It is now much harder for citizens to request a magisterial inquiry, after amendments to the controversial reform were signed into law by President Myriam Spiteri Debono.

The Ministry for Justice and the Reform of the Construction Sector said that today, Act No. VIII of 2025 has been published, bringing into effect amendments to the Criminal Code (Chapter 9 of the Laws of Malta) aimed at reforming the system of magisterial inquiries.

This measure, the ministry said, forms part of a broader series of justice reforms implemented by the Government, reforms that underscore an unprecedented national commitment to enhancing access to justice and upholding the rule of law.

The controversial bill was passed in Parliament, with the Opposition voting against, in spite of being dubbed as a "blow to democracy". Legal experts and constituted bodies vehemently opposed the bill, which is seen as a way for the government to protect wrongdoers by making it next to impossible for citizens to request a magisterial inquiry.

This is because anyone submitting a request requires proof which is admissible in court. The complaint must first be filed to the police and the complainant can only resort to the courts of law if no action is taken within six months. Complainants may also be asked to pay for expenses if the request filed is deemed "frivolous".

But the government, of course, is all praise for the reform, saying the amendments "build upon the historic and bold step taken by the Government last year, when, following the appointment of four additional magistrates, a specialised team of four magistrates was assigned to focus exclusively on magisterial inquiries. This reform aimed not only to improve the efficiency of inquiries, but also to raise their overall quality."

Legal experts beg to differ, with Professor of Law Kevin Aquilina writing last week that the government has granted immunity from criminal action to corrupt ministers.

The coming into force of the law means that President Myriam Spiteri Debono, the last hurdle before the law is enacted, signed the law. Last Sunday, she told The Malta Independent on Sunday that the "Constitution is clear", meaning that she would not oppose what Parliament enacted.

In its statement, the government did not refer to the difficulties it has created for citizens to request an inquiry.

The legislative changes, while reflecting the ongoing developments in the justice sector, introduce clear timeframes and deadlines, new statutory rights for victims, and safeguards for fundamental rights, the government said.

They also define roles and financial accountability, particularly regarding the appointment of experts. Through this reform, victims or their relatives will now have the right to be informed every six months on the status of inquiries, to receive a free copy of the acts, and to be notified whether a decision has been taken to initiate prosecution.

This reform also introduces changes to the process for inquiries initiated at the request of private citizens. Under the new procedure, citizens are not only ensured access to justice, but if no action is taken following a police investigation, the request to open a magisterial inquiry will now be reviewed by the Criminal Court, presided over by a judge. The judge will determine whether there are sufficient grounds to initiate an inquiry by a magistrate.

The government did not say that citizens need to present proof which is admissible in court, a highly difficult task considering that citizens do not have the means, power and resources with which to investigate any potential wrongdoing.

"The citizen would have lost the right to request a magisterial inquiry on their own initiative if the Government had fully adopted past recommendations regarding these inquiries," stated Minister Jonathan Attard. "In fact, both the Commission for the Holistic Reform of the Justice Sector (30 November 2013) and the Venice Commission, in its opinion of December 2018, had recommended that such inquiries be transferred to the Prosecution Service and no longer be conducted by magistrates. Instead, the Government responsibly chose to enhance the specialisation of magistrates through an unprecedented investment, now further reinforced by legislative amendments, in line with our electoral manifesto and our clear commitment to justice."

In relation to the appointment and accountability of experts, while the appointment remains at the discretion of the magistrate, the expert must be a natural person rather than a company. Experts who are not listed in the expert's list must undergo a due diligence process under the magistrate's supervision. Moreover, if the anticipated cost of expert services exceeds €50,000, the magistrate must provide justification and seek approval from the Chief Justice.

These legal amendments were extensively debated in Parliament, with more than nine sittings at the second reading stage and over seven hours of discussion at committee stage, including interventions from the public and civil society, the government said. The Opposition voted against the bill.

During the legislative process, the government said it introduced further amendments to reinforce the independence and autonomy of inquiring magistrates, despite the fact that, by nature, inquiries are not considered part of the core constitutional functions of the judiciary, as previously noted by both the Commission for Holistic Reform and the Venice Commission.

The Minister for Justice said he looks forward to introducing further reforms in the coming weeks to continue strengthening specialisation within the justice system. These include the establishment of a specialised Commercial Court and reforms to the compilation of evidence, among other initiatives currently under development.