European Commission recommends stronger efforts to improve efficiency of justice in Malta

Malta needs to “strengthen efforts” to improve efficiency of justice, the European Commission has recommended in its Rule of Law report released today.

The suggestion is one of seven recommendations made to Malta as part of Brussels’s annual exercise to assess the rule of law in the EU.

The recommendation for a more efficient justice system calls for the provision of additional resources, particularly to reduce the length of proceedings.

The review found that while the level of perceived judicial independence among the general public remained high, concerns persisted regarding the independence of specialised tribunals.

On the law courts, the Commission found that digitalisation of the justice system still needs “substantial improvement”.

In another recommendation, the Commission said the draft reform “endorsed by the government” to involve the judiciary in the appointment of the Chief Justice should be pursued.

It also called for continued efforts to address challenges related to the length of investigations of high-level corruption cases. The Commission said Malta needs to “step up” efforts to establish a track record of final judgments.

However, it noted that the anti-corruption recommendations issued following the public inquiry into the assassination of journalist Daphne Caruana Galizia have not been implemented yet.

The Commission urged the government to adopt legislative and other safeguards to improve the working environment of journalists. A promised White Paper following the final report submitted by the Committee of Experts last year has failed to materialise so far. The Commission said access to official documents should be facilitated.

The Commission recommended strengthening of 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.

Malta must also step up measures to establish a National Human Rights Institution taking into account the UN Paris Principles and introduce a formal framework for public participation in the legislative process.

Commenting on the Constitutional Convention announced in 2019 to address issues concerning the appointment of constitutional bodies and the role of parliament, the European Commission said this process remains stalled.

Brussels noted that despite the existence of preventive measures, public procurement procedures show “high risks of corruption”. The investor citizenship scheme continues to raise concerns, the Commission said.

Reacting to the findings, Justice Minister Jonathan Attard said government was committed to continue strengthening the rule of law.

But in his statement after the report was published, Attard focussed on the positive aspects highlighted by the European Commission as he side-stepped some of the contentious issues.

Attard noted the Commission’s remark that government was committed to introduce anti-SLAPP legislation but steered away from referring to the promise he made last year to publish a white paper on media reforms, something highlighted by the Brussels excutive.