of proceedings remains a concern. "According to data in the 2024 EU Justice Scoreboard, in 2022, the disposition time for first instance civil and commercial cases, even though it decreased by 38 days compared to 2021, remained among the lengthiest in the EU."
"According to the Council of Europe European Commission for the efficiency of justice (CEPEJ), in 2022, the disposition time for first instance criminal cases recorded a decrease, being equal to 527 days against 566 days in 2021." It also said that the backlog of pending cases has continued to deteriorate.
The report did note, however, that there has been "some further progress" in pursuing efforts to improve the efficiency of the justice system "The 2023 Rule of Law Report recommended to Malta to 'further strengthen efforts to improve the efficiency of justice, particularly to reduce the length of proceedings."
Among a number of other things, it mentioned that the Government launched a public consultation on the reform of the compilation of evidence, and that a recent revision of the procedural rules before the Courts of Appeal - which enables cases to progress to judgement through a written procedure - led to a significant improvement of the efficiency of the Courts of Appeal. It also mentioned among other things that in 2024 the construction of a second Hall for trials by jury has been completed, with expected benefits on the disposition of jury trials. "According to the authorities, these measures should contribute to a further improvement of the efficiency of the justice system, even though in most cases they still require an implementation. Overall, considering the reported developments, including the ones on the length of proceedings, some further progress has been made on the recommendation made in the 2023 Rule of Law Report."
However, the Commission felt the need to reiterate this recommendation in this year's report. "Further strengthen efforts to improve the efficiency of justice including by providing additional resources, particularly to reduce the length of proceedings," is this year's recommendation.
The report also reads that "Malta continues to have one of the lowest ratios of members of the judiciary per capita among EU countries." It said that the authorities are progressing with the recruitment of new judges and magistrates. "Overall, the judiciary saw a rise of five members (one judge and four magistrates) in their ranks. Stakeholders reported that the number of judges is however still not sufficient to deal with the increasing number of cases brought before the Maltese courts."
As for perceived judicial independence, the report found that in Malta it continues to be high among the general public and is now average among companies. "Overall, 65% of the general population and 57% of companies perceive the level of independence of courts and judges to be 'fairly or very good' in 2024."
It also reads that there has been some progress on the involvement of the judiciary in the procedure for appointment of the Chief Justice. "In particular, the Government has endorsed a constitutional reform, which will mandate consultations with the incumbent Chief Justice (who bears statutory obligations in representing the judiciary) prior to the appointment of a new Chief Justice. The bill will be tabled to Parliament in the coming months."
Corruption investigations
While some progress on addressing challenges related to the length of investigations of high level corruption cases, no progress was seen on establishing a robust track record of final judgments, the rule of law report found.
The report mentions that organisational and legislative measures, including amendments to the criminal code and hiring of additional prosecutors, were adopted in 2023 "to improve the capacity of investigative authorities and the Attorney General office. The 2023 Rule of Law Report recommended to Malta to 'step up measures to address challenges related to the length of investigations of high-level corruption cases, including by establishing a robust track record of final judgments." It said that in 2023, the Financial Crimes Investigation Department (FCID) "relied on 96 officials in total (compared to 88 in 2022), with a total budget of around €6 474 000 (i.e. a reduction of about 5% compared to 2022), with an increase for its staff emoluments. The European Public Prosecutor's Office investigated 6 corruption cases, which accounts for around 21% of the total number of EPPO cases (in Malta). To improve the capacity of investigative authorities and the Attorney General office, additional prosecutors were hired, some amendments to the criminal code were adopted with the aim to improve the operational cooperation among the members of the Financial Crime Task Force (FCTF), and some criminal legislation reforms are planned." In 2023, the FCID initiated 24 investigations on corruption; and 2 cases were adjudicated, it said.
The report took note that in 2023, scandals involving senior executive officers relating to alleged corruption in three separate cases (related to the issuing of driving licenses; the exchange of social benefits for votes; and hospitals concessions), were widely reported in the press and charges have been pressed in all three cases. "In May 2024, in the latter hospitals case, following the conclusion and recommendations of a magisterial inquiry, the Attorney General pressed charges for financial crimes and corruption against 39 individuals, legal persons and senior public officials (including former Ministers, the former Prime Minister and his Chief of Staff); and the case is pending in front of the judicial authorities. For 2023, the length of investigations remained problematic, and there has been no progress on delivering final judgements on high-level cases of corruption. Therefore, in view of the actions taken to improve the capacity of the investigative and prosecution authorities, some progress has been made on the recommendation made in the 2023 Rule of Law Report related to the length of investigations of high-level corruption cases, whereas no progress has been made on establishing a robust track record of final judgments."
The report also highlights that the perception among experts and business executives is that the level of corruption in the public sector remains relatively high. "In the 2023 Corruption Perceptions Index by Transparency International, Malta scores 51/100 and ranks 22nd in the European Union and 55th globally. This perception has been relatively stable over the past five years."
The report also states that the anti-corruption recommendations issued following the public inquiry into the assassination of journalist Daphne Caruana Galizia have not yet been implemented.
It also delved into Malta's investor citizenship scheme, saying that it continues to raise serious concerns.
Whistleblowers
The report states that work is ongoing to develop a new database and tools to process whistleblowing reports. "As for existing tools, there is no information available yet on the number or types of whistleblowing reports on corruption received or investigated by the public authorities, nor data on the use of the infoline that was launched in 2022. The Permanent Commission Against Corruption has never issued a whistleblower protection order."
Turning to the media sector, it noted That there has been no progress with regard to adopting safeguards to improve access to official documents. "The 2023 Rule of Law Report recommended to Malta to 'adopt legislative and other safeguards to improve access to official documents, taking into account European standards on access to official documents. An external study commissioned by the Government to review the issue has recommended the creation of an integrated e-management system. However, no steps have been taken and there appear to be no plans to adopt safeguards to improve access to documents either via a review of the Freedom of Information Act itself or via an analysis of its implementation in practice."
It also said that there has been no progress to enhance the independent governance and editorial independence of public service media, among other things.
Recommendations
The recommendations made in this year's report are to: Pursue the draft reform endorsed by the Government to involve the judiciary in the procedure for appointment of the Chief Justice; Further strengthen efforts to improve the efficiency of justice including by providing additional resources, particularly to reduce the length of proceedings; Continue efforts to address challenges related to the length of investigations of high-level corruption cases and step up efforts to establish a robust track record of final judgments; Adopt legislative and other safeguards to improve the working environment of journalists including on access to official documents, taking into account European standards on the protection of journalists and on access to official documents; Strengthen the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards on public service media; Step up measures to establish a National Human Rights Institution taking into account the UN Paris Principles; Introduce a formal framework for public participation in the legislative process.
The full report can be read here.