Quality of Democracy
#32Key Findings
Showing a number of evident gaps, Malta scores relatively poorly in international comparison (rank 32) with regard to the quality of democracy. Its score in this area has improved by 0.5 points relative to 2014.
A recently passed law governs political-party donations, but the enforcement mechanism is effectively toothless. Gender quotas have been created for parliamentary lists and for the electoral commission. No provision for overseas voting is available, which proved more damaging as the pandemic hampered travel.
Defamation laws are used to target journalists. Political parties own some media outlets. Government pressure on the media increases during election years. Civil rights and political liberties are generally respected. Discrimination on the basis of political affiliation remains a problem, and women are underrepresented in many social areas. Racial profiling is a concern.
Though anti-corruption measures have been strengthened, outside observers have called for stronger money-laundering regulations. Conflicts of interest remain common. There is little transparency in allocating public contracts. A new, less politicized judicial-appointments process has been implemented.
A recently passed law governs political-party donations, but the enforcement mechanism is effectively toothless. Gender quotas have been created for parliamentary lists and for the electoral commission. No provision for overseas voting is available, which proved more damaging as the pandemic hampered travel.
Defamation laws are used to target journalists. Political parties own some media outlets. Government pressure on the media increases during election years. Civil rights and political liberties are generally respected. Discrimination on the basis of political affiliation remains a problem, and women are underrepresented in many social areas. Racial profiling is a concern.
Though anti-corruption measures have been strengthened, outside observers have called for stronger money-laundering regulations. Conflicts of interest remain common. There is little transparency in allocating public contracts. A new, less politicized judicial-appointments process has been implemented.
Graph View
Graph View
How fair are procedures for registering candidates and parties?
10
9
9
Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
8
7
6
7
6
A few restrictions on election procedures discriminate against a small number of candidates and parties.
5
4
3
4
3
Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
2
1
1
Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
Elections are regulated by the constitution and the General Elections Act. Malta uses a single transferable vote (STV) system. Candidates can stand either as independents or as members of a political party. Parties can field as many candidates as they wish, and candidates may choose to stand in two electoral districts. If elected in both districts, a candidate will cede their second seat. The system allows for a diversity of candidates and restrictions are minimal, though legal restrictions based on residency, certain official functions and court judgments exist. There have been persistent calls for electoral system reform on the basis of several issues, namely the lack of an official national minimum threshold; the fact that candidates are no longer listed alphabetically, giving an advantage to certain candidates; and the lack of correctives to encourage the election of female candidates. The latter has been partially addressed. At the next election, if the percentage of women elected falls below 40%, a corrective measure will come into play. However, this corrective mechanism only comes into play for the two major parties and is, therefore, said to militate against the interests of smaller parties. Recent provisions ensure greater proportionality. However, the reality is that this has only increased the dominance of the two main parties. Each of the two main parties receive €100,000 annually, which may be used for campaigning. There has been increased calls to ban party funding from the private sector and replace it with a more developed system of state funding. Meetings of the electoral commission are closed and there is an absence of representatives from non-parliamentary parties. As a result of the introduction of the new gender correction mechanism, a minimum of four members from the 10-member electoral commission must now be women.
Citations:
Malta Today 05/07/17 Now is the time for Electoral reform
OSCE/ODIHR (2017) Election Assessment Mission Final Report – Malta
https://www.maltatoday.com.mt/news/national/85019/who_is_lecturing_whom_malta_land_of_clientelism#.YdVcvM0zGP8
Lejn Rapprezentanza Ugwali – Kummissjoni Mahtur mill-Prim Ministru ta’ Malta, OPM.
https://www.maltatoday.com.mt/news/national/95619/public_policy_professor_questions_feasibility_of_optional_fulltime_mp_proposal_in_gender_equality_reform#.YdVdec2mj3E
https://www.maltatoday.com.mt/news/national/20914/the-scent-of-money-20120910#.YdVdpM3X_5M
Malta Today 10/09/21 Women are on Malta electoral commission after legal changes
Malta Today 28/02/20 Gender mechanism only serves big parties AD Says as government welcomes PN agreement
Citations:
Malta Today 05/07/17 Now is the time for Electoral reform
OSCE/ODIHR (2017) Election Assessment Mission Final Report – Malta
https://www.maltatoday.com.mt/news/national/85019/who_is_lecturing_whom_malta_land_of_clientelism#.YdVcvM0zGP8
Lejn Rapprezentanza Ugwali – Kummissjoni Mahtur mill-Prim Ministru ta’ Malta, OPM.
https://www.maltatoday.com.mt/news/national/95619/public_policy_professor_questions_feasibility_of_optional_fulltime_mp_proposal_in_gender_equality_reform#.YdVdec2mj3E
https://www.maltatoday.com.mt/news/national/20914/the-scent-of-money-20120910#.YdVdpM3X_5M
Malta Today 10/09/21 Women are on Malta electoral commission after legal changes
Malta Today 28/02/20 Gender mechanism only serves big parties AD Says as government welcomes PN agreement
To what extent do candidates and parties have fair access to the media and other means of communication?
10
9
9
All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
8
7
6
7
6
Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
5
4
3
4
3
Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
2
1
1
Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
Malta has both state and private media. However, an overall media authority is absent. The Maltese constitution provides for a broadcasting authority (BA). Owing to its composition and appointment procedure, the BA is not perceived as an independent regulator as it is controlled by the two big parties. There is a lack of transparency with regards to appointments. Its job is to supervise broadcasting and ensure impartiality. However, the BA focuses on the PBS (public broadcasting service) and not private outlets. It also does not monitor campaign coverage but rather acts on complaints. During elections, the BA provides for equal time for the two major political parties on state television on its own political debate programs as well as airtime for political advertising. However, smaller parties or independent candidates do not receive equal treatment by the state-owned media or any media. The PBS management is appointed by government, which is said to negatively impact its independence. The fault lies with the two main parties, as they alone can change this state of affairs. Several two-to-three member organizations, which call themselves a movement, now receive almost the same amount of news coverage as much larger civil society groups. Furthermore, as both parties own media outlets, their voice is much more dominant. The BA and the Press Act require party-run media to allow for a right of reply to an aggrieved party or individual. Access to newspapers becomes increasingly restricted at election time; unrestricted access is obtainable at a cost. The Media Monitor 2020 stated that only 12% believe that the media in Malta provides information free from political pressure and that public service media are free from political pressure. Overall, the political independence of the media scores a very high 94% risk level. Access to the media for minorities is not addressed, and there is an issue of unequal representation of women both in terms of participation and visibility. Malta ranked 81 in the 2021 World Press Freedom Index. The Media Monitor noted that Malta is the only EU member state where political parties have such extensive media ownership
Due to increased competition and the proliferation of privately owned radio and television stations and online news outlets all candidates can now access time in the media to present their views, albeit at a cost. However, the 2017 OSCE election assessment mission report stated that independent candidates and small parties enjoyed little visibility outside of social media. In 2022, the Nationalist Party has taken the state broadcaster to court over what it describes as political bias and propaganda.
Citations:
http://www.ba-malta.org/prdetails?i d=246
Social Media during the 2013 General Election in Malta. Department of Information Malta
www.consilium.europa.eu/media/…/1 st-panel-oswald-main-slide-speaker….
Sammut,C (2007) Malta and the Media Landscape
Monitoring Media Pluralism in Europe: Country Report Malta 2018
2019 World Press Freedom Index: Reporters without Borders
Times of Malta 28/04/19 Reporters without Arguments. Mark Anthony Falzon
Malta Today 22/04/19 Reporters without Brain cells Raphael Vassallo
Media Monitor 2020 European University Institute
World Press Freedom Index 2021
Times of Malta 05/02/22 PN Launches constitutional case over PBS Labour Propaganda
Due to increased competition and the proliferation of privately owned radio and television stations and online news outlets all candidates can now access time in the media to present their views, albeit at a cost. However, the 2017 OSCE election assessment mission report stated that independent candidates and small parties enjoyed little visibility outside of social media. In 2022, the Nationalist Party has taken the state broadcaster to court over what it describes as political bias and propaganda.
Citations:
http://www.ba-malta.org/prdetails?i d=246
Social Media during the 2013 General Election in Malta. Department of Information Malta
www.consilium.europa.eu/media/…/1 st-panel-oswald-main-slide-speaker….
Sammut,C (2007) Malta and the Media Landscape
Monitoring Media Pluralism in Europe: Country Report Malta 2018
2019 World Press Freedom Index: Reporters without Borders
Times of Malta 28/04/19 Reporters without Arguments. Mark Anthony Falzon
Malta Today 22/04/19 Reporters without Brain cells Raphael Vassallo
Media Monitor 2020 European University Institute
World Press Freedom Index 2021
Times of Malta 05/02/22 PN Launches constitutional case over PBS Labour Propaganda
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
10
9
9
All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
8
7
6
7
6
The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
5
4
3
4
3
While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
2
1
1
The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
Malta’s electoral laws are effective and impartial, and are controlled by a constitutionally designated electoral commission. While there is no legal obligation to vote, turnout at general elections is high at over 90%. Maltese law states that any individual sentenced to a minimum prison term of one year cannot vote in elections. In the absence of postal or electronic voting mechanisms, residency qualifications are an obstacle to voting since voters are required to physically cast their ballots in Malta. However, since the 1980s, Maltese nationals living abroad have been able to avail themselves of subsidized travel for voting purposes. Overseas Maltese cannot as yet vote at embassies. Although this capability has long been discussed, nothing has yet transpired. The need to change the system and allow voting overseas is now critical since the pandemic has restricted travel. Amendments to the Electoral Law in 2018 lowered the voting age to 16, making Malta the second country where this has happened. Other changes have helped patients cast their votes during a hospital stay. Notwithstanding, legislation must be harmonized to ensure full voting rights for individuals with mental disabilities. Residents who are not citizens may not vote in national elections, yet in line with EU law, they may participate in local or European Parliament elections. There have been requests for better and more timely information for EU citizens exercising their right to vote. Third-country immigrants and refugees do not have the right to vote. Recommendations have been made to increase transparency in the system. These include a secrecy mechanism for assisted voters as well as laws enabling international observers to examine the election process, the setting of deadlines and publishing of all records of complaint. Malta has now shifted from a manual to an electronic ballot-counting system, which was used for the first time in the European and local council elections of May 2019. In 2022, as a result of the pandemic, the Electoral Commission is setting up a system to ensure that all individuals in quarantine can vote.
In Freedom in the World 2021, Malta scored four out of four for free and fair elections.
Citations:
http://www.timesofmalta.com/article s/view/20130115/elections-news/ad-o n-voting-rights-for-maltese-abroad- party-financing.453281
http://www.timesofmalta.com/articles/view/20 130220/local/Should-prisoners-in-Ma lta-be-allowed-election-vote-.45843 0
Should Migrants have the Right to Vote? Times of Malta 23/06/14
https://www.timesofmalta.com/articles/view/20171015/local/counting-halls-electronic-voting-and-legal-changes-on-electoral.660402
https://www.timesofmalta.com/articles/view/20180305/local/16-year-olds-granted-the-vote-in-national-elections.672453
Times of Malta 19/11/18 Government considering ways for Maltese abroad to vote in embassies
Malta Today 02/12/18 Labour ministers shoot down voting right proposal for non-EU nationals
Malta Today 13/11/18 Voting counting hall transformed as electronic system in place for European elections
https://en.wikipedia.org/wiki/Voting_age#Malta
Malta Independent 26/03/19 PD requests extension of voter registration period
Freedom in the World 2021
VOLT MALTA 28/09/21 Amidst pandemic restrictions Malta should legalize voting in election from abroad Volt Malta says
In Freedom in the World 2021, Malta scored four out of four for free and fair elections.
Citations:
http://www.timesofmalta.com/article s/view/20130115/elections-news/ad-o n-voting-rights-for-maltese-abroad- party-financing.453281
http://www.timesofmalta.com/articles/view/20 130220/local/Should-prisoners-in-Ma lta-be-allowed-election-vote-.45843 0
Should Migrants have the Right to Vote? Times of Malta 23/06/14
https://www.timesofmalta.com/articles/view/20171015/local/counting-halls-electronic-voting-and-legal-changes-on-electoral.660402
https://www.timesofmalta.com/articles/view/20180305/local/16-year-olds-granted-the-vote-in-national-elections.672453
Times of Malta 19/11/18 Government considering ways for Maltese abroad to vote in embassies
Malta Today 02/12/18 Labour ministers shoot down voting right proposal for non-EU nationals
Malta Today 13/11/18 Voting counting hall transformed as electronic system in place for European elections
https://en.wikipedia.org/wiki/Voting_age#Malta
Malta Independent 26/03/19 PD requests extension of voter registration period
Freedom in the World 2021
VOLT MALTA 28/09/21 Amidst pandemic restrictions Malta should legalize voting in election from abroad Volt Malta says
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
10
9
9
The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
8
7
6
7
6
The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
5
4
3
4
3
The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
2
1
1
The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
Malta passed its first party-financing law in July 2015, which requires that political parties should be subject to international standards of accounting and auditing; cannot accept donations from companies associated with the government; cannot accept donations from entities, foundations, trusts and nominees whose beneficiaries are unknown; donations in excess of €7,000 must be recorded online and reported to the Electoral Commission; and donations from individuals must be capped at €25,000. As a consequence of this legislation, political parties have been required since 2016 to publish details on the financing of their electoral campaigns. flaws of the new legislation include the absence of a requirement to use a designated bank account or to disclose donations to entities owned by political parties as well as an excessive disclosure threshold, a failure to cap spending at €2 million, and a lack of detailed and timely reporting. It has also been noted that there is insufficient harmonization of the regulations relating to the Financing of Political Parties Act (FPPA) and General Elections Act, raising concerns over which act would take legal precedence. The Electoral Commission lacks the power to ensure compliance since it is unable to control sources of income beyond donations. In addition, the role of the Electoral Commission, as the appropriate body to act as investigator and adjudicator with regard to the FPPA, has been undermined by a Constitutional Court ruling, which states that this concentration of authority breaches Article 6 of the European Convention. One result is that Electoral Commission cannot investigate or impose fines for breaching the law. Therefore, the precise role of the party-financing watchdog remains uncertain and the act urgently needs to be revised. Several unsuccessful attempts have been made to alter the law. In the meantime, members of the Electoral Commission, which is meant to act as a watchdog on the political parties, are appointed by the two major political parties. Delays in the publication of party accounts continues to be the norm.
The Electoral Commission thus remains toothless in light of alleged breaches of the law, including the Nationalist Party’s adoption of schemes, which include a loan scheme where funds were received through subsidiaries and lacked legal transparency, as well as allegations that the Panama-based company Egrant was set up as a vehicle to raise funds for the Labour Party.
Citations:
http://www.timesofmalta.com/articles/view/20150721/local/pns-conditional-yes-to-party-funding-bill.577469
http://www.maltatoday.com.mt/news/national/55315/party_financing_bill_passes_into_law_both_parties_vote_in_favour#.ViNkq34rKM8
Party Financing a lost opportunity Malta Today 23/07/2015
http://www.timesofmalta.com/articles/view/20160917/local/pn-refusing-to-disclose-cedoli-scheme-donor-details.625240
http://www.timesofmalta.com/articles/view/20160911/local/cedoli-make-3m-as-pn-prepares-for-an-election.624637
tvm.com.mt 09/12/15 Malta off GRECO blacklist thanks to legislation on party financing
Times of Malta 07/11/17 Four Electoral Commission Members opted not to apply party-financing law fearing human rights breach.
https://www.timesofmalta.com/articles/view/20170708/opinion/Sound-party-finances.652699
https://www.timesofmalta.com/articles/view/20170312/editorial/time-to-clean-up-party-funding.642120
https://www.timesofmalta.com/articles/view/20180510/local/pn-appeals-party-funding-investigation-decision.678761
https://www.maltatoday.com.mt/news/national/84425/adrian_delia_high_rise_development_PN_nationalist_financing#.YdVtDlopwQQ
Malta Today -8/10/12 Constitutional Court finds for PN in party financing case
Times of Malta 14/10/18 State of limbo looming for party financing watchdog
The Malta Independent 05/06/19 PD Warns of dormant financing of Political Parties Act
https://www.maltatoday.com.mt/news/xtra/75392/pn_warned_us_in_2014_that_subsidiaries_could_be_used_to_hide_party_donations__owen_bonnici#.YdVtXFosaiE
https://www.maltatoday.com.mt/news/national/85197/malta_state_financing_nationalist_party_cedoli#.YdVtylqsvl4
Lovin Malta 20/05/21 Its official Malta’s party financing law is broken
Lovin Malta 19/01/22 Every single company owned by PN and PL is late in filing their accounts
The Electoral Commission thus remains toothless in light of alleged breaches of the law, including the Nationalist Party’s adoption of schemes, which include a loan scheme where funds were received through subsidiaries and lacked legal transparency, as well as allegations that the Panama-based company Egrant was set up as a vehicle to raise funds for the Labour Party.
Citations:
http://www.timesofmalta.com/articles/view/20150721/local/pns-conditional-yes-to-party-funding-bill.577469
http://www.maltatoday.com.mt/news/national/55315/party_financing_bill_passes_into_law_both_parties_vote_in_favour#.ViNkq34rKM8
Party Financing a lost opportunity Malta Today 23/07/2015
http://www.timesofmalta.com/articles/view/20160917/local/pn-refusing-to-disclose-cedoli-scheme-donor-details.625240
http://www.timesofmalta.com/articles/view/20160911/local/cedoli-make-3m-as-pn-prepares-for-an-election.624637
tvm.com.mt 09/12/15 Malta off GRECO blacklist thanks to legislation on party financing
Times of Malta 07/11/17 Four Electoral Commission Members opted not to apply party-financing law fearing human rights breach.
https://www.timesofmalta.com/articles/view/20170708/opinion/Sound-party-finances.652699
https://www.timesofmalta.com/articles/view/20170312/editorial/time-to-clean-up-party-funding.642120
https://www.timesofmalta.com/articles/view/20180510/local/pn-appeals-party-funding-investigation-decision.678761
https://www.maltatoday.com.mt/news/national/84425/adrian_delia_high_rise_development_PN_nationalist_financing#.YdVtDlopwQQ
Malta Today -8/10/12 Constitutional Court finds for PN in party financing case
Times of Malta 14/10/18 State of limbo looming for party financing watchdog
The Malta Independent 05/06/19 PD Warns of dormant financing of Political Parties Act
https://www.maltatoday.com.mt/news/xtra/75392/pn_warned_us_in_2014_that_subsidiaries_could_be_used_to_hide_party_donations__owen_bonnici#.YdVtXFosaiE
https://www.maltatoday.com.mt/news/national/85197/malta_state_financing_nationalist_party_cedoli#.YdVtylqsvl4
Lovin Malta 20/05/21 Its official Malta’s party financing law is broken
Lovin Malta 19/01/22 Every single company owned by PN and PL is late in filing their accounts
Do citizens have the opportunity to take binding political decisions when they want to do so?
10
9
9
Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
8
7
6
7
6
Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
5
4
3
4
3
Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
2
1
1
Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
The constitution of Malta allows for three types of referendums: constitutional, consultative and abrogative. None of these types however fulfill the criteria for popular decision-making defined by the SGI. However, Malta has had several consultative referendums, the most recent being a 2015 referendum seeking to end spring hunting. In the latter case, the referendum was triggered by a citizens’ initiative. Some local councils have also resorted to referendums, but while this may influence central government decisions, they are not binding.
Citations:
http://www.maltatoday.com.mt/lifestyle/environment/38168/spring_hunting_referendum_is_revolutionary#.ViNoVn4rKM8
The Constitution of Malta
http://www.timesofmalta.com/articles/view/20140330/local/-Spring-hunting-in-dustbin-of-history-.512723
http://www.timesofmalta.com/articles/view/20140328/local/signatures-for-referendum-to-abolish-spring-hunting-presented-to.512579
http://www.timesofmalta.com/articles/view/20160710/letters/Perseverance-and-tenacity.618307
http://www.timesofmalta.com/articles/view/20160826/local/help-us-oppose-pas-firework-factory-plans-gharb-local-council.623151
Citations:
http://www.maltatoday.com.mt/lifestyle/environment/38168/spring_hunting_referendum_is_revolutionary#.ViNoVn4rKM8
The Constitution of Malta
http://www.timesofmalta.com/articles/view/20140330/local/-Spring-hunting-in-dustbin-of-history-.512723
http://www.timesofmalta.com/articles/view/20140328/local/signatures-for-referendum-to-abolish-spring-hunting-presented-to.512579
http://www.timesofmalta.com/articles/view/20160710/letters/Perseverance-and-tenacity.618307
http://www.timesofmalta.com/articles/view/20160826/local/help-us-oppose-pas-firework-factory-plans-gharb-local-council.623151
Graph View
To what extent are the media independent from government?
10
9
9
Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
8
7
6
7
6
The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
5
4
3
4
3
The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
2
1
1
Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Private media operates free from government interference. Mechanisms exist to ensure that state media operate independently from government interference. Since 2014, we have witnessed further progress on this issue. The prime minister appoints all the directors of the State Media Board, as well as all the members of its editorial board. In Malta, media independence more generally is influenced by who owns a given media outlet, as well as the source of its revenues. In many cases, media organizations depend on commercial and public expenditures for these revenues. COVID-19 has made this more acute. Furthermore, journalists in all media often display a clear party preference close to that of the media organization’s owner, whether the outlet is owned by a party or not. This, rather than government interference, is the primary reason that Malta’s media suffers from a lack of public trust. Eurobarometer surveys have consistently shown that less than a quarter of respondents trust local media. By contrast, trust in the government has wavered between 52% and 58%. Malta’s ranking in the World Press Freedom Index fell to 81st, with Malta characterized as problematic. The following issues were highlighted: the use of defamation lawsuits to target journalists; and a media climate deeply divided as a result of political party ownership of media outlets, which stifles debate and encourages propaganda. The situation was further compromised during the COVID-19 crisis through the opaque allocation of state funds to independent media. This ranking has been influenced by the murder of journalist Daphne Caruana Galizia. But this was an exceptional, tragic event. Recent events, especially the failure of the courts to stop the publication of evidence given behind closed doors or which the courts had specifically banned from publication, demonstrate the power that the press enjoys in Malta. Government does attempt to influence private media, however, to what extent and how successfully remains speculative. According to the 2021 Malta Media Pluralism Monitor, the protection of freedom of expression indicator receives a relatively low risk score of 28%, although it is up four percentage points from the MPM2020. The protection of the right to information indicator received a medium risk score of 61%, which is on the higher end of this spectrum and up 13 percentage points from the MPM2020. The journalistic profession, standards and protection indicator received a medium risk score of 36%, down four percentage points from the previous MPM (MPM 2020, 40%). The independence and the effectiveness of the media authority indicator received a low risk score of 28%, down nine percentage points from the previous MPM (MPM 2020, 37%). Lovin-Malta filed a court case in 2021 to determine whether propaganda on political party TV stations should be declared unconstitutional.
Recent amendments to the press laws have abolished criminal libel, introduced the concept of mediation, and banned the filing of multiple libel lawsuits based on the same journalistic report. At the time, the OSCE welcomed the changes, but offered additional recommendations, noting that a more balanced approach is needed with regard to the defense of truth. In 2021, the government produced six draft acts, and appointed a commission of experts to review and report on these drafts.
Although state and party-related activities dominate the media, the reality of media diversity and a recent increase in competition, notably because of online portals, ensure that the system is essentially pluralist and that a range of opinions remain available.
However, there have been calls for reform of the public broadcasting service in order to ensure transparency and objectivity. Government pressure on media houses in election years is increasing. One such case is that of the General Workers Union (GWU), which is closely aligned with the government. The union has suspended the chief editor of its newspapers it is alleged after he refused to not publish certain stories that were said to paint the government in a bad light.
Citations:
Journalists’ institute calls for reform of libel laws. Times of Malta 18/07/2015
Cabinet mulls brave new defamation law. Malta Today 11/11/2015
http://www.timesofmalta.com/articles/view/20161001/local/institute-of-maltese-journalists-calls-for-decriminalization-of-libel.626631
http://www.timesofmalta.com/articles/view/20160713/local/justice-minister.618702
http://www.timesofmalta.com/articles/view/20160714/local/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859
https://rsf.org/en/ranking
Standard Eurobarometre 84 Autumn 2015
Malta Today 29/11/17 OSCE analysis of Malta’s upcoming media law
Legal analysis of the draft law of the Republic of Malta to provide for the updating of the regulation of media and defamation matters and for matters consequential or ancilliary thereto, Commissioned by the office of the OSCE Representative on freedom of the media from Dr. Joan Barata November 2017
Draft law of the Republic of Malta to provide for the updating of the regulation of media and defamation matters and for matters consequential or ancilliary thereto 2017
Special Eurobarometer 452.Media Pluralism and Democracy November 2017
https://www.maltatoday.com.mt/news/national/114311/press_experts_committee_to_propose_antislapp_law_to_prime_minister#.Yd6yAfxLGP8
Centre of Media Pluralism and Media Freedom: country report Malta 2021
Recent amendments to the press laws have abolished criminal libel, introduced the concept of mediation, and banned the filing of multiple libel lawsuits based on the same journalistic report. At the time, the OSCE welcomed the changes, but offered additional recommendations, noting that a more balanced approach is needed with regard to the defense of truth. In 2021, the government produced six draft acts, and appointed a commission of experts to review and report on these drafts.
Although state and party-related activities dominate the media, the reality of media diversity and a recent increase in competition, notably because of online portals, ensure that the system is essentially pluralist and that a range of opinions remain available.
However, there have been calls for reform of the public broadcasting service in order to ensure transparency and objectivity. Government pressure on media houses in election years is increasing. One such case is that of the General Workers Union (GWU), which is closely aligned with the government. The union has suspended the chief editor of its newspapers it is alleged after he refused to not publish certain stories that were said to paint the government in a bad light.
Citations:
Journalists’ institute calls for reform of libel laws. Times of Malta 18/07/2015
Cabinet mulls brave new defamation law. Malta Today 11/11/2015
http://www.timesofmalta.com/articles/view/20161001/local/institute-of-maltese-journalists-calls-for-decriminalization-of-libel.626631
http://www.timesofmalta.com/articles/view/20160713/local/justice-minister.618702
http://www.timesofmalta.com/articles/view/20160714/local/repealing-blasphemy-law-a-victory-for-freedom-of-speech-says-humanist.618859
https://rsf.org/en/ranking
Standard Eurobarometre 84 Autumn 2015
Malta Today 29/11/17 OSCE analysis of Malta’s upcoming media law
Legal analysis of the draft law of the Republic of Malta to provide for the updating of the regulation of media and defamation matters and for matters consequential or ancilliary thereto, Commissioned by the office of the OSCE Representative on freedom of the media from Dr. Joan Barata November 2017
Draft law of the Republic of Malta to provide for the updating of the regulation of media and defamation matters and for matters consequential or ancilliary thereto 2017
Special Eurobarometer 452.Media Pluralism and Democracy November 2017
https://www.maltatoday.com.mt/news/national/114311/press_experts_committee_to_propose_antislapp_law_to_prime_minister#.Yd6yAfxLGP8
Centre of Media Pluralism and Media Freedom: country report Malta 2021
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
10
9
9
Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
8
7
6
7
6
Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
5
4
3
4
3
Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
2
1
1
Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
Maltese media outlets, including visual media, electronic media and print publications, are primarily owned by a mix of actors, including political parties, the Catholic Church, private entrepreneurs, the General Workers’ Union (GWU), a major left-leaning trade union and increasingly by civil society groups. Thus, Malta’s media landscape reflects a plurality of ownership. Pluralism of opinion within the media depends entirely on editorial discretion, although the broadcasting authority and the courts may impose rights of reply when this is deemed necessary. Malta is one of the few countries with legislation defining a right of reply. The state media has expanded the range of viewpoints presented and has had few legal cases brought against it in recent years, a significant change. The state fulfills its obligations better now than in the past. However, competition for market share has forced privately owned and politically owned media alike to publish dissenting opinions more often. The 2021 report on media pluralism in Malta by the Center for Media Pluralism and Media Freedom (CMPF) at the European University Institute, assigned the country a medium score (35%) in terms of basic protection of journalists against violence. The score remains unchanged from previous reports. As in the previous MPM report, Malta continues to receive an overall high risk score in the area of market plurality, with three indicators clearly hitting the high-risk band (news media concentration, online platforms concentration and competition enforcement, and media viability). The news media concentration indicator also received a high-risk score of 89%, nine percentage points up from the MPM 2020 (80%). Media legislation, namely the Broadcasting Act, contains specific limitations to prevent a high degree of horizontal concentration of ownership in the audiovisual media sector. However, the report alleges that there is a worrying lack of data pertaining to the market share of individual news outlets. The online platforms concentration and competition enforcement indicator also received a high-risk score of 83% due to a lack of available data with regards to advertising revenue and audience concentration, as well as a lack of specific regulation for the market. As per the MPM2020, political independence received a high-risk score, with three indicators being rated high risk (political independence of media, editorial autonomy, and the independence of PSM governance and funding). There is no law that makes government office incompatible with media ownership, and political parties own, control or are editorially responsible for nationwide television and radio services. However, media ownership is quite transparent and Malta scored well in terms of freedom of expression. In a 2019 Eurobarometer survey, respondents in Malta reported low trust in the media, with only 30% saying Maltese media provided trustworthy information. Some 85% of respondents said they came across fake news and only 12% believed that the media provided information free from political or commercial pressure. Moreover, only 12% believed that the public service media was free from political pressure compared to 39% in the European Union.
Citations:
http://www.timesofmalta.com/article s/view/20130428/opinion/Making-PBS- a-fit-national-entity.467423
http: //www.timesofmalta.com/articles/vie w/20130423/local/new-pbs-chairman-t hanks-the-pm.466622
http://www.tim esofmalta.com/articles/view/2013042 5/local/Time-for-changing-of-the-gu ard-at-PBS.467040
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2015
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2016
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2017
Malta today 31/12/2019 One TV Chairman Jason Micallef opposes scrapping political party media
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2021
Times of Malta 28/02/20 Maltese trust in democracy plummeted last November – Eurobarometer
Standard Eurobarometer 92 public opinion in the European Union Malta Autumn 2019
Citations:
http://www.timesofmalta.com/article s/view/20130428/opinion/Making-PBS- a-fit-national-entity.467423
http: //www.timesofmalta.com/articles/vie w/20130423/local/new-pbs-chairman-t hanks-the-pm.466622
http://www.tim esofmalta.com/articles/view/2013042 5/local/Time-for-changing-of-the-gu ard-at-PBS.467040
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2015
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2016
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2017
Malta today 31/12/2019 One TV Chairman Jason Micallef opposes scrapping political party media
Media Pluralism in Malta, A Test Implementation of the Media Pluralism Monitor 2021
Times of Malta 28/02/20 Maltese trust in democracy plummeted last November – Eurobarometer
Standard Eurobarometer 92 public opinion in the European Union Malta Autumn 2019
To what extent can citizens obtain official information?
10
9
9
Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
8
7
6
7
6
Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
5
4
3
4
3
Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
2
1
1
Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
The Freedom of Information Act was passed in 2008 and only came into force in September 2012. Since this time journalists have had better access to information from government bodies. However, exemptions compromise the bulk of the legislation. Under Article 5(4), no Maltese citizen is entitled to apply to view documents held by the Electoral Commission, the Employment Commission, the Public Service Commission, the Office of the Attorney General, the National Audit Office, the Security Service, the Ombudsman Office and the broadcasting authority, when the latter is exercising its constitutional function. Under Article 3, only Maltese and EU nationals who have been resident in Malta for a minimum of five years may access information. The prime minister also holds the power to overrule the Information and Data Protection commissioner, despite the latter’s declaration that a request for information should be approved. Moreover, there are a number of laws that still contain secrecy provisions to which the act does not apply. While this may be justified in some cases, it might undermine the essential workings of the act, as it could be in the political interest of the prime minister to suppress the publication of documents, which might embarrass or undermine his administration. The act does not meet the standards of the Council of Europe’s Convention on Access to Official Documents. In the 2021 Media Pluralism Monitor, Malta received a medium-risk score of 61% for the protection of the right to information, up 13 percentage points from the MPM2020. The monitor also stated that “journalists continue to consistently encounter difficulties when requesting government information. These include rejections, unnecessary delays, no reply scenarios, and the application of diversionary tactics.” The data protection commissioner stated that the law needs to be revised, since a number of exceptions found in the law are not subject to the public interest test. The process to revise the law has begun.
Citations:
Aquilina, K, Information Freedom at Last. Times of Malta, 22/08/12
Freedom of Information Act Comes Fully into Force. The Independent 02/09/12
In spite of fines ministry offers no reply to Times FOI request Times of Malta 9/5/2015
http://www.timesofmalta.com/articles/view/20160827/local/has-the-freedom-of-information-act-worked.623201
Government says no to most Times of Malta requests for information Times of Malta 11/06/16
Times of Malta 12/08/17 Freedom of information requests tripled in three years
Times of Malta 27/08/16 Has the Freedom of information Act worked?
Times of Malta 30/11/17 Over 400 Freedom of information requests in 3 years
Malta Independent 26/08/19 Freedom of information act: pulling off the cloak of secrecy
Malta Independent 17/10/19 Freedom of information: Transparency needed
The State’s Duty to Inform, Edited by the Parliamentary Ombudsman Malta 2015
Times of Malta 25/05/2021 Malta’s data protection commissioner on three years of General Data Protection Regulation (GDPR)
Citations:
Aquilina, K, Information Freedom at Last. Times of Malta, 22/08/12
Freedom of Information Act Comes Fully into Force. The Independent 02/09/12
In spite of fines ministry offers no reply to Times FOI request Times of Malta 9/5/2015
http://www.timesofmalta.com/articles/view/20160827/local/has-the-freedom-of-information-act-worked.623201
Government says no to most Times of Malta requests for information Times of Malta 11/06/16
Times of Malta 12/08/17 Freedom of information requests tripled in three years
Times of Malta 27/08/16 Has the Freedom of information Act worked?
Times of Malta 30/11/17 Over 400 Freedom of information requests in 3 years
Malta Independent 26/08/19 Freedom of information act: pulling off the cloak of secrecy
Malta Independent 17/10/19 Freedom of information: Transparency needed
The State’s Duty to Inform, Edited by the Parliamentary Ombudsman Malta 2015
Times of Malta 25/05/2021 Malta’s data protection commissioner on three years of General Data Protection Regulation (GDPR)
Graph View
To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
10
9
9
All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
8
7
6
7
6
The state respects and protects rights, with few infringements. Courts provide protection.
5
4
3
4
3
Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
2
1
1
State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
The state generally respects human rights, and human rights are subject to judicial protection. Malta affords the highest possible level of protection to civil and political human rights, as enshrined in Chapter 4 of the constitution. These rights are legally enforceable before the courts, and the sphere of rights enjoyed by individuals has expanded greatly since independence, thanks to decisions by the Constitutional Court and the European Court of Human Rights. Delays in the administration of justice have often been the cause of complaints, but continued attempts to reform matters have brought improvements. Persons under interrogation have a right to be assisted by a lawyer. A new section in the Superior Court of Appeal has been created with the aim of increasing the system’s efficiency and effectiveness. In respect to LGBTQ+ rights, Malta continues to occupy top spot in the European index of LGBTQ+ rights, which covers 49 countries. Greater focus on gender equality has improved matters considerably as has the transposition into domestic law of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). However, NGOs representing women claim that the government was not fully compliant with the convention because the country adopted a gender-neutral approach to violence. The government has now committed to including femicide as an article within the law. A massive backlog of domestic violence cases leading to year-long court delays has been identified. There has been a similar development regarding disabled persons in Malta and a national disabilities strategy has been finalized. The civil rights of immigrants and asylum-seekers – including the removal of automatic detention, a shift to open reception centers and a more efficient processing system, improved rights enabling applicants to access their own files, and better family reunification measures – have improved, although one needs to truly assess the impact of COVID-19 restrictions on these measures, as a number of small riots at the main refugee centers indicates otherwise. In 2020, amendments to the Refugees Act formalized the Temporary Humanitarian Protection (THP) status, establishing it as a legal norm. THP is now included in the International Protection Act. It is granted to “an applicant for international protection who does not qualify for refugee status or subsidiary protection status, but who is deemed to qualify for protection on humanitarian grounds.” In 2021, 32 asylum-seekers filed a human rights violation complaint against the Maltese government, alleging that in the spring of 2020 the cabinet decided to leave them for weeks on two tourist boats outside territorial waters as a precautionary measure against COVID-19. In May 2021, the government introduced a new policy denying asylum-seekers from safe countries the right to work for nine months after arriving in Malta. Human rights organizations described the policy as “discriminatory and inhumane.” A relatively high number of asylum-seekers have been accorded humanitarian protection status. However, the rate of recognition for actual refugee status remains low. Better access to housing and support for migrants to integrate with the community needs to be made available. A recent report highlighted the right to marry, as migrants who do not have residency permits face a number of barriers when wishing to marry. A Human Rights and Equality Commissioner has been appointed, and a new integration policy launched in 2019 ratified the relevant conventions on statelessness. A 2021 NAO report has reported positively on the administration of the prisons, which contrasts sharply with accusations of abuse made by journalists. The Council of Europe’s commissioner for human rights has also called for the decriminalization of abortion in Malta. There is a growing debate on this topic, though the issue remains very divisive. The UN Committee for the Rights of the Child has recommended that Malta’s marriage law be amended to forbid people between 16 and 18 from getting married. Freedom in the World 2021 allocated Malta a score of 55 out of 60 on civil rights and 35 out of 40 on political liberties. Shortcomings cited included the degree of government influence over state media, racial abuse against irregular immigrants and the continued prevalence of domestic violence.
Citations:
The Malta human rights report 2015 The people for change foundation.
http://www.timesofmalta.com/articles/view/20160713/editorial/Spotlight-on-human-trafficking.618620
http://www.timesofmalta.com/articles/view/20160819/local/maltas-laws-on-detention-are-still-unclear-says-unhcr.622400
http://www.timesofmalta.com/articles/view/20160914/life-features/malta-and-lgbtiq-equality-one-year-on.624868
http://www.timesofmalta.com/articles/view/20160818/local/trangender-policy-for-prisons-launched.622376
http://www.timesofmalta.com/articles/view/20160803/local/fewer-complaints-filed-with-commission-for-people-with-a-disability.620908
http://inewsmalta.com/article.php?ID1=39241
The Guardian 07/12/16 Malta becomes first European Country to ban gay cure therapy
Amnesty International Annual Report Malta 2015/16
Times of Malta 03/01/16 New Migrant strategy is a step in right direction
Times of Malta 19/11/16 No More temporary humanitarian protection N for failed asylum-seekers
Times of Malta 14/10/17 No flushing toilets for 120 prisoners
Times of Malta 11/11/17 Commissioner Taken aback by non-debate on abortion
Freedom of the World 2017
Council of Europe, Commissioner for human rights, country Visit Malta 2017: Malta should step up efforts to enhance protection of women’s and migrant’s rights
Malta Today 25/09/18 New section within appeals court established
Malta Today 05/10/18 Suspects must be assisted by lawyer at all times during police questioning, court says in landmark ruling
AIDA Asylum information base: Country report Malta 2017 Aditus
Times of Malta 12/12/2018 In Malta some rights are more valued than others
Times of Malta 05/12/2018 Human Rights Day
Global Detention project: Immigration detention in Malta betraying European Values? 11/06/2019
Aquilina, K., (2018) Human Rights Law Faculty of Law, University of Malta
Times of Malta 02/07/2019 Too young to get married
Freedom in the world: Malta 2021
Malta Today 14/12/19 UNHCR welcomes Malta accession to convention on stateless persons.
https://www.maltatoday.com.mt/comment/blogs/100335/maltas_medical_doctors_no_to_total_ban_on_abortion#.YbSFfiPZv2Q
European Commission -European website on Integration: Malta New policy denies asylum-seekers from safe countries the right to work 11/06/2021
Asylum information database: Short overview of the asylum procedure Malta 19/05/21
Info Migrants 19/10/21 Malta 32 Asylum seekers file rights complaint against Malta
Citations:
The Malta human rights report 2015 The people for change foundation.
http://www.timesofmalta.com/articles/view/20160713/editorial/Spotlight-on-human-trafficking.618620
http://www.timesofmalta.com/articles/view/20160819/local/maltas-laws-on-detention-are-still-unclear-says-unhcr.622400
http://www.timesofmalta.com/articles/view/20160914/life-features/malta-and-lgbtiq-equality-one-year-on.624868
http://www.timesofmalta.com/articles/view/20160818/local/trangender-policy-for-prisons-launched.622376
http://www.timesofmalta.com/articles/view/20160803/local/fewer-complaints-filed-with-commission-for-people-with-a-disability.620908
http://inewsmalta.com/article.php?ID1=39241
The Guardian 07/12/16 Malta becomes first European Country to ban gay cure therapy
Amnesty International Annual Report Malta 2015/16
Times of Malta 03/01/16 New Migrant strategy is a step in right direction
Times of Malta 19/11/16 No More temporary humanitarian protection N for failed asylum-seekers
Times of Malta 14/10/17 No flushing toilets for 120 prisoners
Times of Malta 11/11/17 Commissioner Taken aback by non-debate on abortion
Freedom of the World 2017
Council of Europe, Commissioner for human rights, country Visit Malta 2017: Malta should step up efforts to enhance protection of women’s and migrant’s rights
Malta Today 25/09/18 New section within appeals court established
Malta Today 05/10/18 Suspects must be assisted by lawyer at all times during police questioning, court says in landmark ruling
AIDA Asylum information base: Country report Malta 2017 Aditus
Times of Malta 12/12/2018 In Malta some rights are more valued than others
Times of Malta 05/12/2018 Human Rights Day
Global Detention project: Immigration detention in Malta betraying European Values? 11/06/2019
Aquilina, K., (2018) Human Rights Law Faculty of Law, University of Malta
Times of Malta 02/07/2019 Too young to get married
Freedom in the world: Malta 2021
Malta Today 14/12/19 UNHCR welcomes Malta accession to convention on stateless persons.
https://www.maltatoday.com.mt/comment/blogs/100335/maltas_medical_doctors_no_to_total_ban_on_abortion#.YbSFfiPZv2Q
European Commission -European website on Integration: Malta New policy denies asylum-seekers from safe countries the right to work 11/06/2021
Asylum information database: Short overview of the asylum procedure Malta 19/05/21
Info Migrants 19/10/21 Malta 32 Asylum seekers file rights complaint against Malta
To what extent does the state concede and protect political liberties?
10
9
9
All state institutions concede and effectively protect political liberties.
8
7
6
7
6
All state institutions for the most part concede and protect political liberties. There are only few infringements.
5
4
3
4
3
State institutions concede political liberties but infringements occur regularly in practice.
2
1
1
Political liberties are unsatisfactory codified and frequently violated.
The constitution of Malta and its chapter on fundamental human rights provide for a broad range of political liberties. The incorporation of the European Convention on Human Rights into the Maltese constitution as well as membership in the European Union has also enhanced political liberties in Malta. The Maltese judiciary serves as the ultimate guarantor of Maltese rights and liberties, and governments respect court decisions. Maltese citizens also have the right to take a case before the European Court of Human Rights (ECHR), and several individuals have done so with success. The Ombudsman also plays a part in the protection of political liberties. In 2021, the government proposed a constitutional amendment bill, which would grants judicial powers to administrative organs. However, the bill was said to be in breach of the separation of powers and rule of law doctrines, and was defeated. Maltese civil society organizations are demanding the revocation of a controversial legal notice (legal notice 456 of 2021), which allows the director general of the law courts to remove judgments from the courts’ online portal at his discretion. A traditionally clientelistic and partisan approach to politics has in the past hindered the exercise of individual political liberties, although this seems to be less marked today, as the Maltese are strong users of social media, and frequently use these platforms to air their views on political issues. U-turns in Maltese politics because of these pressures have become more frequent, but the problem has not gone away. In the World Economic Forum’s Global Competitiveness Index 2019, there was an improvement in the country’s score for transparency of government policymaking and this continues to be an important challenge. In Freedom House’s Freedom in the World 2021 index, Malta scored 90 out of 100 points overall and 35 out of 40 for political rights. The report cited a number of problematic issues, including the difficulties faced by small parties in entering parliament, the shortcomings of the 2015 Financing of Political Parties Act, the shortcomings of the FOI act, the ineffectiveness of measures intended to investigate corruption, the lack of transparency in the allocation and terms of public contracts, and the influence still wielded by powerful economic interest groups in national politics. Emphasis was also placed on the positive ongoing constitutional reform process. The right to protest publicly is among the freest and safest in the world. Trust in the government remains high and well above the EU average. Excessive delays in court cases and the costs of such delays often deter people from seeking legal solutions, although the picture has improved sharply on this issue. Lengthy pre-trial detention remains a problem. The 2020 country report on human rights practices in Malta cited unlawful detention and continued allegations of high-level government corruption as significant issues. However, it also noted that the government was increasing efforts to identify, investigate and prosecute government officials who committed abuses. Nevertheless, Malta has one of the European Union’s weakest systems for allocating legal aid and lawyers appointed under this system have at times been found to have failed to fulfill their duties. Legal aid lawyers are very poorly paid. The current threshold to be eligible for legal aid is also very low, though this has been increased to include individuals with an annual income of up to €13,000. Malta is one of 11 EU member states that do not provide third-country nationals with electoral rights.
Citations:
Migrant Integration Policy Index. http://www.mipex.eu/malta
Freedom in the World 2015 Malta
COM (2014) 419 Final COUNCIL RECOMMENDATION on Malta’s 2014 National Reform Program
Judiciary criticizes proposals for reform of commission for the administration of justice Times of Malta 1/10/13
Justice Reform Commission makes 450 proposals Times of Malta 2/12/13
http://www.timesofmalta.com/articles/view/20160411/local/european-commission-justice-scoreboard-results-welcomed.608529
Times of Malta 28/09/16 Lawyers to be present during interrogation
Legal and Reformers Network Malta: parties agree on legal aid for suspects facing police interrogation
Access to Legal Assistance in Malta, Aditus 2017
Times of Malta 27/10/17 Malta’s Tribal Politics
Times of Malta 11/11/17 Permanent secretary to be compensated because of political discrimination
Global competitiveness report 2017-2018 World Economic Forum
Malta Independent 31/07/16 55% of Maltese trust government in 2016 compared to 34% in 2012
Times of Malta 23/02/18 Legal Aid system must work
Freedom in the world: Malta 2018
Freedom in the world: Malta 2019
Global competitiveness report 2019 World Economic Forum
https://www.maltatoday.com.mt/news/data_and_surveys/87707/eurobarometer_migration_concern_grows_by_seven_points_trust_in_government_at_51#.YbSOhCOsRTI
Times of Malt 11/01/22 Legal aid capping for civil cases increased to 13,000 annual income
Times of Malta 31/01/22 Administrative offences reviewed Kevin Aquilina
Times of Malta 02/12/2021 Removing online judgements breaches peoples right to know media tell PM
2020 Country report on human rights practices in Malta US Department of State
Citations:
Migrant Integration Policy Index. http://www.mipex.eu/malta
Freedom in the World 2015 Malta
COM (2014) 419 Final COUNCIL RECOMMENDATION on Malta’s 2014 National Reform Program
Judiciary criticizes proposals for reform of commission for the administration of justice Times of Malta 1/10/13
Justice Reform Commission makes 450 proposals Times of Malta 2/12/13
http://www.timesofmalta.com/articles/view/20160411/local/european-commission-justice-scoreboard-results-welcomed.608529
Times of Malta 28/09/16 Lawyers to be present during interrogation
Legal and Reformers Network Malta: parties agree on legal aid for suspects facing police interrogation
Access to Legal Assistance in Malta, Aditus 2017
Times of Malta 27/10/17 Malta’s Tribal Politics
Times of Malta 11/11/17 Permanent secretary to be compensated because of political discrimination
Global competitiveness report 2017-2018 World Economic Forum
Malta Independent 31/07/16 55% of Maltese trust government in 2016 compared to 34% in 2012
Times of Malta 23/02/18 Legal Aid system must work
Freedom in the world: Malta 2018
Freedom in the world: Malta 2019
Global competitiveness report 2019 World Economic Forum
https://www.maltatoday.com.mt/news/data_and_surveys/87707/eurobarometer_migration_concern_grows_by_seven_points_trust_in_government_at_51#.YbSOhCOsRTI
Times of Malt 11/01/22 Legal aid capping for civil cases increased to 13,000 annual income
Times of Malta 31/01/22 Administrative offences reviewed Kevin Aquilina
Times of Malta 02/12/2021 Removing online judgements breaches peoples right to know media tell PM
2020 Country report on human rights practices in Malta US Department of State
How effectively does the state protect against different forms of discrimination?
10
9
9
State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
8
7
6
7
6
State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
5
4
3
4
3
State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
2
1
1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
The Maltese constitution’s chapter on fundamental human rights forbids discrimination on the basis of race, religion, gender or politics. Other laws forbid discrimination on the basis of physical disability or handicap. In Malta, the civil courts and the Constitutional Court are staunch defenders of anti-discrimination legislation. Aggrieved citizens may take cases to the Constitutional Court, the Employment Commission or the Ombudsman Office, while public servants may also bring a case before the Public Service Commission. A bill on the issue of equality was presented to parliament in 2018, but many of its clauses proved to be highly controversial and strong opposition from many quarters has delayed many of the bill’s provisions. This act will give legal protection to victims of discrimination, and harmonize equality and non-discrimination laws. Government policies are mainly non-discriminatory, but the 1989 reform of the public service did not incorporate all the recommended changes of the board. This has created loopholes that could be utilized and result in discrimination. Discrimination on grounds of political affiliation remains a problem. Since 2013, the government has strengthened the rights of several minorities, including women, the LGBTQ+ community and disabled persons. A new mechanism will come into play during the 2022 general election, which will increase the number of women in Malta’s parliament. According to the European Institute for Gender Equality, Malta increased its score to 65 points from 63.4 in comparison to the GEI 2020 edition and improved its ranking to 13th from 14th. Malta also registered the second highest progress on gender equality (an increase of 10.6 points) since 2010. Nonetheless, women remain disadvantaged when it comes to earnings and pensions, although budgetary measures have led to some improvement on the latter issue. Women are still under-represented in parliament, on state boards and in the workforce compared to women in most EU member states. Malta also has a number of independent commissions to protect the rights of vulnerable groups, such as children and disabled people. The government increased the fine for employers who discriminate against disabled people. The 2020 annual ombudsman report stated that the accelerated promotion of four armed forces officers after the 2013 election was illegal. In 2018, the National Commission for the Promotion of Equality highlighted the discrimination faced by sub-Saharan migrants in accessing employment, in employment itself, in accessing housing and when contacting school authorities as parents. There have been allegations of racial profiling by police and of a lack of racial insensitivity reflected in comments made by members of government. This is still an area that lags seriously behind.
Citations:
Carabott, S. Expats Petition against Malta Discrimination. Times of Malta 12/04/13
Ellul, T. REPORT ON MEASURES TO COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC
COUNTRY REPORT 2011 MALTA
Unreported discrimination cases causes concerns Di Ve 24/05/13.
http://www.timesofmalta.com/articles/view/20160615/local/agreement-reached-on-electricity-tariffs-for-rented-properties.615486
http://www.maltatoday.com.mt/news/national/80052/muscat_to_participate_in_mentoring_programme_for_women_in_politics#.WesByVuCyM8
http://www.maltatoday.com.mt/news/national/80676/strong_representation_of_women_in_parliament_next_step_for_maltas_democracy#.WesCIluCyM8
Malta Independent 15/01/18 Discrimination affecting large number of ethnic minorities
https://timesofmalta.tv/2021/11/06/the-gender-equality-index-2021/
Equity Act 2019 http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29681&l=1
https://www.maltatoday.com.mt/news/national/105657/antigay_antifeminist_religious_zealots_the_adversaries_of_the_equality_act#.YbS-avV9kSQ
https://www.maltatoday.com.mt/news/national/113141/on_election_eve_maltas_equality_law_remains_on_the_backburner#.YbS-kPXyubI
Lovin Malta 18/10/2020 Malta’s New Equality law and how it can change every day life
Times of Malta 21/03/21 Racism in Malta has many faces
Annual Report 2020 Parliamentary Ombudsman Malta
Citations:
Carabott, S. Expats Petition against Malta Discrimination. Times of Malta 12/04/13
Ellul, T. REPORT ON MEASURES TO COMBAT DISCRIMINATION Directives 2000/43/EC and 2000/78/EC
COUNTRY REPORT 2011 MALTA
Unreported discrimination cases causes concerns Di Ve 24/05/13.
http://www.timesofmalta.com/articles/view/20160615/local/agreement-reached-on-electricity-tariffs-for-rented-properties.615486
http://www.maltatoday.com.mt/news/national/80052/muscat_to_participate_in_mentoring_programme_for_women_in_politics#.WesByVuCyM8
http://www.maltatoday.com.mt/news/national/80676/strong_representation_of_women_in_parliament_next_step_for_maltas_democracy#.WesCIluCyM8
Malta Independent 15/01/18 Discrimination affecting large number of ethnic minorities
https://timesofmalta.tv/2021/11/06/the-gender-equality-index-2021/
Equity Act 2019 http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29681&l=1
https://www.maltatoday.com.mt/news/national/105657/antigay_antifeminist_religious_zealots_the_adversaries_of_the_equality_act#.YbS-avV9kSQ
https://www.maltatoday.com.mt/news/national/113141/on_election_eve_maltas_equality_law_remains_on_the_backburner#.YbS-kPXyubI
Lovin Malta 18/10/2020 Malta’s New Equality law and how it can change every day life
Times of Malta 21/03/21 Racism in Malta has many faces
Annual Report 2020 Parliamentary Ombudsman Malta
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
Since Malta joined the European Union, the predictability of the majority of decisions made by the executive has steadily improved, with discretionary actions becoming more constrained. Overall, legal certainty is robust, though there continue to be instances where the rule of law is misapplied by state institutions. These shortcomings are generally highlighted by NAO and Ombuds Office reports. However, governments do generally respect the principles of legal certainty, and the government administration generally follows legal obligations. The evidence for this comes from the number of court challenges in which government bodies have prevailed. The rule of law is what one might consider a work in progress. The judicial system has been strengthened and more legislation put into place. The Ombuds Office and the National Audit Office (NAO) continue to provide strong oversight over many aspects of public administration. The appointment of a commissioner for standards in public life has already begun to bear fruit. These reports from public bodies demonstrate that government institutions do sometimes make unpredictable decisions, notably in the use of direct orders by ministries in concessions of public land to private business operators and a lack of transparency in the allocation and terms of public contracts. The publication of an annual report by the head of the public service, setting out how the service has implemented the recommendations of the NAO and the Ombuds Office, is a significant step forward.
Parliament is slow to legislate on articles of the law that have been declared unconstitutional and need to be revised. Several laws and practices enacted before EU membership are now in breach of the Maltese constitution or the European Convention on Human Rights, notably in the case of property acquired by the government decades before membership. The government has in some cases made subsidiary law that violates primary law. There is no overarching sentencing policy that ensures legal certainty. Instead, sentences that ignore clear provisions in the constitution and which are instead based on other laws still take place. However, the higher courts have become stronger in enforcing constitutional provisions. Since the Maltese legal system does not include the doctrine of judicial precedent, this may also mitigate against legal certainty. The length of court cases also undermines the process. There has also been a critique of the arbitrary issuance of freezing orders in courts. The recent practice of placing members of parliament on regulatory boards is also unconstitutional, and has been condemned by the commissioner for standards in public life. Two recent decisions by the courts, which ruled that the defendants did not enjoy legal standing, are said to have set a dangerous precedent for NGOs, which rarely have a direct interest in any matter that is the subject of judicial proceedings instituted by them. The main opposition party (Nationalist Party) has recently set up its own injustice commission to become operative once in government. Kevin Aquilina (an academic and legal expert) states that these commissions contribute to subverting the ombudsman and commissioners, which harms the rule of law and the principle of legal certainty by undermining rulings given by these institutions.
Malta has become the first jurisdiction to provide legal certainty to the cryptocurrency sector.
Citations:
http://www.timesofmalta.com/articles/view/20150224/local/210000-commission-paid-in-cafe-premier-buyback-audit-office-slams.557475
http://www.timesofmalta.com/articles/view/20150104/local/Dalli-case-prompts-Ombudsman-action.550497
http://www.timesofmalta.com/articles/view/20150813/local/updated-some-diabetes-patients-denied-treatment-ombudsman.580496
Minister reacts as auditor criticizes re ranking of bidding firms Times of Malta 5/03/14
Updated; Government asks AG to amend unconstitutional industrial tribunal law Independent 12/02/16
http://www.maltatoday.com.mt/news/national/76165/maltese_perceive_judicial_independence_to_be_fairly_good#.WesFh1uCyM8
The Independent 20/12/17 Kevin Aquilina, The Rule of Law a La Maltaise
Malta Today 9/10/17 Former Planning and lands minister is now lawyer for both planning and lands authority
Times of Malta 7/10/17 Ombudsman queries positions of trust
Times of Malta 11/11/17 Ministry spends almost 30,000 euros on Liquor for EU Presidency
Interview with Prof Kevin Aquilina Dean of Law 12/17
https://www.timesofmalta.com/articles/view/20181003/local/aquarium-only-cost-developer-one-fifth-of-its-value-nao-finds.690656
https://www.timesofmalta.com/articles/view/20180911/local/maltas-whistleblower-laws-rank-second-in-the-eu-ngo.688903
https://timesofmalta.com/articles/view/civil-service-head-fires-barb-at-ombudsman-on-persons-of-trust.919864
Times of Malta 05/02/22 Two steps forward two back
Times of Malta 19/02/22 Freezing orders and the arbitrary face of justice
Parliament is slow to legislate on articles of the law that have been declared unconstitutional and need to be revised. Several laws and practices enacted before EU membership are now in breach of the Maltese constitution or the European Convention on Human Rights, notably in the case of property acquired by the government decades before membership. The government has in some cases made subsidiary law that violates primary law. There is no overarching sentencing policy that ensures legal certainty. Instead, sentences that ignore clear provisions in the constitution and which are instead based on other laws still take place. However, the higher courts have become stronger in enforcing constitutional provisions. Since the Maltese legal system does not include the doctrine of judicial precedent, this may also mitigate against legal certainty. The length of court cases also undermines the process. There has also been a critique of the arbitrary issuance of freezing orders in courts. The recent practice of placing members of parliament on regulatory boards is also unconstitutional, and has been condemned by the commissioner for standards in public life. Two recent decisions by the courts, which ruled that the defendants did not enjoy legal standing, are said to have set a dangerous precedent for NGOs, which rarely have a direct interest in any matter that is the subject of judicial proceedings instituted by them. The main opposition party (Nationalist Party) has recently set up its own injustice commission to become operative once in government. Kevin Aquilina (an academic and legal expert) states that these commissions contribute to subverting the ombudsman and commissioners, which harms the rule of law and the principle of legal certainty by undermining rulings given by these institutions.
Malta has become the first jurisdiction to provide legal certainty to the cryptocurrency sector.
Citations:
http://www.timesofmalta.com/articles/view/20150224/local/210000-commission-paid-in-cafe-premier-buyback-audit-office-slams.557475
http://www.timesofmalta.com/articles/view/20150104/local/Dalli-case-prompts-Ombudsman-action.550497
http://www.timesofmalta.com/articles/view/20150813/local/updated-some-diabetes-patients-denied-treatment-ombudsman.580496
Minister reacts as auditor criticizes re ranking of bidding firms Times of Malta 5/03/14
Updated; Government asks AG to amend unconstitutional industrial tribunal law Independent 12/02/16
http://www.maltatoday.com.mt/news/national/76165/maltese_perceive_judicial_independence_to_be_fairly_good#.WesFh1uCyM8
The Independent 20/12/17 Kevin Aquilina, The Rule of Law a La Maltaise
Malta Today 9/10/17 Former Planning and lands minister is now lawyer for both planning and lands authority
Times of Malta 7/10/17 Ombudsman queries positions of trust
Times of Malta 11/11/17 Ministry spends almost 30,000 euros on Liquor for EU Presidency
Interview with Prof Kevin Aquilina Dean of Law 12/17
https://www.timesofmalta.com/articles/view/20181003/local/aquarium-only-cost-developer-one-fifth-of-its-value-nao-finds.690656
https://www.timesofmalta.com/articles/view/20180911/local/maltas-whistleblower-laws-rank-second-in-the-eu-ngo.688903
https://timesofmalta.com/articles/view/civil-service-head-fires-barb-at-ombudsman-on-persons-of-trust.919864
Times of Malta 05/02/22 Two steps forward two back
Times of Malta 19/02/22 Freezing orders and the arbitrary face of justice
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
Judicial review is exercised through Article 469A of the Code of Organization and Civil Procedure and consists of a constitutional right to petition the courts to inquire into the validity of any administrative act or declare such act null, invalid or without effect. Recourse to judicial review is through the regular courts (i.e., the court of civil jurisdiction) assigned two or three judges or to the Administrative Review Tribunal and must be based on the following: that the act emanates from a public authority that is not authorized to perform it; or that a public authority has failed to observe the principles of natural justice or mandatory procedural requirements in performing the administrative act or in its prior deliberations thereon; or that the administrative act constitutes an abuse of the public authority’s power in that it is done for improper purposes or on the basis of irrelevant considerations; or as a catch-all clause, when the administrative act is otherwise contrary to law. Malta has a strong tradition of judicial review, and the courts have traditionally served as a restraint on the government and its administration. The EU barometer has noted important improvements with respect to judicial independence in Malta through reforms enacted by the government between 1920 and 1921. Individuals who feel that their human rights have been breached also have recourse to the European Court of Human Rights (ECHR). Fully 90% of the human-rights cases that have been taken up by the ECHR Court have produced rulings that Malta has violated the complainant’s human rights. However, the vast majority of these have dealt with pre-1979 legislation.
The role of the Office of the Attorney General, which unlike in other several EU member states has never been a political office, underwent reform in 2019. The attorney general will retain responsibility for prosecutions and criminal matters, but a new state advocate will be responsible for all government advisory and legal representation functions in the field of constitutional civil and administrative law. A new state advocate has been appointed under the new legislation after being unanimously recommended by the appointments commission following a public call. These reforms are in line with the recommendations of the Venice Commission. The European Commission 2021 Rule of Law report on Malta, however, stated that “the removal of the attorney general can be carried out by the president of Malta following a resolution adopted by a two-thirds majority in parliament. Similar changes have been introduced for the State Advocate In its October 2020 Opinion, the Venice Commission recommended that an expert body should decide on the grounds for removal, or that an appeal to the Constitutional Court should be possible against a decision of a parliamentary committee, before the plenary of parliament takes the final decision on the removal.”
Recent judiciary reforms have included the establishment of a commercial section, the reform of the Family Court, and the creation of a new section in the Appeals Court to help speed up case processing.
The 2021 Justice Scoreboard noted that, while more cases were being dealt with and the time needed to resolve cases had fallen, the percentage of resolved cases and pending cases remains high. The report emphasized the lack of internet-based tools for legal-rights education, and information for children. Information for the eligibility of legal aid has been made more transparent by a new IT system. In a survey, nearly 70% of the public and of firms rated the independence of the courts and the judiciary as good or very good, an improvement relative to 2018. Reasons cited for the lack of independence included pressure from the government, politicians and economic groups. Nonetheless, this is more of a perception than a confirmed statistic colored by smallness. There is general agreement among international bodies that the judiciary is fairly independent and efficient and provides strong protection of property rights. The appointment of more judges, improved planning processes and increased use of ICT have had a visible effect on the judicial process. Increased scrutiny of the bench by the Commission for the Administration of Justice should help to increase public confidence in the courts. The number of judges as a percentage of the population remains low, indicating difficulty in finding suitable candidates to take up the post. Online information on published judgments is available, and enough information is now provided to monitor the stages of a proceeding. Delays and deferments may still lengthen the process and judges must enforce more discipline.
Citations:
http://ec.europa.eu/justice/effecti ve-justice/files/justice_scoreboard _communication_en.pdf
http://www.timesofmalta.com/articles/view/20130 506/local/european-commission-says- malta-judicial-reform-must-be-made- a-priority.468460
Malta with the worst record in European Union justice score board Independent 23.03.2015
http://www.timesofmalta.com/articles/view/20160411/local/european-commission-justice-scoreboard-results-welcomed.608529
The 2016 EU Justice Score board
Malthttp://www.maltatoday.com.mt/news/national/76165/maltese_perceive_judicial_independence_to_be_fairly_good#.WesFh1uCyM8a’s Justice System Times of Malta 18/04/16
The 2019 EU Justice Score board
Times of Malta 19/07/18 Judiciary gets hefty pay rise spread over coming three years
Malta Independent 20/01/19 Government will have no say in judicial appointments in upcoming reform – Owen Bonnici
The Malta Independent 10/03/2019 Function of the Judiciary is only to Rubber stamp abuse by the powerful
The Shift 31/01/20 Justice minister’s orders to clear protest memorial a breach of freedom of expression
Times of Malta 06/12/19 Malta’s first state advocate name
2019 Index of Economic Freedom
Recent developments in the Judicial field
https://rm.coe.int/recent-developments-in-the-judicial-field-in-malta-january-2017-to-jun/16808cc3b5
Times of Malta 06/12/19 Malta’s first state advocate named
Aquilina Kevin The State Advocate Bill No 83 of 2019 OLJ Online Law Journal http://lawjournal.ghsl.org/viewer/263/download.pdf
The role of the Office of the Attorney General, which unlike in other several EU member states has never been a political office, underwent reform in 2019. The attorney general will retain responsibility for prosecutions and criminal matters, but a new state advocate will be responsible for all government advisory and legal representation functions in the field of constitutional civil and administrative law. A new state advocate has been appointed under the new legislation after being unanimously recommended by the appointments commission following a public call. These reforms are in line with the recommendations of the Venice Commission. The European Commission 2021 Rule of Law report on Malta, however, stated that “the removal of the attorney general can be carried out by the president of Malta following a resolution adopted by a two-thirds majority in parliament. Similar changes have been introduced for the State Advocate In its October 2020 Opinion, the Venice Commission recommended that an expert body should decide on the grounds for removal, or that an appeal to the Constitutional Court should be possible against a decision of a parliamentary committee, before the plenary of parliament takes the final decision on the removal.”
Recent judiciary reforms have included the establishment of a commercial section, the reform of the Family Court, and the creation of a new section in the Appeals Court to help speed up case processing.
The 2021 Justice Scoreboard noted that, while more cases were being dealt with and the time needed to resolve cases had fallen, the percentage of resolved cases and pending cases remains high. The report emphasized the lack of internet-based tools for legal-rights education, and information for children. Information for the eligibility of legal aid has been made more transparent by a new IT system. In a survey, nearly 70% of the public and of firms rated the independence of the courts and the judiciary as good or very good, an improvement relative to 2018. Reasons cited for the lack of independence included pressure from the government, politicians and economic groups. Nonetheless, this is more of a perception than a confirmed statistic colored by smallness. There is general agreement among international bodies that the judiciary is fairly independent and efficient and provides strong protection of property rights. The appointment of more judges, improved planning processes and increased use of ICT have had a visible effect on the judicial process. Increased scrutiny of the bench by the Commission for the Administration of Justice should help to increase public confidence in the courts. The number of judges as a percentage of the population remains low, indicating difficulty in finding suitable candidates to take up the post. Online information on published judgments is available, and enough information is now provided to monitor the stages of a proceeding. Delays and deferments may still lengthen the process and judges must enforce more discipline.
Citations:
http://ec.europa.eu/justice/effecti ve-justice/files/justice_scoreboard _communication_en.pdf
http://www.timesofmalta.com/articles/view/20130 506/local/european-commission-says- malta-judicial-reform-must-be-made- a-priority.468460
Malta with the worst record in European Union justice score board Independent 23.03.2015
http://www.timesofmalta.com/articles/view/20160411/local/european-commission-justice-scoreboard-results-welcomed.608529
The 2016 EU Justice Score board
Malthttp://www.maltatoday.com.mt/news/national/76165/maltese_perceive_judicial_independence_to_be_fairly_good#.WesFh1uCyM8a’s Justice System Times of Malta 18/04/16
The 2019 EU Justice Score board
Times of Malta 19/07/18 Judiciary gets hefty pay rise spread over coming three years
Malta Independent 20/01/19 Government will have no say in judicial appointments in upcoming reform – Owen Bonnici
The Malta Independent 10/03/2019 Function of the Judiciary is only to Rubber stamp abuse by the powerful
The Shift 31/01/20 Justice minister’s orders to clear protest memorial a breach of freedom of expression
Times of Malta 06/12/19 Malta’s first state advocate name
2019 Index of Economic Freedom
Recent developments in the Judicial field
https://rm.coe.int/recent-developments-in-the-judicial-field-in-malta-january-2017-to-jun/16808cc3b5
Times of Malta 06/12/19 Malta’s first state advocate named
Aquilina Kevin The State Advocate Bill No 83 of 2019 OLJ Online Law Journal http://lawjournal.ghsl.org/viewer/263/download.pdf
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
Since 2020, Superior Court judges and magistrates are appointed by the president, acting in accordance with the advice of the Judicial Appointments Committee (JAC). This has contributed to strengthening judicial independence. The new system of judicial appointments, adopted in July 2020, was assessed by the Venice Commission in its opinion of October 2020. The Venice Commission welcomed the reform, positively assessing the new composition of the JAC, the publication of judicial vacancies, the JAC’s direct proposals regarding judicial candidates to the president of Malta, the submission of detailed reports on candidates by the JAC and the presentation by the JAC of the three most suitable candidates for appointments.
The independence of the judiciary is further safeguarded through a number of constitutional provisions, including the security of tenure of judges and magistrates and the inviolability of their salaries.
The number of female judges in the court of first instance has increased substantially, but the number of female judges still remains low for the court of second instance.
The reform of the procedure for dismissing magistrates and judges has also strengthened judicial independence. Under the new system, the dismissal procedure has been placed under the remit of the Commission for the Administration of Justice, which is largely composed of members of the judiciary, as opposed to the previous system where parliament was in charge of the procedure. In its October 2020 opinion, the Venice Commission considered the reform to be generally in line with existing standards.
Steps have been taken to depoliticize the appointment of the chief justice. The chief justice is appointed by a two-thirds majority of all members of parliament.
Concerns have been raised about the significant number of specialist tribunals that continue to operate, with many of these involving executive power.
Citations:
European Council calls on Malta to improve transparency of Judicial Appointments. Independent 10/02/14
http://www.timesofmalta.com/articles/view/20150517/local/government-ignored-bonello-commission-recommendations-on-appointments.568405
http://www.timesofmalta.com/articles/view/20150819/local/minister-warns-against-reforming-judicial-appointments-system-for-the.581166
http://www.timesofmalta.com/articles/view/20150518/local/bonnici-we-will-reform-way-judiciary-appointed.568596
Judicial appointments and the executive: Government cannot continue to delay reform Independent 2/10/2015
http://www.timesofmalta.com/articles/view/20160225/local/judicial-commission-to-vet-nominees-to-bench.603674
http://www.timesofmalta.com/articles/view/20160718/local/historic-constitutional-amendments-on-judicial-appointments-discipline.619296
http://www.timesofmalta.com/articles/view/20160720/local/judiciary-welcomes-judicial-reform-legislation.619498
Interview with Professor Kevin Aquilina
Malta Independent 20/01/19 Government will have no say in judicial appointments in upcoming reform – Owen Bonnici
https://www.maltatoday.com.mt/news/national/93687/magistrate_yana_micallef_stafrace_not_recommended_for_promotion_to_judge_by_the_judicial_appointments_committee#.XZxKpWAzbIU
Times of Malta 11/02/20 Judiciary reform on the way
https://www.maltatoday.com.mt/news/court_and_police/101443/chamber_of_advocates_welcomes_appointment_of_new_chief_justice#.YdgMDtSEApg
The independence of the judiciary is further safeguarded through a number of constitutional provisions, including the security of tenure of judges and magistrates and the inviolability of their salaries.
The number of female judges in the court of first instance has increased substantially, but the number of female judges still remains low for the court of second instance.
The reform of the procedure for dismissing magistrates and judges has also strengthened judicial independence. Under the new system, the dismissal procedure has been placed under the remit of the Commission for the Administration of Justice, which is largely composed of members of the judiciary, as opposed to the previous system where parliament was in charge of the procedure. In its October 2020 opinion, the Venice Commission considered the reform to be generally in line with existing standards.
Steps have been taken to depoliticize the appointment of the chief justice. The chief justice is appointed by a two-thirds majority of all members of parliament.
Concerns have been raised about the significant number of specialist tribunals that continue to operate, with many of these involving executive power.
Citations:
European Council calls on Malta to improve transparency of Judicial Appointments. Independent 10/02/14
http://www.timesofmalta.com/articles/view/20150517/local/government-ignored-bonello-commission-recommendations-on-appointments.568405
http://www.timesofmalta.com/articles/view/20150819/local/minister-warns-against-reforming-judicial-appointments-system-for-the.581166
http://www.timesofmalta.com/articles/view/20150518/local/bonnici-we-will-reform-way-judiciary-appointed.568596
Judicial appointments and the executive: Government cannot continue to delay reform Independent 2/10/2015
http://www.timesofmalta.com/articles/view/20160225/local/judicial-commission-to-vet-nominees-to-bench.603674
http://www.timesofmalta.com/articles/view/20160718/local/historic-constitutional-amendments-on-judicial-appointments-discipline.619296
http://www.timesofmalta.com/articles/view/20160720/local/judiciary-welcomes-judicial-reform-legislation.619498
Interview with Professor Kevin Aquilina
Malta Independent 20/01/19 Government will have no say in judicial appointments in upcoming reform – Owen Bonnici
https://www.maltatoday.com.mt/news/national/93687/magistrate_yana_micallef_stafrace_not_recommended_for_promotion_to_judge_by_the_judicial_appointments_committee#.XZxKpWAzbIU
Times of Malta 11/02/20 Judiciary reform on the way
https://www.maltatoday.com.mt/news/court_and_police/101443/chamber_of_advocates_welcomes_appointment_of_new_chief_justice#.YdgMDtSEApg
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
A number of institutions and processes work to prevent corruption. These include the Permanent Commission Against Corruption, the National Audit Office, the Ombuds Office and the Public Service Commission. The judiciary also plays an important part in ensuring accountability.
Since the start of its tenure, the government has introduced a number of reforms. In 2013, it reduced elected political figures’ ability to evade corruption charges by removing statutes of limitation on such cases and introduced a more effective Whistleblower Act, although this needs further reform. In 2016, it passed a law on standards in public life, and in 2018 the government and the opposition agreed on the appointment of the person who will oversee the workings of this law. In 2019, the government appointed the Police Governing Board to assist in reforming the corps and to extend oversight more generally.
A new targeted anti-fraud and corruption strategy was approved by the government. While investigative and prosecution bodies have improved their capacity for dealing with corruption cases, as shown by the increase in the number of cases opened, investigations continue to be lengthy, depending on their complexity, and few high-level cases result in convictions. The reforms concerning the appointment of the police commissioner and of the commissioners of the Permanent Commission against Corruption, as well as the reorganized cooperation between the police and the attorney general are recent. The results of these reforms are yet to be seen. Concerning the rules on integrity for public officials, including members of parliament and ministers, further changes are envisaged. Specific guidelines were put in place to mitigate the risk of corruption in public procurement during the COVID-19 pandemic.
According to the European Commission 2021 report on rule of law in Malta, “Since October the Attorney General has taken over the prosecution of certain serious crimes including high-level corruption. A total of 14 prosecutors are dedicated to financial crimes and, since the second quarter of 2020, a task force on complex financial crimes has been in place. The number of financial crimes cases investigated and solved has increased substantially, following the recent increase of resources and capacity of the financial crimes investigations department (FCID) that took place between 2019 and September 2020 69. However, the investigation and prosecution of corruption remains a lengthy process, especially in those cases that require large financial data analysis or that are considered complex. There are currently several high-level corruption cases that remain pending before the court.”
There is a separate Code of Ethics that applies to ministers, members of parliament and public servants, and a recently appointed commissioner for standards in public life (who is selected by a two-thirds majority vote in parliament) has already produced results. Ministers and members of parliament are also expected to make an annual asset declaration. The Public Accounts Committee of the unicameral House of Representatives can investigate public-expenditure decisions to ensure that money spent or contracts awarded are transparent, and conducted according to law and general financial regulations. Unfortunately, this committee tends toward a partisan approach which diminishes its effectiveness. Internal audit systems can also be found in every department and ministry, but it is difficult to assess their effectiveness.
Money laundering is criminalized under the Prevention of Money Laundering Act, which stipulates procedures for the investigation and prosecution of money laundering, and establishes the Prevention of Money Laundering and Funding of Terrorism Regulations. However, Malta has faced various calls for reform in this sector. In 2021, Malta was grey listed by the FATF. The government has embarked on a program of reform involving the updating of legislation, strategic plans, and stronger monitoring and enforcement.
Conflicts of interest remain common across both parties. The 2020 GAN report states that the public-services sector carries a low corruption risk for businesses operating in Malta, while Malta’s land administration suffers from moderate risks of corruption. It additionally says that corruption risks at Malta’s border are moderate, but that Malta’s public-procurement sector carries a high corruption risk for business. In 2020, the prime minster appointed a committee to review the Vitals hospital deal, which involved the leasing of three government hospitals by an international consortium and was mired in numerous allegations of corruption, including the non-fulfillment of public-procurement regulations. Malta’s Planning Authority (MEPA) has been under scrutiny for decades due to allegations of corruption and other irregularities in its decision-making process. This situation is exacerbated by the prevalence of the face-to-face relationships common in small countries, and the fact that most of Malta’s parliamentarians aside from members of the government serve on a part-time basis, and thus maintain extensive private interests. Many also sit on government boards, a practice which the new commissioner for public standards has deemed to contravene the spirit of the constitution. According to a 2018 report by the European Greens, Malta loses 8.65% of its GDP to corruption. How this figure was arrived at has been contested. According to the 2021 Corruption Perception Index, Malta scored 54 out of 100 points, an improvement of one point from the previous year.
In 2022, the Nationalist Party proposed 12 legislative bills focused on fighting corruption. The bills included the creation of a special magistrate to focus solely on corruption by public officers and the introduction of a new crime for abuse of public office. However, the bills have not found the requisite support needed in parliament to become law.
Citations:
Audit office finds lack of adherence to procurement regulations by the office of the prime minister Times of Malta 14/12 2015
No independent testing of concrete at child development center in Gozo Times of Malta 14/12/2015
Audit office calls for better verification of applications for social assistance Times of Malta 14/12/2015
http://www.timesofmalta.com/articles/view/20160503/local/minister-to-keep-pressure-on-mfsa-independent-regulator.610814
http://www.timesofmalta.com/articles/view/20160928/local/government-statement-pm-has-no-clue-if-chief-of-staff-will-benefit.626373
http://www.timesofmalta.com/articles/view/20160510/local/zammit-dimech-cachia-caruana-deny-panama-papers-links.611633
http://www.timesofmalta.com/articles/view/20151129/local/minister-tells-his-business-partners-to-obey-the-law.593836
http://www.timesofmalta.com/articles/view/20160407/local/konrad-mizzi-to-address-labor-conference-as-pressure-over-panama.608123
http://www.timesofmalta.com/articles/view/20161008/local/does-keith-schembris-opm-contract-contain-conflict-of-interest-rules.627308
Study shows political corruption at the PA Times of Malta 29/10/17
The Global Competitiveness Report 2017-2018
Will the chickens come home to roost in 2018 Times of Malta 08/01/18
Ombudsman Report 2018
https://www.timesofmalta.com/articles/view/20181008/local/audit-office-adopts-new-strategy-to-improve-governance.691098
GAN Business anti-corruption Portal 2020 Malta Corruption Report
The Cost of Corruption across the EU. The Greens/EFA Group 2018
https://tradingeconomics.com/malta/corruption-index
https://www.mfsa.mt/firms/anti-money-laundering/about-aml/ includes risk assessments
GRECO Report on Malta 2019 https://rm.coe.int/grecoeval5rep-2018-6-fifth-evaluation-round-preventing-corruption-and-/168093bda3
https://www.islesoftheleft.org/digging-deeper-into-the-root-cause-of-clientelism-in-malta/
Malta Today 08/01/22 Bernard Grech unveils PN’s anti-corruption package of 12 legislative bills
Since the start of its tenure, the government has introduced a number of reforms. In 2013, it reduced elected political figures’ ability to evade corruption charges by removing statutes of limitation on such cases and introduced a more effective Whistleblower Act, although this needs further reform. In 2016, it passed a law on standards in public life, and in 2018 the government and the opposition agreed on the appointment of the person who will oversee the workings of this law. In 2019, the government appointed the Police Governing Board to assist in reforming the corps and to extend oversight more generally.
A new targeted anti-fraud and corruption strategy was approved by the government. While investigative and prosecution bodies have improved their capacity for dealing with corruption cases, as shown by the increase in the number of cases opened, investigations continue to be lengthy, depending on their complexity, and few high-level cases result in convictions. The reforms concerning the appointment of the police commissioner and of the commissioners of the Permanent Commission against Corruption, as well as the reorganized cooperation between the police and the attorney general are recent. The results of these reforms are yet to be seen. Concerning the rules on integrity for public officials, including members of parliament and ministers, further changes are envisaged. Specific guidelines were put in place to mitigate the risk of corruption in public procurement during the COVID-19 pandemic.
According to the European Commission 2021 report on rule of law in Malta, “Since October the Attorney General has taken over the prosecution of certain serious crimes including high-level corruption. A total of 14 prosecutors are dedicated to financial crimes and, since the second quarter of 2020, a task force on complex financial crimes has been in place. The number of financial crimes cases investigated and solved has increased substantially, following the recent increase of resources and capacity of the financial crimes investigations department (FCID) that took place between 2019 and September 2020 69. However, the investigation and prosecution of corruption remains a lengthy process, especially in those cases that require large financial data analysis or that are considered complex. There are currently several high-level corruption cases that remain pending before the court.”
There is a separate Code of Ethics that applies to ministers, members of parliament and public servants, and a recently appointed commissioner for standards in public life (who is selected by a two-thirds majority vote in parliament) has already produced results. Ministers and members of parliament are also expected to make an annual asset declaration. The Public Accounts Committee of the unicameral House of Representatives can investigate public-expenditure decisions to ensure that money spent or contracts awarded are transparent, and conducted according to law and general financial regulations. Unfortunately, this committee tends toward a partisan approach which diminishes its effectiveness. Internal audit systems can also be found in every department and ministry, but it is difficult to assess their effectiveness.
Money laundering is criminalized under the Prevention of Money Laundering Act, which stipulates procedures for the investigation and prosecution of money laundering, and establishes the Prevention of Money Laundering and Funding of Terrorism Regulations. However, Malta has faced various calls for reform in this sector. In 2021, Malta was grey listed by the FATF. The government has embarked on a program of reform involving the updating of legislation, strategic plans, and stronger monitoring and enforcement.
Conflicts of interest remain common across both parties. The 2020 GAN report states that the public-services sector carries a low corruption risk for businesses operating in Malta, while Malta’s land administration suffers from moderate risks of corruption. It additionally says that corruption risks at Malta’s border are moderate, but that Malta’s public-procurement sector carries a high corruption risk for business. In 2020, the prime minster appointed a committee to review the Vitals hospital deal, which involved the leasing of three government hospitals by an international consortium and was mired in numerous allegations of corruption, including the non-fulfillment of public-procurement regulations. Malta’s Planning Authority (MEPA) has been under scrutiny for decades due to allegations of corruption and other irregularities in its decision-making process. This situation is exacerbated by the prevalence of the face-to-face relationships common in small countries, and the fact that most of Malta’s parliamentarians aside from members of the government serve on a part-time basis, and thus maintain extensive private interests. Many also sit on government boards, a practice which the new commissioner for public standards has deemed to contravene the spirit of the constitution. According to a 2018 report by the European Greens, Malta loses 8.65% of its GDP to corruption. How this figure was arrived at has been contested. According to the 2021 Corruption Perception Index, Malta scored 54 out of 100 points, an improvement of one point from the previous year.
In 2022, the Nationalist Party proposed 12 legislative bills focused on fighting corruption. The bills included the creation of a special magistrate to focus solely on corruption by public officers and the introduction of a new crime for abuse of public office. However, the bills have not found the requisite support needed in parliament to become law.
Citations:
Audit office finds lack of adherence to procurement regulations by the office of the prime minister Times of Malta 14/12 2015
No independent testing of concrete at child development center in Gozo Times of Malta 14/12/2015
Audit office calls for better verification of applications for social assistance Times of Malta 14/12/2015
http://www.timesofmalta.com/articles/view/20160503/local/minister-to-keep-pressure-on-mfsa-independent-regulator.610814
http://www.timesofmalta.com/articles/view/20160928/local/government-statement-pm-has-no-clue-if-chief-of-staff-will-benefit.626373
http://www.timesofmalta.com/articles/view/20160510/local/zammit-dimech-cachia-caruana-deny-panama-papers-links.611633
http://www.timesofmalta.com/articles/view/20151129/local/minister-tells-his-business-partners-to-obey-the-law.593836
http://www.timesofmalta.com/articles/view/20160407/local/konrad-mizzi-to-address-labor-conference-as-pressure-over-panama.608123
http://www.timesofmalta.com/articles/view/20161008/local/does-keith-schembris-opm-contract-contain-conflict-of-interest-rules.627308
Study shows political corruption at the PA Times of Malta 29/10/17
The Global Competitiveness Report 2017-2018
Will the chickens come home to roost in 2018 Times of Malta 08/01/18
Ombudsman Report 2018
https://www.timesofmalta.com/articles/view/20181008/local/audit-office-adopts-new-strategy-to-improve-governance.691098
GAN Business anti-corruption Portal 2020 Malta Corruption Report
The Cost of Corruption across the EU. The Greens/EFA Group 2018
https://tradingeconomics.com/malta/corruption-index
https://www.mfsa.mt/firms/anti-money-laundering/about-aml/ includes risk assessments
GRECO Report on Malta 2019 https://rm.coe.int/grecoeval5rep-2018-6-fifth-evaluation-round-preventing-corruption-and-/168093bda3
https://www.islesoftheleft.org/digging-deeper-into-the-root-cause-of-clientelism-in-malta/
Malta Today 08/01/22 Bernard Grech unveils PN’s anti-corruption package of 12 legislative bills