The Prime Minister of Malta's "attacks on the judiciary" raise concerns about the separation of powers, a rule of law report reads.

The Liberties Rule of Law Report 2025 is the sixth annual report on the state of rule of law in the European Union (EU), published by the Civil Liberties Union for Europe (Liberties).

In a section regarding personal attacks on judges, Malta is one of the countries specifically mentioned. "The Prime Minister's attacks on the judiciary raise concerns about the separation of powers. For example, he criticised a magisterial inquiry's findings that called for charges against former Prime Minister Joseph Muscat, prompting backlash from NGOs and student groups," it reads.

Liberties is a non-governmental organisation (NGO) promoting the civil liberties in the EU, and it is built on a network of national civil liberties NGOs from across the EU. The report is a collaboration of 43 human rights organisations from 21 EU countries coordinated by the Civil Liberties Union For Europe (Liberties). The organisation from Malta is the Daphne Caruana Galizia Foundation.

The 1000-page Report identifies issues relating to justice, corruption, media freedom, checks and balances, civic space and human rights in the European Union in 2024. "It is a 'shadow report' to the European Commission's annual rule of law audit. As such, its purpose is to provide the European Commission with reliable information and analysis from the ground to feed its own rule of law reports, and to provide an independent analysis of the state of the rule of law in the EU in its own right," the report reads.

It is divided into different sections, one of which for instance provides an overview of persistent structural deficiencies in EU member states, another highlights common challenges facing democracies.

Regarding the fight against corruption, the report states the importance of public authorities effectively preventing and prosecuting corruption to make sure that public funds and powers are used for the good of citizens. But, it states that corruption remains a prevalent issue across several European countries, "with significant challenges noted in Italy Romania, Malta, Greece, Hungary, Slovakia, the Czech Republic, Croatia, Bulgaria, France, the Netherlands, and Lithuania, impacting public trust and governance. Key concerns include lack of transparency in public funds management, weak whistleblower protections, and inadequate enforcement of anti-corruption laws, leading to a high risk of corruption in various sectors such as healthcare and public procurement."

The report states that in Malta, pervasive corruption affects public services and governance, with insufficient investigations and nepotism posing significant issues. "Political finance transparency remains a major concern, as nearly all party funding is undisclosed, increasing the risk of corruption and abuse of power."

It also mentioned that countries like Germany and Malta, among others, face problems regulating conflicts of interest and revolving door practices, "often lacking sufficient cooling-off periods and oversight for high-level officials."

Elsewhere in the report, it states that strong ties exist in Malta between the government and businesses, "with former ministers and officials often taking senior roles in private companies linked to government contracts, especially in sectors like construction, energy, and finance." It says that in 2020, a lawyer from the AG's office switched to the defence team in the Caruana Galizia murder case, prompting changes to the code of ethics. "However, these changes did not include a 'cooling-off period' and did not apply to current employees."

The report also mentions that investigation and enforcement of sanctions for corruption offences face significant challenges in various European countries, with Malta being one of them. "These challenges include inconsistent enforcement, lengthy judicial processes, and fragmented oversight bodies. Notably, high-level corruption cases often result in low conviction rates, undermining public trust and revealing weaknesses in the legal and institutional frameworks designed to combat corruption."

The report also states that in Malta, inadequate training and resources hinder the investigation and prosecution of high-level corruption. "Despite a salary increase for the police, it remains insufficient to attract skilled officers, leading to high resignation rates and reduced investigative effectiveness. Low pay compared to lawyers in the Attorney General's office exacerbates the issue."

The report highlights "significant delays" in judicial proceedings being reported in Malta, and other countries. These delays affect various case types, it says, particularly serious crimes and family matters, "undermining the efficiency and effectiveness of the legal system."

It also reads that Malta continues to record the longest court proceedings in the EU for cases against the state. "For instance, a case concerning the violent death of a man in police custody has been pending before the Constitutional Court since 2012." It also states that Magisterial inquiries are often excessively lengthy.

Another issue it highlights concern over, regards the composition and political influence within judicial councils. It states that Judicial councils play a crucial role in preserving the independence of the justice system by guaranteeing the autonomous management of courts and supervision over judges, provided that they remain free from political influence. "In Malta, the Commission for the Administration of Justice includes various members, such as judges, magistrates, and political appointees, which can lead to politicisation."

The report also states that the appointment of the Attorney General in Malta remains largely under the control of the Prime Minister. "Appointment criteria are limited to qualifications for a superior court judge, and the Appointment Commission, chosen by the Minister for Justice, lacks clear standards for public trust and technical skills. Additionally, removing the Attorney General requires a two-thirds majority in Parliament, a process the Venice Commission recommends should involve an expert body or an appeal to the Constitutional Court."

In terms of media, the report mentions the financial situation of Malta's public service media, saying that it appears alarming, "in part because it underscores the threat of political influence. The public broadcaster has lost a total of €5 million over the last 10 years, despite being given €40 million in direct subsidies over the same period, excluding millions given in state advertising. A National Audit Office report found that PBS registered losses across the board and suffers from maladministration, a lack of transparency, and a total lack of proper procedures."

Malta's anti-SLAPP legislation has limitations

Croatia, the Czech Republic, Germany, Greece, Italy, Malta, Romania, Slovakia and Sweden all witnessed verbal attacks, threats and, in extreme cases, targeted smear campaigns against journalists over the last year, the report adds. "Journalists and independent media outlets also continue to face threats, harassment and attacks, including in the form of SLAPPs, across the EU."

Regarding anti SLAPP legislation, the report acknowledges that Malta transposed the Anti-SLAPP Directive, but said that the law came with a number of limitations "which wouldn't protect most of the SLAPP targets Malta has had until now. These limitations include a lack of Parliamentary scrutiny in the transposition process, and that the legislation is limited to minimum standards and does not provide protection against domestic SLAPP cases etc."

Recommendations

The document also includes specific country reports authored by the member organisations in their respective countries, in Malta's case the Daphne Caruana Galizia Foundation. This section, aside from details about the situation in the country, includes recommendations. Some of the recommendations are that: The appointment procedure of the Attorney General should be de-politicised; That the composition of the Commission for the Administration of Justice be changed in order for this body to become fully depoliticised; That the appointments of the AG and Police Commissioner become depoliticised; Criminalising abuse of office by public officials or by those in charge of a public service to ensure accountability for those in power who do not work for the good of the country; Highlights the need for the Freedom of Information Act to be updated to limit the instances where public administration may arbitrarily refuse to provide information that is of public interest and to which the public has a right; The introduction of 'Unexplained Wealth Orders' to fight financial crime, including bribery and corruption; Reducing the threshold of anonymous donations to political parties "to ensure a well-informed public and increase public trust in political parties"; For the Standards Commissioner's remit to investigate breaches of ethical conduct should also extend to political appointees.