COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Malta Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 518 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Malta
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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ABSTRACT
The reforms of the Maltese justice system that started in 2020 have continued to be
implemented. The transfer of prosecutions from the police to the Attorney General, included
in the Maltese Recovery and Resilience Plan, continues, and a review on the independence of
specialised tribunals has been announced by the Government. No further steps have been
taken regarding the system of appointment of the Chief Justice, and the lack of involvement
of the judiciary in that system requires further attention. The level of resources for the
judiciary remains a concern. Regarding the quality of justice, several initiatives have been
carried out, including the publication of the first national Digital Justice Strategy (2022-2027)
and improvements in the legal aid framework. The efficiency of justice, in particular the
length of proceedings, has deteriorated further and the Government is preparing several
initiatives to continue addressing this issue.
The Government adopted the National Anti-Fraud and Corruption Strategy, whose
implementation is overseen by an inter-ministerial Committee. Despite increased resources
allocated to investigative and prosecution bodies, the investigation of high-level corruption
cases remains lengthy. Results in terms of final judgments are still lacking. The Permanent
Commission against Corruption, which was subject to a reform in 2020, is to be further
strengthened. Currently, it has limited resources and has not shown tangible results in its
work. Integrity and ethics rules in the public service, including within the Police and for high-
ranking officials, are being implemented, although legislative and operational gaps exist. The
existing regulation on the protection of whistleblowers was amended in 2021, and a database
for collecting data on whistleblowing is planned to be implemented by the end of 2024. The
Citizenship-by-Investment legislative framework continues to raise concern. Rules remain in
place to mitigate risks of corruption in public procurement during the COVID-19 pandemic.
The report of the public inquiry into the assassination of investigative journalist Daphne
Caruana Galizia published a set of conclusions and recommendations relating to the media
landscape in Malta. The Government has proposed a number of reforms to address some of
those recommendations. An alleged mastermind of the assassination has been indicted on
charges of complicity in murder and criminal association and the criminal proceedings are
ongoing. While an independent review of the applicable legislation is underway, journalists
and citizens at large continue to face obstacles when requesting access to information held by
public authorities. The independence and governance of public service media are a cause for
concern. The ownership of, or editorial control over, several media outlets by the two main
political parties continues to characterise the news media market. Guidelines on Government
advertising and promotional material have recently entered into force. However the absence
of a legal framework to ensure transparency in state advertising remains an issue of concern.
With regards to checks and balances, while impact assessments are mandatory, the lack of a
formalised process for public consultations and their limited use in the preparation of
legislation remain a concern. A new Commissioner for Voluntary Organisations was
appointed. The Ombudsperson remains carrying out his mandate since March 2021 until an
agreement is reached in Parliament to appoint a new person. The law establishing a national
human rights institution continues to be pending in Parliament. The future Constitutional
Convention has the potential to address concerns on the appointment process for certain
constitutional bodies, although it remains on hold. Previous concerns related to access to
funding by civil society organisations were addressed.
2
RECOMMENDATIONS
In addition to recalling the commitments made under the national Recovery and Resilience
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is
recommended to Malta to:
 Address the need for involvement of the judiciary in the procedure for appointment of the
Chief Justice, taking into account European standards on judicial appointments and the
opinion of the Venice Commission.
 Strengthen efforts to improve the efficiency of justice, particularly to reduce the length of
proceedings.
 Address challenges related to the length of investigations of high-level corruption cases,
including by establishing a robust track record of final judgments.
 Advance with the introduction of legislative and other safeguards to improve the working
environment of journalists, including on access to official documents, taking into account
European standards on the protection of journalists.
 Strengthen 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.
 Re-launch efforts to establish a National Human Rights Institution taking into account the
UN Paris Principles.
3
I. JUSTICE SYSTEM
The Maltese justice system is influenced by both the continental and the common law legal
traditions1
. Courts are divided into Superior and Inferior Courts. Superior Courts are
composed of judges and include the Civil Court, the Criminal Court, the Court of Appeal, the
Court of Criminal Appeal and the Constitutional Court. Inferior Courts are composed of
magistrates and include the Court of Magistrates (Malta) and the Court of Magistrates
(Gozo). The judiciary is headed by the Chief Justice who also presides over the
Constitutional Court. A Commission for the Administration of Justice supervises the
workings of all the superior and inferior courts. A number of specialised tribunals exist,
adjudicating in specific areas. A fully separate Prosecution Service was set up in 2019. Malta
participates in the European Public Prosecutor’s Office (EPPO). The Bar Association
(Chamber of Advocates) is an independent and self-regulated professional body of lawyers.
Independence
The level of perceived judicial independence in Malta continues to be high both among
the general public and companies. Overall, 67% of the general population and 68% of
companies perceive the level of independence of courts and judges to be ‘fairly or very good’
in 20222
. According to data in the 2022 EU Justice Scoreboard, the level has evolved
positively since 2016 and consolidated a positive trend. The perceived judicial independence
among the general public has slightly decreased in comparison with 2021 (69%), but it is
higher than in 2016 (44%). The perceived judicial independence among companies remains
at the same level than in 2021.
No further steps have been taken as regards the system of appointment of the Chief
Justice, since no agreement on the matter could be reached in Parliament. As explained
in the 2021 Rule of Law Report3
, some steps were taken to depoliticise the appointment of
the Chief Justice. However, the fact that there is no involvement of the judiciary requires
further attention, in particular in view of the many roles played by the Chief Justice in the
Maltese justice system4
and due to the fact that, according to the law5
, a person who is not
already a judge could be appointed6
. It is worth noting that according to European standards,
where there are legal provisions prescribing that the legislative power take decisions on the
selection of judges, the opinion of an independent and competent authority drawn in
1
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta – Part I.
2
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
3
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 3.
4
The Chief Justice is President of the Constitutional Court and President of the Court of Appeal (presiding in
both appeal panels), and performs important responsibilities in the administration of the justice system such
as chairing the Judicial Appointments Committee, and is a member of the Commission for the
Administration of Justice responsible for judicial discipline. As regards the standards applicable to court
presidents, see Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court
Presidents, para. 53. The current Chief justice, who was already a senior judge, was appointed in April 2020
in accordance with the procedure based on a two-third majority in Parliament (before it became a legal
obligation).
5
The appointment, role and functions of the Chief Justice are determined primarily by the Constitution and by
the Code of Organisation and Civil Procedure.
6
In practice, the person occupying the position of the Chief Justice in Malta has always been a seasoned
lawyer or judge.
4
substantial part from the judiciary should be followed by the relevant appointing authority in
practice7
. In addition, even though efforts were made to reach an agreement in Parliament,
the concern raised by the Venice Commission in relation to the lack of a mechanism to break
a potential deadlock for the appointment of the Chief Justice has not been addressed8
.
Rules on the removal of online court judgments have raised some concerns. On 30
November 2021, the Government adopted a legal notice9
which formalised the process by
which the Director General of the Courts is allowed to decide on requests to remove
judgments including personal data in respect of the content of a court judgment published
online on the website of the Court Services Agency10
. According to the legal notice, all
judgements are put online and it is only upon request of the parties that judgements are
removed from the online portal11
. In a letter of December 2021, seven media organisations
and civil society organisations expressed their concerns and asked for the withdrawal of the
legal notice12
. In particular, the organisations criticised that the legal notice fails to define the
legitimate circumstances and criteria in which the Director General may choose to remove
the judgements published online. The fact that these requests are handled solely at the
discretion13
of the Director General, who is appointed by the Government, and not by the
courts, raises concerns14
. The Court Services Agency has issued a set of guidelines on the
application of the legal notice15
, addressing some of these concerns. However, those
guidelines are not legally binding. Those decisions of the Director General are nevertheless
subject to review by the Information and Data Protection Commissioner or challenged on the
grounds of judicial review. European standards provide that while aspects on data protection,
privacy, personal security and confidentiality should be taken into account, judicial decisions
shall be clearly reasoned and made public16
.
7
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. Under
EU law, the involvement of a body such as the Council for the Judiciary in judicial appointment procedure
may contribute to making that process more objective by circumscribing the executive’s discretion as
regards such appointments, provided that such council is sufficiently independent. Judgment of the Court of
Justice of 20 April 20, Repubblika, C-896/19, EU:C:2021:311; judgment of the Court of Justice of 2 March
2021, AB et al., C-824/18, EU:C:2021:153, paras. 124-127 and the case-law cited.
8
Venice Commission, CDL-AD(2020)019-e, Opinion of 8 October 2020 on Malta - Opinion on ten Acts and
bills implementing legislative proposals subject of Opinion CDL-AD(2020)006. para. 43; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Malta, p. 3; information provided by Maltese
authorities in the context of the country visit to Malta.
The report of the public inquiry into the assassination of investigative journalist Daphne Caruana Galizia
highligthed the need to implement the recommendations of the Venice Commission.
9
Online Publication of Court Judgments (Data Protection) Conferment of Functions Regulation, 2021 (LN
456 of 2021).
10
Input from Malta for the 2022 Rule of Law Report, p. 18.
11
According to the Maltese Government, the Director General does not have an a priori discretion not to
upload a judgement online and the courts retain the power to decide if a judgement is not to be published
online.
12
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, p. 4.
13
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, p. 5.
14
Written contribution received by Repubblika in the context of the country visit to Malta; Information
provided by the Chamber of Advocates in the context of the country visit to Malta.
15
Court Services Agency (2021), Right to be Forgotten (Guidelines).
16
European Network of Councils for the Judiciary (2009), Resolution on Transparency and Access to Justice,
para. 2.d.
5
The transfer of certain types of prosecutions from the police to the Attorney General
continues. As reflected in the 2021 Rule of Law Report, the transfer of certain types of
prosecutions17
from the police to the Attorney General continues to progress according to a
timeline18
. On 1 October 2021, the second phase of the transition period was carried out and
the Office of the Attorney General became empowered to prosecute additional offences
before inferior courts19
. In addition, 8 new prosecutors were recruited in 2021, and 5 new
prosecutors were recruited in early 2022, so that the Office of the Attorney General is now
composed of 42 prosecutors20
. Moreover, in the Maltese Recovery and Resilience Plan21
the
Government committed to carrying out an independent review by the end of 2024 to assess
how the prosecution of summary cases22
shall be shifted from the police to the Attorney
General. It has also committed to introducing legislative changes by 31 March 2026 on the
basis of this independent review23
. This should contribute to addressing concerns raised in the
2021 Rule of Law Report24
.
A review of the independence of specialised tribunals has been announced. Concerns
have been expressed25
in relation to the independence of specialised tribunals26
, as many of
those are appointed through a procedure involving the executive power and do not enjoy the
same level of independence as that of the ordinary judiciary. Moreover, decisions of many of
those tribunals are subject to judicial review only on points of law but not on points of fact.
17
Those relate to non-summary cases, which are cases with a penalty exceeding 2 years of imprisonment.
18
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 4.
19
Input from Malta for the 2022 Rule of Law Report, p. 9. In particular, the Office of the Attorney General is
empowered now to take the decision to prosecute the following offences: a) trafficking of persons; (b)
piracy; (c) rape, abduction, defilement of minors and instigation, encouragement or facilitation of defilement
of minors; (d) causing or permitting an elderly or a dependent adult to suffer under circumstances likely to
produce bodily harm or death; grievous bodily harm followed by death; offences relating to crimes against
property and public safety; (e) computer misuse; (f) wilful damage or destruction of cultural property; (g)
endangering safety at airports; (h) attempts or conspiracy to commit or complicity in the previous
mentioned-offences.
20
Input from Malta for the 2022 Rule of Law Report, p. 9.
21
On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October
2021 on the approval of the assessment of the recovery and resilience plan for Malta, under which the
Milestone no. 6.5 states: ‘A review shall be undertaken by an independent contractor on the transfer of the
prosecution of less serious crimes from the Police to the Attorney General’s Office, following the coming
into force of the Offences (Transitory Provisions) Regulations of 2020 (L.N. 378 of 2020). The review shall
formulate policy options and recommendations for the shift of the remaining cases (i.e. summary cases). It
shall be shared with the European Commission’.
22
Summary cases are contraventions or crimes punishable with a fine or a maximum of 2 years’ imprisonment
or less.
23
On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October
2021 on the approval of the assessment of the recovery and resilience plan for Malta, under which the
Milestone no. 6.6 states: ‘The legislative changes shall be based on the findings/recommendations made by
the independent review on the transfer of summary cases from the Police to the Attorney General's Office’.
24
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 4. Furthermore, the
appointment of the Attorney General is in practice made by the President acting upon a recommendation by
the Prime Minister after giving due consideration to the recommendations of the Appointment Commission.
25
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 5; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Malta, p. 5.
26
These tribunals include the Refugee Appeals Board, Environment and Planning Review Tribunal, the
Consumer Claims Tribunal, the Competition and Consumer Appeals Tribunal, the Industrial Tribunal, the
Information and Data Protection Appeals Tribunal, the Mental Health Review Tribunal, the Patent Tribunal,
the Police Licences Appeals Tribunal, the Panels of Administrative Review Tribunals and the Prison
Appeals Tribunal.
6
The Venice Commission has echoed these concerns27
. The Government has committed in the
Maltese Recovery and Resilience Plan to carry out a review of the independence of those
specialised tribunals in communication with the Venice Commission28
. This review will
include a study, to be completed by end 2024, as well as legislative amendments to enter into
force by 31 March 2026.
Quality
A new national Digital Justice Strategy (2022-2027) was adopted aiming to increase the
use of digital tools by courts and addressing other gaps in the digitalisation of justice. As
shown by the 2022 EU Justice Scoreboard, there are important gaps in the digitalisation of
justice. In particular, Malta is lagging behind in areas such as the use of digital technology by
courts and prosecution services29
, availability of electronic communication tools for
communication of courts and prosecution service with users and other bodies30
, availability
of electronic tools in criminal cases31
and regarding arrangements for producing machine-
readable judicial decisions32
. In December 2021, the Government launched the Digital Justice
Strategy 2022-202733
. The Strategy seeks to provide a more coordinated approach amongst
stakeholders in the justice system and establish a set of guiding fundamental principles which
all digital initiatives shall adhere to34
. A number of dedicated project teams are being set-up
for the implementation of the Strategy35
. Nevertheless, the Strategy is yet to be further
operationalised in a detailed action plan specifying which specific deliverables are envisaged
and setting out a timeline for this36
.
The level of resources for the judiciary, in particular the low number of judges per
inhabitant, remains a concern. The number of judges per capita in Malta continues to be
among the lowest in the EU37
, which might affect the efficiency of the justice system as
27
Venice Commission Opinion on proposed legislative changes, CDL-AD(2020)006, paras. 97-98.
28
On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October
2021 on the approval of the assessment of the recovery and resilience plan for Malta, under which the
Milestone no. 6.3 states: ‘An independent contractor shall be engaged through public procurement
procedures, in order to assess the independence of the specialised tribunals at national level. This assessment
shall be carried out in communication with the Council of Europe’s Venice Commission.’ The report shall
include (p. 60 of the Annex) (i) an assessment of the guarantees of independence for appointments of
members to said specialised tribunals, (ii) an assessment of the guarantees which provide for the tribunals'
decisions to be fully reviewed by the ordinary courts of appeal, and (iii) concrete and precise policy
recommendations.
Milestone no. 6.4 states: ‘Legislative changes shall undertake remedial action based on the
findings/recommendations made by the independent review on the independence of the specialised
tribunals’.
29
Figure 43, 2022 EU Justice Scoreboard.
30
Figures 44 and 45, 2022 EU Justice Scoreboard.
31
Figure 47, 2022 EU Justice Scoreboard.
32
Figure 49, 2022 EU Justice Scoreboard. The Association of Judges and Magistrates have mentioned in the
context of the country visit to Malta that this aspect remains challenging due to the limited availability of
documents in Maltese.
33
Input from Malta for the 2022 Rule of Law Report, pp. 16-17; Digital Justice Strategy 2022-2027. The
Strategy was prepared with the support of an EU-funded project.
34
Digital Justice Strategy 2022-2027, p. 2.
35
Information received by the Ministry of Justice in the context of the country visit to Malta.
36
Moreover, additional investments on the digitalisation of justice are also planned within the Maltese
Recovery and Resilience Plan. Annex to the Council Implementing Decision on the approval of the
assessment of the recovery and resilience plan for Malta, p. 65.
37
Figure 36, 2022 EU Justice Scoreboard.
7
reflected in the 2021 Rule of Law Report38
. In August 2021, the Association of Judges and
Magistrates of Malta39
raised concerns related to the acute lack of adequate space, trained and
dedicated clerks and administrative personnel and resources in the law courts and defined the
situation as critical. These concerns have been reiterated by other stakeholders40
. The
Government has announced its willingness to increase the deputy registrars by around 14%
and the clerks by around 28%41
, but it has not committed to a specific timeline. It has been
mentioned that an important issue is the lack of a dedicated programme of training and
preparation for deputy registrars and clerks, as well as the high turnover in these positions42
.
The system of legal aid has been improved, while stakeholders call for further reforms.
In February 2022, a law43
was approved increasing the threshold for persons to be eligible to
benefit from legal aid from EUR 7 000 to EUR 13 000 for the preceding 12 months to the
request for legal aid44
. Stakeholders have welcomed this development, but have also pointed
out the need for a comprehensive review of the overall legal aid framework45
. In addition, on
9 September 2021, Legal Aid Malta46
signed a declaration of intent with the Victim Support
Agency for mutual assistance and cooperation in support of victims of crime47
. Legal Aid
Malta and the Foundation for Social Welfare Services also signed a Memorandum of
Understanding on 15 September 2021 establishing working methods for the provision of
services relating to cross-border disputes48
.
Efficiency
The efficiency of the Maltese justice system has continued to deteriorate. This is shown
by the 2022 Justice Scoreboard. In 2020, the duration of litigious civil and commercial cases
at first instance further increased (550 days), showing an increasing trend since 201749
. The
duration of these proceedings in appeal was also very long (838 days) in 202050
, though a
small decrease since 2019 is observed51
. The average length of money laundering cases
remained particularly long in 2020 (over 1310 days), even if it decreased compared to 201952
.
Moreover, the time needed to resolve administrative cases at first instance remained lengthy
and increased in 2020, inverting the decreasing trend53
. The clearance rate for civil,
38
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 7.
39
Statement of Association of Judges & Magistrates of Malta, 23 August 2021.
40
Written contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit
to Malta; Written contribution received by Repubblika in the context of the country visit to Malta.
41
Input from Malta for the 2022 Rule of Law Report, p. 16.
42
Information received by the Association of Judges and Magistrates in the context of the country visit to
Malta.
43
Bill 258 of 2022 (Code of Organisation & Civil Procedure (Amendment no. 5) Bill).
44
Input from Malta for the 2022 Rule of Law Report, p. 15.
45
Contribution from the Aditus Foundation for the 2021 Rule of Law Report, pp. 5-7; Information provided by
the Chamber of Advocates and the Aditus Foundation in the context of the country visit to Malta.
46
Legal Aid Malta is a Government Agency with the mission of ensuring that the low-income persons are
professionally and legally represented in a broad spectrum of litigations, defence and advocacy in a
democratic society.
47
Input from Malta for the 2022 Rule of Law Report, p. 15.
48
Input from Malta for the 2022 Rule of Law Report, p. 15.
49
Figure 7, 2022 EU Justice Scoreboard.
50
Figure 8, 2022 EU Justice Scoreboard.
51
Figure 8, 2021 EU Justice Scoreboard. The estimated time to resolve litigious civil and commercial cases on
appeal was 875 days in 2019.
52
Figure 24, 2022 EU Justice Scoreboard.
53
Figure 9, 2022 EU Justice Scoreboard.
8
commercial, administrative and other cases, showing how courts deal with caseload, in 2020
continued to decrease and continues to remain below 100% (around 91% in 2020), and for
litigious civil and commercial cases it has been continuously decreasing for several years
(around 91% in 2020)54
. Stakeholders have continued55
raising concerns regarding the
efficiency of the justice system, in particular in relation to the length of proceedings and the
increasing complexity of cases56
.
Several initiatives are ongoing to contribute to improve the efficiency of the justice
system. The establishment of a Third Chamber of the Court of Appeal57
has contributed to a
reduction in the high number of pending applications; while in November 2018 there were 1
537 pending applications, in December 2021 this number was reduced to 1 208 pending
applications58
. In addition, legal changes in August 2021 made possible for most appeals not
to need an oral hearing but be decided only with written submissions59
. Moreover, the
Government is currently working on the preparation of a draft law aimed at reforming legal
provisions related to the compilation of evidence procedure60
, which may shorten
proceedings.
II. ANTI-CORRUPTION FRAMEWORK
The institutional anti-corruption framework comprises several authorities. The Permanent
Commission against Corruption (PCAC) is responsible for corruption prevention and for
carrying out administrative investigations into corrupt practices. The Commissioner for
Standards in Public Life61
monitors the ethics of ministers, parliamentary secretaries and
members of Parliament. Investigation and prosecution of economic crime, including
corruption offences and money laundering, are under the competence of the Police (the
Financial Crimes Investigation Department) and the Attorney General, respectively. The
latter will, during a transition period between 2021 and 2024, take over the prosecution of all
offences carrying a conviction of more than 2 years imprisonment, including corruption.
Other bodies involved in the fight against corruption are the Financial Intelligence Analysis
Unit (FIAU) and the Internal Audit and Investigations Department (IAID)62
. The latter
conducts internal audits and investigations within all governmental departments and agencies.
The perception of public sector corruption among experts and the business community
is that the level of corruption in the public sector is relatively high. In the 2022
Corruption Perceptions Index by Transparency International, Malta scores 54/100 and ranks
14th
in the European Union and 49th
globally63
. This perception has been relatively stable
54
Figures 11 and 12, 2022 EU Justice Scoreboard.
55
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 6-7.
56
Association of Judges & Magistrates of Malta (2021), Press article Court: a critical situation; written
contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit to Malta.
57
Appeals from judgments and decrees of the Civil Court (Family Section) and appeals from judgments and
decrees in causes for the eviction from immovable property and from decisions of the Land Arbitration
Board are to be assigned to the Third Chamber of the Court of Appeal.
58
Input from Malta for the 2022 Rule of Law Report, p. 20.
59
Information received by the Chief Justice in the context of the country visit to Malta.
60
Input from Malta for the 2022 Rule of Law Report, p. 20.
61
Who monitors the ethics of ministers, parliamentary secretaries and members of Parliament.
62
It conducts internal audits and investigations within all governmental departments and agencies.
63
Transparency International, Corruption Perceptions Index 2020 (2021), pp. 2-3. The level of perceived
corruption is categorised as follows: low (the perception among experts and business executives of public
9
over the past 5 years64
. The 2022 Special Eurobarometer on Corruption shows that 79% of
respondents consider corruption widespread in their country (EU average 68%) and 34% of
respondents feel personally affected by corruption in their daily lives (EU average 24%)65
. As
regards businesses, 72% of companies consider that corruption is widespread (EU average
63%) and 58% consider that corruption is a problem when doing business (EU average
34%)66
. Furthermore, 30% of respondents find that there are enough successful prosecutions
to deter people from corrupt practices (EU average 34%)67
, while 27% of companies believe
that people and businesses caught for bribing a senior official are appropriately punished (EU
average 29%)68
.
The public inquiry into the assassination of journalist Daphne Caruana Galizia issued
recommendations on anti-corruption, to some of which there has been no specific
follow-up. Among others, the public inquiry69
recommended the adoption of legislative
measures to improve the asset declaration mechanism geared at avoiding and detecting
unexplained wealth; the establishment of codes of ethics for public officials in order to
prevent improper conduct of public officials in the execution of their duties and actions
geared at improving the protection of whistleblowers70
. On 11 January 2022, the Government
announced the establishment of a Committee of Experts on Media71
in response to the report
of the Public Inquiry into the assassination of journalist Daphne Caruana Galizia, however,
no specific action for the implementation of the public inquiry recommendations relating to
anticorruption has been announced or taken by the Government so far.
The National Anti-Fraud and Corruption Strategy was adopted and the monitoring of
its implementation by an inter-ministerial Committee continues72. The multifaceted
National Anti-Fraud and Corruption Strategy (NAFCS), adopted by the Government in May
2021,, has four main objectives, namely: 1) capacity building, 2) communications strategy, 3)
maximisation of national co-operation, and 4) maximisation of EU and international co-
operation73
. A Co-ordinating Committee74
is responsible for the effective implementation of
the NAFCS action plan, and it reports to the Chairperson of the Internal Audit and
Investigations Board75
.. As part of the Malta’s Recovery and Resilience Plan (RRP), some of
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between
59-50), high (scores below 50).
64
In 2017 the score was 56, while in 2021 the score is 54. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last 5 years.
65
Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
66
Flash Eurobarometer 507 (2022). The Eurobarometer data on business attitudes towards corruption as is
updated every second year. The previous data set is the Flash Eurobarometer 482 (2019).
67
Special Eurobarometer 523 (2022).
68
Flash Eurobarometer 507 (2022).
69
See page 14 below.
70
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia.
71
Government of Malta, Establishment of A Committee Of Experts On Media, Information Note, 11.01.2022.
72
This is set out in Malta’s Recovery and Resilience Plan.
73
See National Anti-Fraud and Corruption Strategy, published by the Office of the Prime Minister Malta, in
May 2021.
74
Set up under Article 23 of the Internal Audit and Financial Investigations Act (Chapter 461 of the Laws of
Malta).
75
Information received from the Ministry of Justice in the context of the country visit to Malta.
10
the actions identified in Malta’s NAFCS are expected to be implemented by the end of 2024,
including the online publication of the National Risk Assessment (in 2022)76
.
Despite the increased resources allocated to investigative and prosecution bodies, the
investigation of high-level corruption cases remains lengthy. Results in terms of final
judgments are still lacking. Eight prosecutors were hired by the Attorney General’s office in
the course of 202177
, and five prosecutors in early 202278
. In 2021, two departments were
created within the Financial Crimes Investigations Department (FCID)79
. With a staff of 107
officers, in 2021, FCID dealt with 32 cases (compared to 38 cases in 2020): 14 cases were
concluded (i.e. either closed or brought to trial), and 16 are pending for prosecution80
. In
addition to the 23 in-house investigators81
, the Police hired 16 financial crime prosecutors in
2021 and three external accounting experts were employed in January 202282
. The length of
investigations remains a serious problem83
in Malta, not least because non-collected elements
of evidence may deteriorate with time, which ultimately hampers the outcome of justice84
.
There is no final judgment of cases of high-level corruption.
There are plans to strengthen the Permanent Commission against Corruption, which
currently has limited resources and has not shown tangible results in its work. Despite
the structural reform undergone in 202085
, serious challenges concerning investigations of
corruption cases persist, including follow up action to corruption reporting and disclosures86
.
The PCAC remains staffed with three part-time Commissioners, supported by one
administrative officer. In line with the Malta’s RRP, a budgetary and human resources plan
drawn up by the PCAC, as well as a number of operational reforms, shall be implemented by
the end of 2024. For 2021, there is no documented evidence on the size and type of workload
dealt with by PCAC, nor of any tangible result achieved by the institution. Given the lack of
76
Input from Malta for the 2022 Rule of Law Report, p. 30. On a proposal from the Commission, the Council
adopted the Council Implementing Decision of 5 October 2021 on the approval of the assessment of the
recovery and resilience plan for Malta, under which the Milestones no. 6.10 and 6.11 relate to anti-fraud and
corruption measures.
77
Information received from the Attorney General office in the context of the country visit to Malta.
78
The plan is to recruit six additional officers, as to reach a total of 63 officers (44 prosecutors, plus 19
administrative officers) in the course of 2022, with an allocated budget of around EUR 3.5 million
(compared to approximately EUR 2.5 million for 2021); information received from the Attorney General
office in the context of the country visit to Malta.
79
The Online Fraud office (with one officer) to investigate cyber-enabled reports, and the International Unit
(with one inspector and two officers) to facilitate the execution of foreign decisions. Input from Malta for the
2022 Rule of Law Report, p. 25.
80
The cases involved 18 persons (natural or legal). Input from Malta for the 2022 Rule of Law Report, p. 35.
81
13 for the money-laundering and fiscal crime squad, and 10 for the economic crimes squad.
82
The contract to the consulting company is for a six-month period, at a total cost of about EUR 252 000.
Information received from the Police in the context of the country visit to Malta.
83
Police investigations are known to have taken up to five years and the PCAC does not have standard
operating procedures prescribing the duration of a case under its examination. 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Malta, p. 10.
84
Information received in the context of the country visit to Malta from the NGOs, notably Repubblika, the
Daphne Caruana Galizia Foundation, and Aditus Foundation. GRECO recommended that investigation
bodies have the authority to use special investigative techniques, for the use of evidence in court. GRECO
(2022) Fifth Evaluation Round – Compliance Report, p. 18.
85
According to the new procedure, the chairperson of the PCAC is to be appointed by the President of the
Republic, acting in accordance with a two-thirds majority resolution by Parliament. 2020 Rule of Law
Reports, Country Chapter on the rule of law situation in Malta, pp. 7-8.
86
Information received in the context of the country visit to Malta from the NGOs, notably Repubblika, the
Daphne Caruana Galizia Foundation, and Aditus Foundation.
11
in-house capacity87
, investigations of the few corruption cases reported to PCAC are
performed by the Police. However, by law there is no monitoring system over the duration of
the investigations88
. In 2021, PCAC indicates to have transmitted three reports to the
Attorney General, and to the Minister of Justice for information89
, stating enough evidence
existed for trial in two cases90
. All cases transmitted by PCAC to the Attorney General were
sent to the Police for criminal investigation, which remained ongoing at the time of
publication of this report91
. There is no indication that PCAC monitors the outcome of the
two cases that were transmitted to the Attorney General’s office in August 202092
.
Integrity rules in the public service, including within the Police, were updated and are
being implemented. In November 2021, the Government launched the strategy for the public
service, including the promotion of ethical conduct93
. The Public Service Commission is
competent to manage the organisation and integrity of the public servants (approximately 35
000), not including Ministers94
. In 2021, there were 89 cases of serious misconduct (15 cases
were closed, with recommendations to the Prime Minister’s office of either dismissal,
suspension or warning)95
, and 107 disciplinary measures taken at departmental level96
. In
2021, the Profession and Standard office of the Police treated approximately 440 cases and
found breaches of police ethics in 110 cases97
. In 2021, a new audit department was
established (divided into two units: one on professional standards and one on auditing)98
.
Since 2020, the Police Evaluation Board99
treated 323 requests for authorisation of outside
activities: all requests were approved, except for two100
.
87
PCAC has no in-house investigators nor data analysts. Including a digital registry to collect information on
corruption cases, as well as an internal Standard Operating Procedure. 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Malta, p. 9.
88
Investigations are pending until the prosecutor decides to close the investigations or bring the case to Court.
Also, there is no criminal or administrative responsibility for abuse of power or omission of duty committed
by investigators or prosecutors (for example, for recklessly procrastinating or prolonging an investigation or
prosecution). Information received in the context of the country visit to Malta from the PCAC.
89
Although the law indicates that PCAC should establish a prima facie case of corruption, the Commissioners
have chosen to assess cases on a “beyond reasonable doubt” base. Information received in the context of the
country visit to Malta from the PCAC.
90
While in one case no recommendation was issued since the case was already pending in court for trial.
Information received in the context of the country visit to Malta from the PCAC.
91
Information received in the context of the country visit to Malta from the Ministry of Justice.
92
In case the Attorney General decides not to prosecute, the PCAC may challenge that decision, as per Act No.
XLI of 2020 [former Bill No. 154]. In line with the RRP, a milestone on this subject is foreseen to be
implemented by the end of 2024. The review shall assess the effects of Act XLI of 2020 and whether an
appeal against non-prosecution by the Attorney General or the Police should also be made possible. 2021
Rule of Law Reports, Country Chapter on the rule of law situation in Malta, p. 10.
93
The programmes aims at addressing the skills gap, see at.
https://publicservice.gov.mt/en/Pages/Initiatives/New-Strategy-for-the-Public-Service.aspx.
94
Written contribution from the Public Service Commission in the context of the country visit to Malta.
95
In light of criminal proceedings initiated against public officers, the Commission recommended suspension
in the 13 cases. There is no data concerning the follow-up of the recommendations issued by the Prime
Minister’s office. Written contribution from the Public Service Commission in the context of the country
visit to Malta.
96
Disciplinary measures for minor misconduct are taken at the department level.
97
Information received from the Police in the context of the country visit to Malta.
98
An Internal Audit Office (IAO) within the Malta Police Force has been set up and a new Internal Auditor has
been appointed in May 2021. Input from Malta for the 2022 Rule of Law Report, p. 23.
99
Appointed by the Police Commissioner in accordance with the policy regulating Business Interests and
Additional Occupations.
100
Information received from the Police in the context of the country visit to Malta.
12
Although ethics rules for high-ranking officials are being implemented, improvement is
needed so as to overcome legislative and operational gaps. There are ethics rules for high-
ranking officials, members of Parliament and ministers in place, including on asset
disclosure101
, conflicts of interest102
and lobbying103
. The Commissioner for Standards in
Public Life (‘the Commissioner’) monitors the ethical conduct of ministers, parliamentary
secretaries and members of Parliament. In the second half of 2021, on the recommendation of
the Commissioner104
, the Standards Committee of the Parliament issued one reprimand for a
case of failure to declare income, and one on a conflict of interest105
. Following
recommendations presented by the Commissioner, the regulation on lobbying is under
review106
. Legislative and operational gaps exist on the appointment and functioning of the
Commissioner’s office107
. Despite the expiration of the Commissioner’s mandate, a new
Commissioner was not appointed108
. By law, the Commissioner has the power to collect
evidence in the course of an open investigation but has no power to decide whether to open
an investigation109
, including against individuals whose public office ceased. Following the
adoption of the 2021 law110
, the concerns previously raised by both the Venice Commission
101
GRECO recommended that the regime of asset and interest declaration be extended to persons entrusted
with top executive functions, ensuring the publication and checks of the declarations. GRECO (2022) Fifth
Evaluation Round – Compliance Report, p. 13.
102
GRECO recommended that the system for managing conflicts of interest be supplemented with clearer limits
on permissible parallel activities. GRECO (2022) Fifth Evaluation Round – Compliance Report, pp. 11-13.
103
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11.
104
Since 2021, Commissioner for Standards in Public Life (“the Commissioner”) has the power to refer prima
facie findings of possible corruption to the prosecution authorities. Act No. XVI of 2021 - Appointment
(Persons of Trust) Act published in April 2021. Input from Malta for the 2022 Rule of Law Report, p. 28.
105
The other case is suspended, pending criminal proceedings. Information on the composition, competence and
activity reports of the Standing Committee for Standards in Public Life is available at the official webpage
https://parlament.mt/en/14th-leg/standards-in-public-life-committee/.
106
The Government decided to request the OECD to review of the proposed recommendations. Input from
Malta for the 2022 Rule of Law Report, p. 28. GRECO recommended that rules be laid down to govern
contacts between persons with top executive functions and lobbyists. GRECO (2022) Fifth Evaluation
Round – Compliance Report, p. 10.
107
For example, the publication of cases decided by the Parliament’s Standards Committee is subject to the
Committee’s authorisation, regardless of the recommendations of the Commissioner. The political
composition of the members of the Committee raises concerns on the technical expertise and independence
of its decisions. Finally, the members of government boards (including the governing boards of public
entities) and local councillors are currently excluded by the application of the ethical provisions. Neither
group is currently subject to an independent body capable of enforcing ethical standards. Information on the
composition, competence and activity reports of the Standing Committee for Standards in Public Life is
available at the official webpage https://parlament.mt/en/14th-leg/standards-in-public-life-committee/.
Information on the competence of the Commissioner for Standards in Public Life (“the Commissioner”) is
available at the official webpage at https://standardscommissioner.com/the-role-of-the-commissioner/.
108
The law indicates for the current Commissioner to remain in office until a new Commissioner is appointed
(except in case of resignation before the term of office expires). In case the Parliament is unable to appoint a
new Commissioner (for example for lack of a two-thirds majority), the President of the Republic could be
granted the right to make an appointment on his own judgement. Although the appointment of the
Commissioner requires a two-thirds majority in Parliament, the law governing the office can be amended
with a simple majority.
109
For instance, the Commissioner may need to determine whether the subject of the complaint is a person of
trust (who can be investigated by the Commissioner’s office) or a regular public employee (who cannot be
investigated by the Commissioner’s office). GRECO recommended that all persons with top executive
functions be subjected to the supervision of the Commissioner for Standards in Public Life. GRECO (2022)
Fifth Evaluation Round – Compliance Report, p. 19.
110
Act No. XVI of 2021, to provide for the amendment of the laws relative to the appointment of persons of
trust. Today, the persons of trust are only those individuals that come from the private sector, and are
appointed to a temporary position in the public administration. If, on the other hand, a public official is
13
and the Group of States against Corruption (GRECO), on the number and duration of persons
of trust, as well as those of the Commissioner (on the feasibility and effectiveness of the
control on the ethical conduct of persons of trust)111
, remain unaddressed112
. In 2021, the
Commissioner’s office issued clarification letters to six members of Parliament for
verification of declarations of assets for 2020: these cases remain pending113
. The review of
the code of conduct for members of Parliament and Ministers that was recommended by the
Commissioner’s office in July 2020, remains unaddressed. An ongoing initiative114
aims to
strengthen the capacity of the Commissioner for Standards in Public Life’s Office to perform
its advisory and control functions, and to improve the ethics framework in Malta.
There are provisions in place to audit public institutions including political parties’
finances. In 2021, the National Audit Office (NAO), responsible to audit the accounts of
Government offices, performed 40 compliance audits, six performance audits and 12 follow-
up audits. The findings did not reveal suspicion of corruption115
.. Stakeholders raised
concerns that cases of unexplained wealth (or illicit enrichment) are solved by tax authorities
and are therefore not considered a crime nor properly investigated by prosecution or judicial
authorities116
. The online publications by the Electoral Commission, competent to audit the
finance of political parties (including statement of accounts and donation reports), only refer
to checks performed prior to 2019, and checks after such date are still being reviewed117
. The
Commissioner for Standards in Public life’s office launched an investigation into the misuse
of public funds by a political party in early 2022118
.
A new regulation on the protection of whistleblowers has recently been adopted. The
Protection of the Whistleblower Act was amended in December 2021119
, aiming to transpose
Directive (EU) 2019/1937. In line with the Malta’s Recovery and Resilience Plan, a
milestone on a database collecting data on whistleblowing is foreseen to be implemented by
temporarily seconded to another public service (such as a Ministry or any other institution), s/he is not
considered by the law a person of trust stricto sensu.
111
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11. A guidance note on
persons of trust was published online in 2019 (revised in April 2021) by the Commissioner’s office,
available at https://standardscommissioner.com/wp-content/uploads/persons-of-trust-guidance-note.pdf.
112
GRECO recommended that on the basis of proper risk assessments an integrity strategy be developed and
implemented in respect of all pertinent categories of persons entrusted with top executive functions. GRECO
(2022) Fifth Evaluation Round – Compliance Report, p.5-7. Additionally, in December 2021 the US State
department issued a Public Designation of Former Maltese Public Officials Konrad Mizzi and Keith
Schembri Due to Involvement in Significant Corruption.
113
Due to the general election of March 2022, the Commissioner’s office did not receive the declarations of
assets of both Members of Parliament and Ministers for the year 2021. Similarly, the Commissioner’s office
did not receive income tax statements from parliamentarians for the year 2020, despite a demand that was
placed with the Speaker of the Parliament. Information on the competence and activity reports of the
Commissioner for Standards in Public Life (“the Commissioner”) is available at the official webpage
https://standardscommissioner.com/the-role-of-the-commissioner/.
114
The project ‘Improving the integrity and transparency framework in Malta’, implemented by the OECD, was
launched in September 2021 and has a duration of 24 months.
115
Information received in the context of the country visit to Malta from the NAO.
116
Information received in the context of the country visit to Malta from the NGOs, notably Repubblika, the
Daphne Caruana Galizia Foundation, and Aditus Foundation.
117
Information received from the Ministry of Justice in the context of the country visit to Malta. Electoral
Commission of Malta webpage https://electoral.gov.mt/finance-en.
118
Information on the competence and activity reports of the Commissioner for Standards in Public Life (“the
Commissioner”) is available at the official webpage https://standardscommissioner.com/the-role-of-the-
commissioner/.
119
By the Act No. LXVII of 2021. Input from the Country for the 2022 Rule of Law Report, p. 32.
14
the end of 2024120
. In total, two reports from whistleblowers were addressed to PCAC since it
was created121
.
Malta’s investor citizenship legislative framework continues to raise concerns. The
European Commission has frequently raised its serious concerns about investor citizenship
schemes and certain risks, including corruption, that are inherent in such schemes122
. As
noted in the 2021 Rule of Law Report123
, the Commission considers that Malta’s operation of
an investor citizenship (‘golden passport’) scheme, that is the systematic granting of EU
citizenship in return for pre-determined payments or investments, is in breach of EU law and
should therefore be repealed. As a result, in April 2022, the European Commission proceeded
with the next stage of the infringement124
procedure and decided to send a reasoned opinion
to Malta125
regarding the current legislative framework126
.
The specific rules to mitigate the risks of corruption in public procurement during the
COVID-19 pandemic remain in place. Since July 2021, procurement officers are mandated
to sign and submit a declaration of absence of conflict of interest127
. In 2021, the Department
of Contracts issued two internal policy notes on fraud and corruption, aimed at assessing and
mitigating risk of corruption in public procurement128
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
Freedom of expression is enshrined in the Constitution of Malta129
, as well as in the European
Convention Act. The Media and Defamation Act of 14 May 2018 brought about an overall
positive overhaul of defamation laws. The Constitution sets out the composition, appointment
120
On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October
2021 on the approval of the assessment of the recovery and resilience plan for Malta, under which the
Milestone no. 6.14 states: ‘Data/statistics to be made accessible by publishing regular information on (i)
number of complaints received; (ii) when they are received; (iii) when they were treated; (iv) when the
whistle-blower is informed of the outcome; and (v) sectors reported’.
121
The two reports were transmitted in 2021 to the Police, for investigation. PCAC requested updated
information to the Police on the ongoing investigation. The response has yet to come. Information received
in the context of the country visit to Malta from the PCAC.
122
As mentioned in the EU Commission's report of January 2019, those risks relate in particular to security,
money laundering, tax evasion and corruption and the Commission has been monitoring wider issues of
compliance with EU law raised by investor citizenship schemes.
123
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p.12.
124
INFR(2020)2301.
125
Following Russia’s invasion of Ukraine, the Commission also called on Member States operating an investor
citizenship scheme to repeal it immediately and to assess the possibility to revoke naturalisations previously
granted to certain Russian and Belarusian individuals (see Commission recommendation on immediate steps
in the context of the Russian invasion of Ukraine in relation to investor citizenship schemes and investor
residence schemes (C(2022) 2028 final)). On 2 March 2022, Malta suspended, until further notice, the
processing of applications from nationals of the Russian Federation and Belarus in view of the impossibility
to effectively carry out due diligence checks, and later initiated the process of deprivation of Maltese
nationality for an individual sanctioned by the United States (Maltese Ministry for Home Affairs, Security,
Reforms and Equality (2022), Press Release of 1 April 2022, PR220426en).
126
Commission recommendation on immediate steps in the context of the Russian invasion of Ukraine in
relation to investor citizenship schemes and investor residence schemes (C(2022) 2028 final).
127
Published through an Internal Policy Note dated 9 July 2021. Input from Malta for the 2022 Rule of Law
Report, p. 33.
128
Definition and Mitigation Measure (dated 9 September 2021) and Collusive Bidding in Public Procurement
(dated 13 October 2021). Input from Malta for the 2022 Rule of Law Report, p. 33.
129
Article 41 of the Constitution.
15
and removal procedures and independence of the Broadcasting Authority and lays down its
basic functions130
. The Freedom of Information Act establishes the legal framework for
access to information held by public authorities. Legislation was enacted in 2020 to transpose
the Audiovisual Media Service Directive131
into Maltese law. The reforms proposed by the
Government in the wake of the report of the public inquiry into the assassination of Daphne
Caruana Galizia include an amendment to the Constitution of Malta132
to specifically include
a reference to freedom and pluralism of the media and a number of amendments to the Media
and Defamation Act133
.
The public inquiry into the assassination of journalist Daphne Caruana Galizia issued
conclusions and recommendations directly relating to the state of media freedom . On 29
July 2021, the final report of the public inquiry was published134
, concluding that no evidence
had been brought proving that the state qua state was directly involved in the assassination of
Ms Caruana Galizia, but that nevertheless the State is still responsible for failing to fully
protect Ms Caruana Galizia and her right to exercise her profession in a free and secure
manner135
. The board concluded that the Police had failed to properly gauge the risks
increasingly faced by Ms Caruana Galizia in particular after her investigations into the
Panama Papers136
and that the State should remedy this state of affairs impacting the safety of
journalists in Malta. The report concludes that public service media had failed to carry out its
public service mission due to its failure to correctly and adequately report on the serious
allegations of corruption which were uncovered by investigative journalists, including Ms
Caruana Galizia. The board consequently recommends amendment of the relevant
constitutional provisions governing the Broadcasting Authority’s remit, in particular with
regard to public service media137
. Furthermore, the report recommends a reform of the
Freedom of Information Act to prevent the common practice of arbitrary refusals by public
authorities of requests for access to information held by them138
, the adoption of adequate
anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation, and the prohibition
of frivolous libel cases against journalists by people in power139
. The board recommends the
establishment of a system geared at ensuring fair, equitable and non-discriminatory
distribution of state advertising revenues to counter the risks of political pressure and
control140
.
Following the publication of the board of inquiry’s report, the Government has
proposed a number of reforms to address certain recommendations. The Government
130
Articles 118 and 119 of the Constitution.
131
Directive (EU) 2018/1808 on the coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the provision of audiovisual media services (Audiovisual
Media Services Directive) in view of changing market realities.
132
Article 41 of the Constitution.
133
Malta ranks 78th in the 2022 Reporters without Borders World Press Freedom Index compared to 81st in the
previous year.
134
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia. The inquiry heard of 120 witnesses
over 93 sittings throughout 2020 and 2021.
135
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 395.
136
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 418.
137
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 432.
138
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, pp. 432 – 433.
139
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 433.
140
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 434.
16
held consultations with certain stakeholders141
and submitted a number of draft legislative
amendments. On 11 January 2022, it established a Committee of Experts on Media to follow
up on the matter. The Committee was tasked with analysing the journalism and media sector
in Malta; underlining areas which require development; making recommendations to the
Prime Minister and examining the draft legislative amendments prepared by Government142
.
The draft legislative amendments submitted by the Government concern an anti-SLAPP
provision; amendments to the Media and Defamation Act relating to discontinuance of
defamation cases following death of the defendant and to the moment of payment of court
fees by the defendant; an amendment to the Criminal Code increasing the punishment for
offences when committed against journalists while they are exercising their profession and an
amendment to Article 41 of the Constitution to specifically include reference to freedom and
pluralism of the media and the status of journalists143
. These draft amendments, if adopted,
would improve certain procedural aspects of defamation law and would specifically
recognise the status of journalists in the Criminal Code and the Constitution. The Committee
of Experts was initially given 2 months to conclude its work and present a report.
International and Maltese NGOs have expressed concerns with regard to a consultation
process which appears to have been selective and not fully transparent in spite of the fact that
this is a matter of wide public interest144
.
There have been no developments with regard to the legislative framework establishing
the Broadcasting Authority. Due to the Broadcasting Authority’s clearly defined
responsibilities145
and transparent operations, the Media Pluralism Monitor 2022 maintains its
low risk score in terms of the independence and the effectiveness of the authority while
finding the fact that all board members are political appointees to be problematic. 146
.
Reiterating its analysis made in previous years147
, MPM 2022 states that the Broadcasting
Authority mainly monitors and regulates public service media (i.e. Public Broadcasting
Services - PBS)148
. This means that the two other main broadcasting outlets - owned by the
Labour Party and the Nationalist Party respectively – are considered “to balance each other
out editorially”, thereby in effect contributing to a polarised media landscape. The public
inquiry report specifically concluded that the concept of impartiality is erroneously
interpreted by the Broadcasting Authority149
and the constitutional case lodged to challenge
this state of affairs is ongoing150
.
There have been no developments with regard to media ownership transparency. As
explained in previous reports, the Broadcasting Authority gathers ownership information
141
Consultations were held with the Caruana Galizia family and their legal representatives, the Institute of
Maltese Journalists (IĠM) and certain international media freedom organisations. The Organization for
Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media, the European
Commission, the European Parliament LIBE Committee and the Rule of Law and Fundamental Rights
Monitoring Group (DFRMG) were informed about these developments.
142
The Committee is chaired by former Justice, who also acted as Chair of the Public Inquiry Board and is
composed of individuals who have a wide knowledge of or experience in the media in Malta.
143
Input from Malta for the 2022 Rule of Law Report.
144
Written contributions of NGOs Repubblika, the Daphne Caruana Galizia Foundation and Article 19.
145
Articles 118 and 119 of the Constitution and Chapter 350 of the Laws of Malta.
146
2022 Media Pluralism Monitor, country report on Malta, p. 13.
147
2020 and 2021 Media Pluralism reports on Malta.
148
2022 Media Pluralism Monitor, country report on Malta, p.13.
149
Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 441.
150
Case 47/2021 - Lovin Malta Ltd. et vs. the State Advocate, lodged on 1 February 2021.
17
relating to broadcasting media outlets151
while no specific obligations exist whereby media
companies are required to publish their ownership structures on their website or in records
and documents that are accessible to the public, that go beyond the obligations to list the
company directors and shareholding stipulated in the Companies Act. There have been no
developments with regard to the legislative or policy frameworks regulating media ownership
transparency and no legislative changes are planned. Consequently, MPM 2022 maintains its
medium risk score in this field152
.
Guidelines on government advertising and promotional material proposed by the
Commissioner for Standards in Public life have entered into force153 but a legal
framework for transparent state advertising is lacking. As noted in the 2021 Report the
lack of a legal framework regulating state advertising continues to provide room for abuse154
.
Adopted in August 2021, the guidelines provide guidance to ministers with a view to
avoiding the inappropriate use of public funds in the production, publication or distribution of
advertising and promotional material by or for the Government. The guidelines are geared at
ensuring that ministers do not spend public funds on personal or political publicity and
establish certain standards as to the quality and nature of the content of such material. While
the guidelines lay down that ‘public funding should be directed to the media for advertising
purposes on the basis of fair and objective criteria’, they do not, in fact, establish a new
legislative framework for the transparent and equitable distribution of state advertising
revenues but, rather, provide clarity on how the Commissioner will interpret existing
legislation and Ministerial Codes of Ethics in connection with Government advertising and
promotional material. .
The review of the legal framework enabling access to information held by public
authorities remains pending155. While the Institute of Maltese Journalists (IGM), several
NGOs156
and MPM 2022 report that journalists have continued to consistently encounter
difficulties when requesting such access, due to numerous rejections, significant delays and
absence of reply, the government review of the matter is ongoing157
. For these reasons MPM
2022 has maintained a relatively high medium risk score (61%) for this area158
.
The Broadcasting Act establishes a basic framework for the establishment of public
service media in Malta. The Broadcasting Act provides the legislative framework for the
establishment of a company, owned by the Government, for the provision of public
broadcasting services. The Act establishes that the Government may, through a company
designated by the Minister as a company providing public broadcasting services, own, control
or be editorially responsible for nationwide television and radio services. Furthermore, the
Act defines ‘general interest objective service’. The board of directors of the company which
is currently designated, PBS, is entirely nominated by the Government, while a separate
editorial board is composed of a chairman, two voting members and three to four non-voting
151
2020 and 2021 Rule of law reports, Country Chapter on Malta.
152
2022 Media Pluralism Monitor, country report on Malta, p. 15.
153
Guidelines available at: https://standardscommissioner.com/wp-content/uploads/guidelines-government-
advertising-promotional-material.pdf.
154
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 14.
155
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 14-15.
156
Information received from RSF, Article 19, ECPMF, EFJ, FPU, IPI, OBCT and The Daphne Caruana
Galizia Foundation in the context of the country visit to Malta.
157
Input from Malta for the 2022 Rule of Law Report.
158
2022 Media Pluralism Monitor, country report, Malta, p. 12.
18
members representing management159
. PBS’ revenues accrue from commercial advertising
and state advertising (70%) and annual budgetary allocations (30%). The Media Pluralism
Monitor has consistently considered the independence of public service governance and
funding to be an area presenting very high risk, given that ‘the government has a significant
and direct influence on public service media structures, in view of the fact that members of its
board of directors as well as its editorial board are appointed by the State, and key decision-
making personnel are also appointed by the Minister concerned, thus making it particularly
vulnerable to political influence’160
.
Journalists continue to face challenges in the exercise of their profession161. This has
been confirmed by journalists, the IGM as well as several NGOs162
and MPM 2022163
maintains its medium risk score for this area. The Government has prepared draft legislative
amendments, still under consideration by the Committee of Experts on Media, to address
certain concerns raised by the Public Inquiry relating to the protection of journalists and other
media actors164
. The Council of Europe Platform to promote the protection of journalism and
the safety of journalists reported three new alerts and one ongoing alert since the publication
of the last rule of law report165
, relating to two spoofing campaigns by unknown
individuals166
; the continued threat of legal action by a UK-based law firm based on data
protection legislation against a Maltese newspaper; a journalist who was required to hand
over his mobile phone to a court security officer and the targetting of a blogger during the
governing party’s electoral campaign. The Malta Police Force has sought the assistance of
British and Italian counterparts and the European Union Agency for Law Enforcement
Training (CEPOL) to facilitate the sharing of information, expertise and best practices
relating to the safety of journalists167
. Furthermore, it intends to sign a Memorandum of
Understanding with the IGM on the matter and initiated a Standard Operating Procedure
related to the protection of journalists, media actors and public figures at risk168
. In August
2021, an alleged mastermind of the assassination of Ms Caruana Galizia was indicted for the
assassination on charges of complicity in murder and criminal association and the criminal
proceedings are ongoing.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Malta is a parliamentary republic where legislative power is vested in the House of
Representatives, a unicameral Parliament elected for a five-year term. The executive
authority is vested in the President elected by Parliament, and in the Cabinet headed by the
159
PBS runs TVM and TVMNews+ television channels and Radju Malta, Radju Malta 2 and Magic Malta radio
stations. It also operates the Parliament TV service under an agreement with the Parliament of Malta.
160
2022 Media Pluralism Monitor, country report on Malta, pp. 21-22.
161
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15.
162
Information received from several stakeholders in the context of the country visit to Malta including the
IGM, Aditus Foundation, Repubblika and the Daphne Caruana Galizia Foundation.
163
2022 Media Pluralism Monitor, country report on Malta, pp. 12-13
164
See above, p.16.
165
Council of Europe, Platform to promote the protection of journalism and safety of journalists.
166
Targeting several news websites, NGO Repubblika and a blogger. The Prime Minister condemned these
campaigns and Malta replied to these alerts.
167
Input from the Commissioner of Police in the context of the country visit to Malta. The Commissioner
specified that the creation of a dedicated Unit within the Police was not considered appropriate.
168
Input from Malta for the 2022 Rule of Law Report, and information received from the Commissioner of
Police in the context of the country visit to Malta.
19
Prime Minister. All Government ministers, including the Prime Minister, must be members
of Parliament. The Constitutional Court hears appeals from decisions of other courts on
questions relating to the interpretation of the Constitution and on the validity of laws, as well
as appeals from decisions on alleged breaches of fundamental human rights. The Constitution
establishes a number of independent authorities, including the Office of the
Ombudsperson169
.
Impact assessment reports are mandatory but the lack of a formalised process for
public participation on the legislative process raises concerns. In Malta, there are no rules
or guidelines on public participation on law drafting. In practice, various channels of
consulting the public exist, but they are subject to the discretion of the Ministry in charge of
the preparation of the initiative170
. In addition, when public consultations exist, they are not
always published online in a timely and easily accessible manner171
. Legal amendments172
have been introduced so all pieces of primary and subsidiary legislation must now be
accompanied by a mandatory impact assessment report173
. These reports need to be revised
by the Legislation Unit within the Office of the State Advocate, although the revision is
limited to formal aspects and not based on a quality assessment of the legislation174
. Once
legislative proposals are being discussed in Parliament, there is a practice to invite
stakeholders to meetings of Parliamentary Committees to present their views during
Committee Stage. However, this practice is subject to a decision by the Chair of each
Committee, and it is not systematic or governed by clear rules175
. In this context, stakeholders
have criticised the lack of consultation in the preparation of a number of legislative
proposals176
, reiterating concerns reflected in the 2020 and 2021 Rule of Law Reports177
. In
addition, a group of civil society organisations addressed a letter to the Prime Minister178
,
expressing concerns about the low level of involvement of civil society in policy-making, in
particular about the lack of engagement and commitment to the obligations as a member of
the Open Government Partnership179
.
169
Article 64 of the Constitution.
170
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15; information provided
by the Aditus Foundation in the context of the country visit to Malta.
171
GRECO (2019) Fifth Evaluation Round - Evaluation report.
172
Act No. XXII of 2021, which amended the Small Business Act (Chapter 512 of the Laws of Malta).
173
Input from Malta for the 2022 Rule of Law Report, p. 44.
174
Information received from the Office of the State Advocate in the context of the country visit to Malta.
175
Information received from the Secretariat of the Parliament in the context of the country visit to Malta.
176
Repubblika (2022), Letter of 17 January 2022 Repubblika writes to Ursula von der Leyen and Vera Jourová;
written contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit
to Malta.
177
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Malta, p. 18.
178
Civil organisations (The Daphne Caruana Galizia Foundation, aditus Foundation, SOS Malta, Integra
foundation, Kopin, Repubblika) (2021) Letter to Prime Minister Abela of 17 June 2021.
179
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, pp. 8-9. The Open Government Partnership (OGP) is a global partnership that
brings together Government reformers and civil society to create action plans that make governments more
inclusive, responsive, and accountable. On 7 February 2020, the Open Government Partnership notified the
Maltese Government of its lack of compliance with the Partnership's obligations to submit a complete
version of the Action Plan with all requirements requested. After the lack of submission in 2017, and the
incorrect submission in 2020, the Partnership placed Malta under procedural review by the OGP Criteria and
Standards Committee.
20
The President-led Constitutional Convention remains on hold since the start of the
COVID-19 pandemic. As referred to in the 2021 Rule of Law Report180
, the Government
has announced its intention to launch the Constitutional Convention as soon as the pandemic
situation permits181
. Amongst the issues which the Convention would be expected to address
are concerns regarding the appointment procedures of bodies such as the Electoral
Commission, the Public Service Commission, the Broadcasting Authority182
, the Central
Bank of Malta and the Information and Data Protection Commissioner183
, as well as a
reflection on the role of the Parliament. As noted in the 2020 Rule of Law Report184
, the
Venice Commission found that the Maltese Parliament needs to be strengthened to be an
effective check on Government and recommended changing the system in order to provide
for full-time work and payment of members185
.
The Ombudsperson remains carrying out his mandate until an agreement is reached in
Parliament to appoint a new person to occupy such role and the draft law establishing a
Commission for Human Rights and Equality remains under discussion in Parliament.
The term of office of the Ombudsperson expired on 16 March 2021. Since then, consultations
between the Prime Minister and the Leader of the Opposition for the choice of his successor
have taken place, but no agreement has been reached186
. The law187
provides that unless the
Office of the Ombudsperson becomes vacant before the expiry of the Ombudsperson’s first
term, the person appointed as Ombudsperson shall hold office until a successor is appointed.
Therefore, the Ombudsperson has continued exercising their duties in a caretaker mode,
although the delay in the renewal has been identified as causing uncertainty and
apprehension188
; the lack of an anti-deadlock mechanism for the renewal has also been
highlighted by the President of Malta189
. Furthermore, the proposal to establish a national
human rights institution has been pending in Parliament since 2019190
and no significant
progress has occurred since then. The establishment of such an institution would reply to
commitments taken under the UN Paris Principles191
.
There was no progress on ensuring consistent follow-up of Constitutional Court’s
judgments where laws are found to be unconstitutional192. According to the Maltese
constitutional order, judgments of the Constitutional Court do not have erga omnes effect and
thus laws found unconstitutional remain in force until Parliament repeals them. While the
lack of consistency on the side of the Parliament to follow up to Constitutional Court
180
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 17.
181
Input from Malta for the 2022 Rule of Law Report, p. 50. The timing, process and public participation
remain to be determined.
182
Venice Commission opinion, CDL-AD(2020)019-e, para. 85.
183
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15.
184
2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15.
185
Venice Commission opinion, CDL-AD(2020)006, paras. 92-94.
186
The renewal of the Ombudsperson requires a two-thirds majority of members of Parliament.
187
The Ombudsman Act (Act XXI of 1995).
188
Written contribution received from the Daphne Caruana Galizia Foundation in the context of the country
visit to Malta.
189
Press release by the Office of the President of 13 December 2021, Speech delivered by the President of
Malta George Vella on the occasion of Republic Day.
190
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 16.
191
Resolution 48/134 of the General Assembly of the United Nations of 20 December 1993.
192
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 17.
21
judgments has been raised as an issue by the Venice Commission193
, there are no plans by the
Government to address this situation.
On 1 January 2022, Malta had 13 leading judgments of the European Court of Human
Rights pending implementation194. At that time, Malta’s rate of leading judgments from the
past 10 years that remained pending was at 45% and the average time that the judgments had
been pending implementation was 5 years and 1 month195
. The oldest leading judgment,
pending implementation for 16 years, concerns the disproportionate restrictions to property
rights196
. On 1 July 2022, the number of leading judgments pending implementation has
increased to 14197
.
A new Commissioner for Voluntary Organisations was appointed. Following the
resignation of his predecessor on 1 July 2021, a new Commissioner for Voluntary
Organisations was appointed on 3 August 2021198
. The President of Malta has launched a
process entitled ‘VO Plus Convention’ and has requested the Commissioner for Voluntary
Organisations to carry out a consultative process aiming to build a more sustainable voluntary
sector, including possible legal changes199
.
Concerns on civil society organisations’ access to funding have been addressed. In
addition, on 9 November 2021, two legal notices amending the Voluntary Organisations Act
were introduced200
. The legal notices repealed the collector´s obligation to be registered with
the Commissioner for Voluntary Organisations, diminishing the level of discretion of the
Commissioner201
. These amendments are welcomed, as they address concerns previously
raised by stakeholders and reflected in the 2021 Rule of Law Report202
. However, civil
society space continues to be considered as narrowed203
.
193
Venice Commission opinions, CDL-AD(2020)019-e, para. 98, CDL-AD(2020)006, para. 80-84 and
CDLAD(2018)028, paras. 74-79.
194
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
195
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 58.
196
Judgment of the European Court of Human Rights of 26 September 2006, Ghigo v. Malta, 31122/05,
pending implementation since 2006.
197
Data according to the online database of the Council of Europe (HUDOC).
198
Input from Malta for the 2022 Rule of Law Report, p. 49 and 2021 Rule of Law Report, Country Chapter on
the rule of law situation in Malta, p. 18.
199
Input from Malta for the 2022 Rule of Law Report, p. 49.
200
The Legal Notices are the Voluntary Organisations (Public Collections) (Amendment) Regulations, 2021
(LN424/21); and the Voluntary Organisations (Charity Shops) (Amendment) Regulations (LN425/21).
201
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, p. 6.
202
2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 18-19.
203
Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed
and closed. According to CIVICUS, in general, civic space freedoms are generally respected in Malta.
However, reports indicate that conditions for journalists and activists who campaign for justice have become
increasingly hostile, especially those reporting on corruption.
22
Several initiatives by civil society organisations aimed to promote the rule of law and
strengthen access to justice are being implemented. In September 2021, the Daphne
Caruana Galizia Foundation launched the Public Interest Litigation Network (PILN), a
network of public interest litigation lawyers aimed at increasing awareness of policy and
legal systems based on the rule of law and respect for human rights204
. The objective of the
network is to promote access to justice for victims of discrimination, human rights violations,
abuse of power, and state collusion in criminal activity through the establishment of a
supportive framework of legal cases to command institutional reform and accountability205
.
In addition, the Aditus Foundation206
is implementing the project “Strengthening Access to
Justice for Improved Human Rights Protection”207
.
204
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, p. 8.
205
For the moment, the organisation consists of 12 representatives, including a governance committee
composed of 5 members.
206
Aditus foundation is a non-governmental organisation established in 2011 with a mission to monitor, report
and act on access to human rights in Malta.
207
Franet (2022), Country research - Legal environment and space of civil society organisations in supporting
fundamental rights – Malta, p. 7. The project is currently assessing areas such as access and quality of legal
aid services, capacity of administrative tribunals to cope with caseload, level of expertise tribunals in
relevant matters, enforcement mechanisms, etc. The project will include recommendations in those areas and
it is expected to be finalised by December 2022. Aditus Foundation (2022), Strengthening Access to Justice
for Improved Human Rights Protection.
23
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Aditus Foundation (2022), Contribution from the Aditus Foundation for the 2021 Rule of Law Report.
Aditus Foundation (2022), Strengthening Access to Justice for Improved Human Rights Protection
https://aditus.org.mt/our-work/projects/strenghtening-access-to-justice-for-improved-human-rights-
protection/#.Yl_R7MhBxPb.
Association of Judges & Magistrates of Malta (2021), Press article Court: a critical situation.
Association of Judges & Magistrates of Malta (2021), Statement 23 August 2021
https://timesofmalta.com/articles/view/court-a-critical-situation-mr-justice-francesco-
depasquale.895198.
Board of Inquiry (2021), Public Inquire Report Daphne Caruana Galizia
https://www.documentcloud.org/documents/21114883-public-inquiry-report-en.
Centre for Media Pluralism and Media Freedom, Monitoring Media Pluralism in the Digital Era in
the year 2021 (2022) Country report: Malta.
Civicus, Monitor tracking civic space – Malta https://monitor.civicus.org/country/malta/.
Civil organisations (The Daphne Caruana Galizia Foundation, aditus Foundation, SOS Malta, Integra
foundation, Kopin, Repubblika) (2021) Letter to Prime Minister Abela of 17 June 2021 https://cdn-
others.timesofmalta.com/e0023d7ca8182d0baec60b731c446c8f86a202c9.pdf.
Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court Presidents
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe: Venice Commission (2018), Opinion on Constitutional arrangements and
separation of powers and the independence of the judiciary and law enforcement CDL-AD(2018)028-
e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2018)028-e.
Council of Europe: Venice Commission (2020), Opinion of 8 October 2020 on Malta - Opinion on ten
Acts and bills implementing legislative proposals subject of Opinion CDLAD(2020)006 - CDL-
AD(2020)019-e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)019-e).
Council of Europe: Venice Commission (2020), Opinion on proposed legislative changes
CDLAD(2020)006 https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)006-e.
Court of Justice of the European Union, judgment of 20 April 2021, Repubblika, C-896/19,
EU:C:2021:311.
Court of Justice of the European Union, judgment of 2 March 2021, AB et al., C-824/18,
EU:C:2021:153.
Courts Service Agency (2021), Right to be Forgotten (Guidelines)
https://ecourts.gov.mt/onlineservices/RightToBeForgotten.
Daphne Caruana Galizia Foundation (2022), Written contribution received by the Daphne Caruana
Galizia Foundation in the context of the country visit to Malta.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
24
European Commission (2020), Rule of Law report, Country Chapter on the rule of law situation of
Malta.
European Commission (2021), 2021 Rule of Law report, Country Chapter on the rule of law situation
of Malta.
European Commission (2022), 2022 EU Justice Scoreboard.
European Commission (2022), Commission recommendation on immediate steps in the context of the
Russian invasion of Ukraine in relation to investor citizenship schemes and investor residence
schemes, C(2022) 2028 final.
European Court of Human Rights, judgment of 26 September 2006, Ghigo v. Malta, 31122/05.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
European Network of Councils for the Judiciary (2009), Resolution on Transparency and Access to
Justice https://encj.eu/images/stories/pdf/opinions/resolutionbucharest29may_final.pdf.
Franet, The People for Change Foundation (2022), Country research - Legal environment and space
of civil society organisations in supporting fundamental rights – Malta, Vienna, EU Agency for
Fundamental Rights, https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related.
GRECO (2019), Fifth Evaluation Round – Evaluation Report on Malta on preventing corruption and
promoting integrity in central governments (top executive functions) and law enforcement agencies.
GRECO (2022) Fifth Evaluation Round – Compliance Report on Malta on Preventing corruption and
promoting integrity in central governments (top executive functions) and law enforcement agencies.
Maltese Government (2021), Digital Justice Strategy 2022-2027
https://justice.gov.mt/en/justice/Pages/DigitalJusticeStrategy.aspx.
Maltese Government (2022), Establishment of A Committee Of Experts On Media, Information Note,
11 January 2022
https://www.gov.mt/en/Government/DOI/Press%20Releases/PublishingImages/Pages/2022/01/11/pr2
20024/pr220024a.pdf.
Office of the President of the Republic (2021), Speech delivered by President of Malta George Vella
on the occasion of Republic Day https://president.gov.mt/speech-delivered-by-president-of-malta-
george-vella-on-the-occasion-of-republic-day/?lang=en.
Public Service Commission (2022), Written contribution from the Public Service Commission in the
context of the country visit to Malta.
Repubblika (2022), Letter of 17 January 2022 Repubblika writes to Ursula von der Leyen and Vera
Jourova https://repubblika.org/press-release/repubblika-writes-ursula-von-der-leyen-and-vera-
jourova/.
Repubblika (2022), Written contribution received by Repubblika in the context of the country visit to
Malta.
Transparency International (2021), Corruption Perceptions Index 2020.
United Nations (1993), Resolution 48/134 of the General Assembly of the United Nations of 20
December 1993.
25
Annex II: Country visit to Malta
The Commission services held virtual meetings in April 2022 with:
 Academics
 Association of Judges and Magistrates of Malta
 Auditor General
 Aditus Foundation
 Chamber of Advocates
 Commissioner for Standards in Public Life
 Commissioner for Voluntary Organisations
 Court Service Agency
 Daphne Caruana Galizia Foundation
 Industrial Tribunal
 Information and Data Protection Commissioner
 Internal Audit and Investigations Department
 Institute of Maltese Journalists
 Legal Aid Malta
 Ministry for Foreign and European Affairs and Trade
 Ministry for Justice
 Office of the Attorney General
 Permanent Commission against Corruption
 Police: Financial Crimes Investigations Department
 Public Broadcasting Services Limited
 Public Service Commission
 Repubblika
 Secretariat of the Parliament
 State Advocate
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute ( OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe