Depoliticise appointments for police commissioner and AG, report tells Malta

Updated at 4:46pm with Justice Ministry's reaction

Malta has been labelled as a stagnant country with regard to rule of law in a report that highlighted the rise of political pressure on judiciaries in EU states, as it called for Malta to depoliticise appointments of key roles.

The Liberties Rule of Law Report 2025 noted a range of critical issues and urged government to implement substantial reforms across its justice system, anti-corruption framework, media environment, and checks and balances. 

The report, which is written by partner NGOs including the Daphne Foundation, stressed the need for Malta to address systemic failures, particularly those identified in the public inquiry into the assassination of Daphne Caruana Galizia.

The report calls for the end of political appointments of key roles such as the police commissioner, attorney general, and the chief justice. 

Furthermore, the introduction of the crime of obstruction of justice in criminal law, with appropriate sentences, was deemed crucial.

When it comes to anti-corruption, the Liberties report notes government's continued delay in implementing recommendations from various bodies, including those related to the Daphne Caruana Galizia assassination inquiry. 

The report also urged the European Commission to recommend that Malta “criminalise 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. This will strengthen integrity and increase public trust.”

The local media environment was also highlighted, as the report also urges a reform of Malta’s Freedom of Information Act to guarantee access to information of public interest held by public authorities, preventing arbitrary rejection of requests and processes that undermine timely reporting. 

The report, echoing concerns raised by The Daphne Caruana Galizia Foundation insists that the promised media law reform must be finalised without further delay. Government is yet to deliver a long-awaited White Paper for public consultation on media reforms that was promised in 2023.

Regarding checks and balances, the report calls for an immediate suspension of secretive law reforms concerning magisterial inquiries and demands that any reform process be opened to public consultation to safeguard the right of civil society and individuals to initiate such inquiries. 

Establishing an independent body with the power to initiate public inquiries in cases of systemic issues affecting public interest is also recommended. Furthermore, the report suggests extending the Ombudsman’s office to include a National Human Rights Institution.

The report also recommended extending the Standards Commissioner’s remit to include investigations into ethical conduct breaches by political appointees.

Justice Ministry says it was not consulted by report's authors

Later on Monday, the Justice Ministry categorically rejected “various incorrect claims” in the report. 

The ministry clarified that the report’s authors did not seek its statements during the preparation of the document. It argued that the report lacks context and fails to acknowledge the substantial reforms undertaken to strengthen Malta’s rule of law and justice system.

“Since 2020, Malta has undertaken comprehensive reforms aimed at enhancing judicial independence, transparency, and accountability in full alignment with European standards,” the ministry stated.

The ministry listed various reforms it undertook in recent years such as independent judicial appointments and the separation of roles of the Attorney General and State Advocate.

In its response, the ministry also mentioned the establishment of the Commissioner for Standards in Public Life. 

The ministry insisted that its reforms show government’s “commitment to remain steadfast in upholding European values through continued reforms that promote transparency, accountability, and justice for all citizens.”