The Justice Ministry has responded to a report regarding rule of law in EU countries, saying that it rejects "various incorrect claims" that were made.

It referred to the report 'Civil Liberties Union for Europe', "with the segment on Malta being authored by The Daphne Caruana Galizia Foundation."

"The Ministry wishes to clarify that the authors have at no stage sought the Ministry's statements in the preparation of this report and notes, in this regard, that it categorically rejects various incorrect claims presented in the 'Liberties Rule of Law Report 2025'. The report lacks critical background and information concerning the substantial reforms and progress achieved in strengthening Malta's rule of law and justice system in recent years." 

"Since 2020, Malta has undertaken comprehensive reforms aimed at enhancing judicial independence, transparency, and accountability in full alignment with European standards. Malta's sustained progress in rule of law reform has been recognised by European institutions, including the President of the European Commission, Ursula von der Leyen, and the Secretary General of the Council of Europe, Alain Berset.^"

 "Contrary to the assertions contained in the report, the Government has implemented unprecedented measures to depoliticise the justice system and other wide ranging reports across various institutions," it said.

The ministry mentioned a number of points.

It said that: 1) "Constitutional amendments enacted in 2020 overhauled the judicial appointments process, "ensuring that judges and magistrates are selected based on merit by an independent Judicial Appointments Committee."

2) "Furthermore, the appointment of the Chief Justice is now subject to a two-thirds majority vote in Parliament, ensuring cross-party consensus and impartiality."

3) "The Government has also committed to further strengthening this process by involving the incumbent Chief Justice in future appointments," it read.

4) "Additionally, in 2021, the separation of the roles of Attorney General and State Advocate was affected to reinforce institutional checks and balances."

5) The ministry said that the Government also launched a comprehensive digitisation strategy and is committed in investing over €10 million to modernise Malta's justice infrastructure. "This initiative forms part of the Digital Justice Strategy 2022-2027, aimed at streamlining court procedures, reducing case backlogs, and enhancing access to justice for all."

6) "To address resource challenges, the Ministry for Justice has significantly increased the number of judges and magistrates-Malta now has the highest number of members in the judiciary to date."

7)  It said that court infrastructure has been expanded, including the development of additional courtrooms, while funding for the Judicial Studies Committee has been increased to enhance the training of the Judiciary.

8) "In line with a zero-tolerance approach to corruption, the Government established the Commissioner for Standards in Public Life and has significantly increased resources for the Permanent Commission Against Corruption. High-profile investigations and prosecutions have demonstrated the independence and effectiveness of Malta's investigative institutions."

9) "With regard to media freedom, Malta was among the first EU Member States to fully transpose the Anti-SLAPP Directive into national law and remains committed to strengthening legal protections for journalists."

"The above mentioned, amongst numerous other reforms enacted by the Government, in the field of the Rule of Law, are a testament of the Government's commitment to remain steadfast in upholding European values through continued reforms that promote transparency, accountability, and justice for all citizens."

Daphne Caruana Galizia Foundation reacts

In reaction, the Daphne Caruana Galizia Foundation posted on social media that it "fact-checked the Ministry of Justice's statement."

In reference to the first two points the ministry made, the foundation said that the reporting period for the Liberties Rule of Law Report 2025 is 2024. Developments predating 2024 are outside the reporting period.

Regarding the government's third point, it said "There has been no progress in involving the judiciary in appointing a Chief Justice."

On the government's fourth point, the foundation said that the reporting period for the Liberties Rule of Law Report 2025 is 2024. "Developments predating 2024 are outside the reporting period."

On the fifth point, the foundation said that the process of digitalisation has seen no improvement over the reporting period. "A tender for an off-the-shelf court management information system was issued at the end of 2024."

On the government's sixth and seventh point, the foundation said: "In reference to points 6 and 7 above, a lack of resources remains a problem. As at 1 October 2024 150 trials by jury were awaiting a start date and 1700 magisterial inquiries were pending."

On the eighth point, the foundation said: "The highest profile investigations and prosecutions to date concern the privatisation of public hospitals and alleged bribery via the secret offshore company 17 Black. In both cases, prosecutions are the result of magisterial inquiries triggered by citizens petitioning the court directly."

On the government's ninth point, the foundation said: "The EU anti-SLAPP Directive is known as Daphne's Law because it was inspired by Daphne Caruana Galizia's experience. Malta's version of Daphne's Law would not have protected Daphne herself. Malta's anti-SLAPP legislation is limited to the bare minimum requirements of the directive, covering only SLAPP cases with cross-border implications. There is no protection against domestic SLAPP cases. The legislation ignores the EU's Recommendation on anti-SLAPP protection https://commission.europa.eu/.../d615e181-eb4c-4b4f-869d..., and the human rights standards set by by the Council of Europe Recommendation CM/Rec(2024)2 of the Committee of Ministers to member States on countering the use of strategic lawsuits against public participation (SLAPPs) https://rm.coe.int/0900001680af2805."

The foundation said that throughout 2024, the government "continued to delay the implementation of the Public Inquiry recommendations into Daphne Caruana Galizia's assassination, as well as recommendations from the European Commission's Rule of Law Report, the Venice Commission, and GRECO related to fighting corruption in Malta."