The European Commission’s report on the state of the rule of law observes that Malta has made no progress on recommendations that have been pending for years. Where so-called progress was recorded, nothing concrete happened other than mere government promises.
It is our determination to ensure that the European Commission’s annual rule of law process serves as a meaningful contribution to promoting democratic values and implementing the reforms our country needs to truly uphold the rule of law.
The report notes that there has been “some progress” on reforming the process to ensure judicial independence by involving judges in the selection of the Chief Justice. However, this supposed progress was merely a government proposal to amend the Constitution, which did not pass through Parliament. It is the government’s responsibility to consult and build national consensus on constitutional changes, which it failed to do. Today, this European Commission recommendation remains stuck where it was a year ago.
The report states that there has been “some progress” in reducing court delays. This supposed progress is based on legislative proposals by the government that remain theoretical. However, statistics show that court cases in Malta are taking longer, not shorter, especially in criminal and administrative areas.
The report observes that the shortage of human resources in the courts remains severe, and the law to regulate the legal profession is still shelved.
It also states that there has been “some progress” in speeding up corruption investigations, due to increased staffing in the police and Attorney General’s office. However, the report itself finds that results have not improved, as corruption cases in court are not being concluded.
The report notes that the recommendations from the Daphne Caruana Galizia inquiry to strengthen the fight against corruption remain shelved, and that the Permanent Commission Against Corruption remains ineffective. It also notes that proposals to improve political integrity measures are still pending, while the government has stopped publishing ministers’ asset declarations and has made no progress on the reforms required for the law that is supposed to protect whistleblowers to be effective.
Meanwhile, the report found no progress in ensuring free and protected journalism in Malta, no progress in making public broadcasting independent, no progress in establishing a human rights institution, and no progress in creating a legal framework for public consultation. It also found little to no progress in safeguarding citizens’ right to access government-held documents.
These recommendations are being carried over year after year, with no progress from the government.
We also note that the government told the European Commission the following:
- That it has drafted a new law to ensure the independence of administrative tribunals by removing ministers from the selection of adjudicators;
- That it is preparing a new law to strengthen the Broadcasting Authority’s powers to better protect media pluralism;
- That by last June, it would create a new government department to manage public consultations;
- That by last June, it would propose a law to establish a human rights agency;
- That by this month, it would propose a law to regulate the voluntary sector.
Except for a consultation carried out by the Commissioner for Voluntary Organizations regarding his ideas for a new law in his sector, the government has conducted no consultations on its intentions in these important areas. We call for effective consultation and public and civil society participation on these vital measures for Maltese democracy.
We also note the irony that, to register progress in the European Commission’s annual report, the government promises to implement reforms in June so that it would be too late for the Commission to verify whether the government actually fulfilled its promises before the report is finalized for internal approval and publication.
We also express our disappointment that the European Commission does not appear to be taking seriously enough the government’s decision to remove citizens’ right to request magisterial inquiries, particularly in corruption cases. While the Commission notes civil society’s objections to the changes that were made and the lack of consultation, we believe the Commission is not appreciating that in the context of the depletion of our country’s already weak infrastructure to fight corruption, this is serious regression in the rule of law in our country.
It is disappointing, however, that the government finds excuses and invents paper-only progress to avoid implementing the reforms we truly need.