COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Malta Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Malta, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 818 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report      Country Chapter on the rule of law situation in Malta Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                     The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The level of perceived judicial independence in Malta remains high. However, no steps have 
been  taken  to  involve  the  judiciary  in  the  procedure  for  appointment  of  the  Chief  Justice. 
Certain types of prosecution continue to be transferred to the office of the Attorney General, a 
Strategic  and  Operational  Plan  for  the  prosecution  service  has  been  launched,  and  a  new 
disciplinary regime for prosecutors has been established. Regarding the quality of the justice 
system,  new  judges  have  been  appointed,  but  the  overall  level  of  resources,  including  the 
number of clerical staff, raises concerns. A steering committee was established and has initiated 
work to enhance the digitalisation of the justice system. Work on draft legislation regulating 
the  lawyers’  profession  is  ongoing.  The  efficiency  of  justice  has  further  deteriorated,  with 
initial steps being taken to improve the situation. 

The National Anti-Fraud and Corruption Strategy was updated on time, and its implementation 
will  be  monitored  on  an  ad  hoc  bilateral  basis.  Prosecution  was  launched  by  the  Attorney 
General office in relation to some cases, but challenges related to high-level corruption cases, 
including  the  lack  of  a  robust  track  record  of  final  judgments  remain.  The  capacity  of  the 
Permanent  Commission  against  Corruption  to  reach  tangible  results  remains  low.  New 
resources  and  initiatives  were  deployed  to  increase  the  integrity  in  the  public  service.  The 
Office of the Commissioner for Standards in Public Life is continuing the series of reviews of 
ethics  rules  for  high-ranking  officials.  Some  concerns  were  raised  regarding  the  modified 
procedure  for  the  appointment  of  the  Commissioner  for  Standards  in  Public  Life,  the 
transparency of the results of audits, and the funding of political parties. New info-tools on 
whistleblowers procedures are available. The  investor citizenship scheme  continues  to  raise 
concerns. 

While the media reform process launched following the publication of the report of the Daphne 
Caruana Galizia public inquiry is still ongoing, no measures have been adopted to improve the 
working  environment  of  journalists.  The  Committee  of  Experts  set  up  for  this  purpose  was 
granted  additional  time  to  carry  out  wider  consultations.  The  review  of  the  Freedom  of 
Information  Act  remains  pending  and  media  houses  and  citizens  continue  to  face  obstacles 
when requesting access to information held by public authorities. No steps have been taken to 
enhance the independent governance and editorial independence of public service media. The 
absence of a legal framework to ensure transparency in state advertising remain an issue of 
concern.  While  there  have  been  no  developments  with  regard  to  the  legislative  framework 
establishing  the  Broadcasting  Authority,  a  Constitutional  Court  judgement  has  clarified  the 
authority’s role.  

A  new  Ombudsperson  was  appointed  while  the  establishment  of  a  human  rights  institution 
remains pending. The Constitutional Convention announced in 2019, which is to contribute to 
addressing  concerns  regarding  the  appointment  of  constitutional  bodies  and  the  role  of 
Parliament,  remains  on  hold  without  a  clear  calendar.  The  lack  of  a  formalised  process  for 
public  participation  continues  to  raise  concerns.  The  Commissioner  for  Voluntary 
Organisations continued his efforts to enhance the civil society space. 

1 

 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Malta has made: 

  No progress on addressing the need for involvement of the judiciary in the procedure for 
appointment  of  the  Chief  Justice,  taking  into  account  European  standards  on  judicial 
appointments and the opinion of the Venice Commission. 

  Some progress on strengthening efforts to improve the efficiency of justice, particularly to 

reduce the length of proceedings.  

  Some progress on addressing challenges related to the length of investigations of high-level 
corruption cases; and no progress on establishing a robust track record of final judgments. 
  Some progress on advancing with the introduction of legislative and other safeguards to 
improve  the  working  environment  of  journalists  and  no  further  progress  on  access  to 
official documents, taking into account European standards on the protection of journalists.  
  No  progress  on  strengthening  the  rules  and  mechanisms  to  enhance  the  independent 
governance  and  editorial  independence  of  public  service  media  taking  into  account 
European standards on public service media.  

  No progress on re-launching efforts to establish a National Human Rights Institution taking 

into account the UN Paris Principles. 

On this basis, and considering other developments that took place in the period of reference, 
and in addition to recalling the commitments made under the national Recovery and Resilience 
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is 
recommended to Malta to: 

  Take  steps  to  address  the  need  for  involvement  of  the  judiciary  in  the  procedure  for 
appointment  of  the  Chief  Justice,  taking  into  account  European  standards  on  judicial 
appointments and the opinion of the Venice Commission. 

  Further strengthen efforts to improve the efficiency of justice, particularly to reduce the 

length of proceedings. 

  Step up measures to address challenges related to the length of investigations of high-level 

corruption cases, including by establishing a robust track record of final judgments. 

  Adopt legislative and other safeguards to improve the working environment of journalists, 
including on access to official documents, taking into account European standards on the 
protection of journalists and on access to official documents.  

  Strengthen the rules and mechanisms to enhance the independent governance and editorial 
independence of public service media taking into account European standards on public 
service media. 

  Take measures to establish a National Human Rights Institution taking into account the UN 

Paris Principles. 
Introduce a framework for public participation in the legislative process. 

 

2 

 
 
I. 

JUSTICE SYSTEM  

The  Maltese  justice  system  is  influenced  by  both  the  continental  and  the  common  law 
traditions. Courts are divided into Superior and Inferior Courts. Superior Courts are composed 
of judges and include the Civil Court, the Criminal Court, the Court of Appeal, the Court of 
Criminal Appeal and the Constitutional Court. Inferior Courts are composed of magistrates and 
include the Court of Magistrates (Malta) and the Court of Magistrates (Gozo). The judiciary is 
headed by the Chief Justice who also presides over the Constitutional Court. A Commission 
for the Administration of Justice supervises the workings of all the superior and inferior courts. 
A  number  of  specialised  tribunals  exist,  adjudicating  in  specific  areas.  A  fully  separate 
Prosecution Service was set up in 2019. Malta participates in the European Public Prosecutor’s 
Office  (EPPO).  The  Bar  Association  (Chamber  of  Advocates)  is  an  independent  and  self-
regulated professional body of lawyers. 

Independence  

The level of perceived judicial independence in Malta continues to be high both among 
the  general  public  and  companies.  Overall,  66%  of  the  general  population  and  65%  of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in  20231.  According  to  data  in  the  2023  EU  Justice  Scoreboard,  the  perceived  judicial 
independence among the general public has slightly decreased in comparison with 2022 (67%), 
inverting a previous increasing trend until 2021. The figure remains higher than in 2016 (44%). 
The perceived judicial independence among companies has slightly decreased in comparison 
with 2022 (68%), as well as with 2016 (68%).  

There has been no progress to involve the judiciary in the procedure for appointment of 
the Chief Justice. The 2022 Rule of Law Report recommended to Malta to “address the need 
for involvement of the judiciary in the procedure for appointment of the Chief Justice, taking 
into  account  European  standards  on  judicial  appointments  and  the  opinion  of  the  Venice 
Commission”2.  Following  the  constitutional  changes  made  in  2020,  the  Chief  Justice  is 
appointed  by  a  two-thirds  majority  in  Parliament3.  According  to  the  authorities,  no  further 
legislative changes are planned, and this provision has, to date, not yet been used4. As indicated 
in previous Rule of Law Reports5, the fact that there is no involvement of the judiciary in the 
appointment of the Chief Justice requires further attention, in particular in view of the many 
roles played by the Chief Justice in  the justice system6 and the fact  that the law allows the 

1   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

2   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
3   Article 96(3) of the Constitution of Malta. 
4   Input from Malta for the 2023 Rule of Law Report, p. 4. 
5   2021 Rule of  Law Report,  Country  Chapter on the  rule of law situation in Malta, p. 3; 2022 Rule of  Law 

Report, Country Chapter on the rule of law situation in Malta, pp. 3-4. 

6   The Chief Justice is President of the Constitutional Court and President of the Court of Appeal (presiding in 
both appeal panels), and performs important responsibilities in the administration of the justice system such 
as chairing the Judicial Appointments Committee, and is a member of the Commission for the Administration 
of  Justice  responsible  for  judicial  discipline.  As  regards  the  standards  applicable  to  court  presidents,  see 
Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court Presidents, para. 
53. The current Chief Justice, who was already a senior judge, was appointed in April 2020 in accordance with 
the procedure based on a two-third majority in Parliament (before it became a legal obligation). 

3 

 
                                                           
appointment  to  the  office  of  a  person  who  is  not  already  a  judge7.  According  to  European 
standards,  where  there  are  legal  provisions  prescribing  that  the  legislative  power  takes 
decisions on the selection of judges, the opinion of an independent and competent authority 
drawn  in  substantial  part  from  the  judiciary  should  be  followed  in  practice  by  the  relevant 
appointing  authority8.  Moreover,  no  steps  have  been  taken  to  introduce  an  anti-deadlock 
mechanism  for  the  appointment  of  the  Chief  Justice,  as  recommended  by  the  Venice 
Commission9. This has also been considered an issue by some stakeholders10. No steps have 
been taken to change the system of appointment of the Chief Justice, therefore there has been 
no  progress  in  the  implementation  of  the  recommendation  made  in  the  2022  Rule  of  Law 
Report.  

The  transfer  of  certain  types  of  prosecutions  to  the  Office  of  the  Attorney  General 
continues, and a Strategic and Operational Plan has been launched. The transfer of certain 
types  of  prosecutions11  from  the  police  to  the  Attorney  General  continues,  according  to  its 
timeline12. On 1 October 2022, the third phase of the transition period was carried out and the 
Office  of  the  Attorney  General  is  now  empowered  to  prosecute  additional  offences  before 
inferior  courts13.  Recruitments  of  new  prosecutors  and  clerical  staff  continued14,  and  on  16 
December 2022 the Office of the Attorney General and the trade union representing the legal 
staff  signed  a  collective  agreement  revising  the  remuneration  packages  and  conditions  of 
employment within the Attorney General’s Office15. On 15 February 2023, the Office of the 
Attorney General launched a Strategic and Operational Plan16, a five-year strategy including 
specific milestones related to, among others, training and education of prosecutors and other 
matters  related  to  conditions  of  employment  and  human  resources.  The  appointment  of  the 

7   The appointment, role and functions of the Chief Justice are determined primarily by the Constitution and by 
the  Code  of Organisation and Civil Procedure. In practice, the person occupying the position of the  Chief 
Justice in Malta has always been a seasoned lawyer or judge. 

8   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. Under 
EU law, the involvement of a body such as the Council for the Judiciary in judicial appointment procedures 
may contribute to making that process more objective by circumscribing the executive’s discretion as regards 
such appointments, provided that such council is sufficiently independent. Judgment of the Court of Justice of 
20 April 20, Repubblika, C-896/19, EU:C:2021:311; judgment of the Court of Justice of 2 March 2021, A.B. 
et al., C-824/18, EU:C:2021:153, paras. 124-127 and the case-law cited. 

9   Venice Commission, CDL-AD(2020)019-e, Opinion of 8 October 2020 on Malta - Opinion on ten Acts and 
bills implementing legislative proposals subject of Opinion CDL-AD(2020)006, para. 43; 2021 Rule of Law 
Report, Country Chapter on the rule of law situation in Malta, p. 3.  

10   Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of 
Law Report, p. 11; information provided by the Chief Justice in the context of the country visit to Malta. 
11   Those  relate  to  non-summary  cases,  which  are  cases  punishable  with  a  penalty  exceeding  2  years  of 

imprisonment. 

12   2021 Rule of  Law Report,  Country  Chapter on the rule of law situation in Malta, p. 4; 2022 Rule of  Law 

Report, Country Chapter on the rule of law situation in Malta, p. 5. 

13   Input from Malta for the 2023 Rule of Law Report, p. 12. In particular, the Office of the Attorney General is 
now  also  empowered  to  take  the  decision  to  prosecute  the  following  offences:  a)  forgery  of  Government, 
judicial or official acts; b) forgery of acts by public officer; c) crimes related to sex trafficking; d) female 
genital mutilation, enforced sterilisation and forced marriage; e) causing explosion likely to endanger life or 
property; f) illicit importation of radioactive waste; and g) attempts or conspiracy to commit or complicity in 
the previously mentioned offences. 

14   During 2022, 14 new lawyers were recruited. Information provided by the Attorney General in the context of 

the country visit to Malta. 

15   Input from Malta for the 2023 Rule of Law Report, p. 9. 
16   The plan was prepared with technical assistance provided by the European Commission and the World Bank.  

4 

 
                                                           
 
Attorney General still remains predominantly under the power of the Prime Minister, which 
has been raised as an issue already in the 2020 Rule of Law Report17. 

A new disciplinary regime for prosecutors has been established. The collective agreement 
signed on 16 December 2022 between the Office of the Attorney General and the trade union 
representing  its  legal  staff  includes  a  disciplinary  regime  for  prosecutors18.  The  regime 
establishes different levels of disciplinary offences as  well as the procedure to be followed. 
Minor  offences19  are  heard  by  the  Head  Corporative  Services,  a  specific  department  of  the 
Office of the Attorney General. Serious offences20 are adjudicated upon by a disciplinary board. 
This board will be specific for each case. It will be composed of three members: one chosen 
by the trade union, one chosen by the Office of the Attorney General, and a chairperson chosen 
by agreement of the two other members. Decisions of the disciplinary board can be appealed 
before  an  Appeal  Board,  with  a  mandate  of  three  years  and  a  similar  composition  to  the 
disciplinary  board21.  Sanctions  for  serious  offences  include  suspension,  demotion,  and 
dismissal  of  prosecutors.  According  to  the  Office  of  the  Attorney  General,  decisions  of  the 
Appeal Board would be challengeable before the courts22. According to European standards, 
an  appeal  to  a  court  should  be  available  for  disciplinary  sanctions  taken  by  disciplinary 
committees  against  prosecutors23.  The  collective  agreement  provides  that  proceedings  are 
confidential, whereas according to European standards the disciplinary proceedings should in 
principle be held in public24.  

The appointment regime for members of specialised tribunals continues to raise concerns. 
As reflected in the 2022 Rule of Law Report25, the Government has committed in its Recovery 
and Resilience Plan to carry out a review of the independence of the specialised tribunals in 
communication with the Venice Commission26, and the corresponding legislative changes are 
to enter into force by 31 March 2026. Stakeholders have continued voicing criticism regarding 

17   2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 5; Venice Commission, 
CDL-AD(2010)040, Independence of the Judicial System, Part II: The Prosecution Service, para. 34-35.  
18   Collective agreement between the Office of the Attorney General and the trade union, Section 4; input from 

Malta for the 2023 Rule of Law Report, p. 11. 

19   Minor offences include late attendance, unjustified absence and idling at the Office.  
20   Serious offences include breach of codes of ethics, negligence in the performance of the duties or defective 

work.  

21   The Appeal Board will also be composed of three members: one chosen by the trade union, one chosen by the 

office of the Attorney General, and a chairperson chosen by agreement of the two other members.  

22   Information provided by the Association of judges and magistrates of Malta in the context of the country visit 

to Malta.  

23   Venice Commission CDL-AD(2010)040-e, para. 52.  
24   Judgment  of  the  European  Court  of  Human  Rights  of  21  June  2016,  Ramos  Nunes  de  Carvalho  E  Sá  v. 

Portugal, 55391/13. 

25   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. 
26   On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone no. 6.3 states: ‘An independent contractor shall be engaged through public procurement procedures, 
in  order  to  assess  the  independence  of  the  specialised  tribunals  at  national  level.  This  assessment  shall  be 
carried out in communication with the Council of Europe’s Venice Commission.’ The report shall include (p. 
60 of the Annex) (i) an assessment of the guarantees of independence for appointments of members to said 
specialised tribunals, (ii) an assessment of the guarantees which provide for the tribunals' decisions to be fully 
reviewed by the ordinary courts of appeal, and (iii) concrete and precise policy recommendations. Milestone 
no. 6.4 states: ‘Legislative changes shall undertake remedial action based on the findings/recommendations 
made by the independent review on the independence of the specialised tribunals’.  

5 

 
                                                           
the system of appointment of members of these specialised tribunals27, as members are often 
appointed  through  a  procedure  involving  only  the  executive  power,  as  also  illustrated  by  a 
recent case of the European Court of Human Rights28. Moreover, decisions of those tribunals 
are at times only subject to judicial review on points of law, but not on points of fact.  

Quality  

Although the number of judges has been increased, the level of resources, including the 
limited number of clerical staff, remains a concern.  The number of judges per person in 
Malta continues to be among the lowest in the EU29, which could also affect the efficiency of 
the justice system. Following calls for appointment of judges in 2022 and 2023, there has been 
an increase of four members of the judiciary30. New members of the judiciary have complained 
about a lack of basic resources and skilled support staff for the implementation of their tasks31. 
In July 2022, the Court Services Agency signed a collective agreement on working conditions 
for  support  staff32  and  launched  a  procedure  to  recruit  court  clerks,  court  messengers  and 
deputy  registrars  in  January  202333.  However,  according  to  stakeholders,  the  number  of 
applications received was low and challenges remain to find staff with the necessary level of 
skills to perform their duties34. Moreover, shortcomings regarding the limited availability of 
office and courtroom space persist35. According to the 2023 EU Justice Scoreboard, women 
are  underrepresented  in  the  top  judicial  positions36,  while  the  number  of  female  judges 
approximately constitute half of the total judiciary.  

A steering committee has been set up to establish targets – in line with the Digital Justice 
Strategy  –  to  address  gaps  in  the digitalisation  of  justice.  Following  the  adoption  of  the 
Digital  Justice  Strategy,  a  steering  committee  was  set  up  in  202237,  with  the  task  of 
operationalising the Strategy and establishing specific targets. Several working groups have 
been  created  within  the  committee,  involving  stakeholders  who  are  currently  reviewing 
legislation in order to facilitate the transition to a digital justice system. One of the first tasks 
for the steering committee is a mapping of changes needed to render the justice system more 
adapted to the Digital Strategy38. To this effect, a tender has been published requesting process 
mapping  across  several  justice  entities.  The  tender  is  currently  in  evaluation  stage  and  it  is 
envisaged that implementation starts by the end of the year39. Moreover, the Government has 

27   Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of 

Law Report, p. 12. 

28   Judgment of the European Court of Human Rights of 20 December 2022, S.H. v. MALTA, 37241/21.  
29   Figure 35, 2023 EU Justice Scoreboard. 
30   Input from Malta for the 2023 Rule of Law Report, p. 5. 
31   Information provided by the Association of judges and magistrates of Malta and the Chief Justice in the context 

of the country visit to Malta. 

32   Government  of  Malta  2022,  Minister  for  Justice  Jonathan  Attard  presides  over  the  signing  of  a  collective 

agreement for Court Services Agency's employees. 

33   Input from Malta for the 2023 Rule of Law Report, p. 17. 
34   Information provided by the Association of judges and magistrates of Malta and the Chamber of Advocates in 

the context of the country visit to Malta. 

35   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 7. 
36   Figure 36, 2023 EU Justice Scoreboard.  
37   Input from Malta for the 2023 Rule of Law Report, p. 6. 
38   Information provided by the Association of judges and magistrates of Malta in the context of the country visit 

to Malta. 

39   Information provided by the Government in the context of the country visit to Malta. 

6 

 
                                                           
launched a number of projects and tenders40, including acquisition of hardware, in line with the 
investments foreseen in the Recovery and Resilience Plan41. Likewise, the Legal Aid Agency 
is introducing its own case management system42. These actions will contribute to addressing 
important gaps in the digitalisation of justice as identified in the 2023 EU Justice Scoreboard 
and indicated by stakeholders43. In particular, Malta is still falling behind in areas such as use 
of  digital  technology  by  courts  and  prosecution  service44,  online  filing,  and  availability  of 
electronic tools for courts and prosecution services to communicate with court users and other 
bodies45.  The  current  efforts  at  creating  the  necessary  digital  infrastructure  in  the  Maltese 
justice  sector  with  the  eventual  interoperability  between  systems  could  eventually  address 
current digital shortcomings. 

A legislative initiative regulating the activities of lawyers is under preparation. A working 
group has been set up for the preparation of a Lawyers Act. The working group includes the 
relevant  governmental  services  and  members  of  the  Chamber  of  Advocates46.  The  need  for 
legislation  regulating  lawyers’  activities  has  been  a  long-standing  request  from  the  legal 
profession47.  

Efficiency 

The efficiency of the justice system has further deteriorated and raises concerns.  Most 
efficiency  indicators,  as  shown  in  the  2023  EU  Justice  Scoreboard,  have  worsened.  For 
instance,  the  estimated  time  needed  to  resolve  administrative  cases  at  first  instance  is  1356 
days, the longest within the EU48. Furthermore, the clearance rate has furthered deteriorated 
and is now at 89.2%, showing that fewer cases are resolved than come in49 even though there 
was an increase of resolved cases of 20% that was still offset by an increase of 22% in incoming 
cases50. This is a particular concern for civil and commercial cases, where the rate is 78.1%51. 
The number of incoming cases has increased52. Limited progress is registered regarding the 
estimated time needed to resolve litigious civil and commercial cases at first instance, which 
decreased  from  550  to  529  days53.  Stakeholders  have  raised  concerns  in  relation  to  the 

40   Input from Malta for the 2023 Rule of Law Report, p. 6. 
41   On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone 6.40 states: ‘Launch and availability to users of the developed IT tools and systems’. The investment 
shall consist of two parts (p. 65 of the Annex): (a) mapping and redesign of processes towards end-to-end 
digital processes, project management, legal and overall consultancy and cost-benefit analysis support - this 
covers  the  horizontal  requirements  to  support  the  investment  including  supporting  software  as  well  as 
outsourcing services to guarantee that adequate resources, skills and expertise are ensured; and (b) a number 
of digital solutions for the justice system. 

42   Information provided by the Government in the context of the country visit to Malta. 
43   Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of 

Law Report, p. 11. 

44   Figure 42, 2023 EU Justice Scoreboard. 
45   Figures 43 and 44, 2023 EU Justice Scoreboard. 
46   Information provided by the Chamber of Advocates in the context of the country visit to Malta. 
47   Ibid.  
48   Figure 9, 2023 EU Justice Scoreboard. 
49   Figure 12, 2023 EU Justice Scoreboard. 
50   Information provided by the Government in the context of the country visit to Malta.  
51   Figure 11, 2023 EU Justice Scoreboard. 
52   Figure 3, 2023 EU Justice Scoreboard. 
53   Figure 6, 2023 EU Justice Scoreboard. 

7 

 
                                                           
efficiency of justice, including as regards specific cases such as  criminal cases of domestic 
violence54.  

Some progress has been made to improve the efficiency of the justice system. The 2022 
Rule of Law Report recommended to Malta to “strengthen efforts to improve the efficiency of 
justice, particularly to reduce the length of proceedings”55. Recent legal changes in relation to 
the  handling  of  appeal  cases56  started  to  have  positive  effects  in  relation  to  the  length  of 
proceedings57. As stated in the 2022 Rule of Law Report58, the Government  announced the 
preparation of a draft law aimed at  reforming legal  provisions related to the compilation  of 
evidence  procedure.  While  such  a  reform  could  contribute  to  reducing  the  length  of 
proceedings in criminal cases, the preparation of this draft law is delayed. The Government 
established a working group to review the procedures of the Family Courts in their civil and 
criminal jurisdictions59, which could contribute to increasing the efficiency of justice in family 
law cases. The above-mentioned measures could have a positive impact on the efficiency of 
justice in the short term. However, comprehensive actions to address concerns regarding the 
efficiency of justice in all jurisdictions remain to be implemented. Therefore, there has been 
some progress in the implementation of the recommendation made in the 2022 Rule of Law 
Report.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The  institutional  anti-corruption  framework  comprises  several  authorities.  The  Permanent 
Commission  Against  Corruption  (PCAC)  is  responsible  for  corruption  prevention  and  for 
carrying  out  administrative  investigations  into  corrupt  practices.  The  Commissioner  for 
Standards  in  Public  Life  monitors  the  ethics  of  ministers,  parliamentary  secretaries,  and 
members of Parliament. Investigation and prosecution of economic crime, including corruption 
offences and money laundering, fall under the competence of the Police (the Financial Crimes 
Investigation Department) and the Attorney General, respectively. The latter continues to take 
over the prosecution of all offences carrying a conviction of more than 2 years imprisonment, 
including  corruption.  Other  bodies  involved  in  the  fight  against  corruption  are  the 
Ombudsperson office60, the Financial Intelligence Analysis Unit (FIAU) and the Internal Audit 
and Investigations Department (IAID)61. The latter conducts internal audits and investigations 
within all governmental departments and agencies. The Public Service Commission (PSC) is 
responsible for the discipline of civil servants. Malta is not a signatory party to the OECD Anti-
Bribery Convention62. 

54   Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation  for the 2023 Rule of 
Law  Report,  p.  20;  Contribution  from  Repubblika  for  the  2023  Rule  of  Law  Report,  p.  15.  According  to 
information provided by the Government, steps such as the appointment of an additional magistrate to deal 
with domestic violence cases have been taken, aimed to increase the efficiency of dealing with such cases. 

55   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2.  
56   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 8. 
57   Input from Malta for the 2023 Rule of Law Report, p. 7; Information provided by the Association of judges 

and magistrates of Malta and the Chief Justice in the context of the country visit to Malta. 

58   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 8. 
59   Input from Malta for the 2023 Rule of Law Report, p. 17, and information provided by the Government. 
60   As per Part 2 of Act XLII of 2020 introduced two amendments to the Ombudsman Act.  
61   It conducts internal audits and investigations within all governmental departments and agencies. 
62   OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 

Ratification Status. 

8 

 
                                                           
The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high63.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, Malta scores 51/100 and ranks 23 in the European Union and 54 
globally. This perception has been relatively stable64 over the past five years. The 2023 Special 
Eurobarometer on Corruption shows that 92% of respondents consider corruption widespread 
in  their  country  (EU  average  70%)  and  63%  of  respondents  feel  personally  affected  by 
corruption in their daily lives (EU average 24%)65. As regards businesses, 76% of companies 
consider that corruption is widespread (EU average 65%) and 56% consider that corruption is 
a problem when doing business (EU average 35%)66. Furthermore, 15% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 
average 32%)67, while 33% of companies believe that people and businesses caught for bribing 
a senior official are appropriately punished (EU average 30%)68. 

The recommendations focused on anti-corruption that were issued following the public 
inquiry  into  the  assassination  of  journalist  Daphne  Caruana  Galizia69  remain  to  be 
implemented70.  The  public  inquiry’s  recommendations  included  the  adoption  of  legislative 
measures  to  improve  the  asset  declaration  mechanism  aimed  at  avoiding  and  detecting 
unexplained  wealth;  the  strengthening  of  the  codes  of  ethics  for  public  officials  to  further 
prevent  improper  conduct  of public officials  in  the execution of their duties;  and actions to 
improve the protection of whistleblowers. 

The  National  Anti-Fraud  and  Corruption  Strategy  was  updated  on  time,  and  its 
implementation will be monitored on an ad hoc bilateral basis. Last year, the Action Plan 
of the National  Anti-Fraud and Corruption Strategy  (NAFCS)71  was updated72, and the Co-
ordinating  Committee73  for  NAFCS  identified  several  corruption  risks74  through  a  national 

63   Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50)”.   

64   The  score  significantly  increases/decreases  when  it  changes  more  than  five  points;  improves/deteriorates 

(changes between 4-5 points); is relatively stable (changes from 1-3 points) in the last five years.  

65   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

66   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

67  Special Eurobarometer 534 on Corruption (2023).  
68   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
69   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. 
70   Written contribution from the Ministry of Justice in the context of the country visit in Malta. 
71   The Anti-Fraud Policy and Strategy 
72   Following  the  tabling  of  the  National  Anti-Fraud  and  Corruption  Strategy  (NAFCS)  in  parliament  in  May 

2021. Input from Malta for the 2023 Rule of Law Report. 

73   The Co-ordinating Committee responsible to monitor the implementation of the NAFCS was established in 
terms of  Article 23 of the Internal  Audit and Financial Investigations  Act (as per Cap 461 of the Laws of 
Malta). See National Risk Assessment (NRA), page 4. The NRA is foreseen under the recovery and resilience 
plan for Malta, at the Milestone no. 6.11.  

74   Notably corruption in public procurement, unlawful use of information and use of resources, misappropriation 

of funds, conflict of interest and other types of fraud.  

9 

 
                                                           
fraud  and  corruption-risk  assessment,  which  was  published  in  December  202275.  The  Co-
ordinating Committee for NAFCS agreed that ad hoc bilateral meetings will be held between 
the IAID and the respective national authorities76 in order to monitor the mitigating actions 
against the identified risks77. 

Prosecution was launched by the Attorney General office to some cases, showing some 
progress addressing challenges related to high-level corruption cases, while there was no 
progress on establishing a robust track record of final judgments. The 2022 Rule of Law 
Report recommended to Malta to “address challenges related to the length of investigations of 
high-level  corruption  cases,  including  by  establishing  a  robust  track  record  of  final 
judgments”78.  In  2022,  the  Financial  Crime  Investigation  Department  (FCID)  of  the  Police 
investigated 33 cases, including some against former high-level officials79. Last year, around 
19 officers (including the Deputy Commissioner, the superintendent and senior investigators) 
resigned or retired from FCID80, while others were seconded to different departments81. The 
transfer  of  prosecutorial  powers  to  prosecute  cases  of  corruption  initiated  in  2020  from  the 
police force to the Attorney General office continues82, with some initiatives taken to improve 
the capacity of the Attorney General office83. In 2022, the Attorney General Office concluded 
13 cases on financial crimes (with decision not to prosecute84) while 71 cases remain pending 
before the courts85. In February 2023, multi-million public contracts in the health sector were 

75   National Risk Assessment, p. 7. Input from Malta for the 2023 Rule of Law Report, p. 25. Note: the NRA aims 
to: maintain an effective risk-based regime to combat fraud and corruption; prioritise and allocate public sector 
resources efficiently; help National Authorities to assess the adequacy of their controls and strengthen them 
where necessary; increase awareness among the general public; and update the present Action Plan which is 
an integral part of the NAFCS. The NRA was published in December 2022 and is part of the RRP of Malta, 
as per the Annex to the Council Implementing Decision on the approval of the assessment of the recovery and 
resilience plan for Malta, pp. 69-70.  

76   Input from Malta for the 2023 Rule of Law Report. 
77   Input from Malta for the 2023 Rule of Law Report, p. 34. 
78   2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
79   Euronews (2022), John Dalli: Former EU Commissioner pleads not guilty to bribery charges.  
80   In 2021, FCID had personnel of 107 officers. 2022 Rule of Law Report, p. 10. See also Time of Malta (2023), 
Two assistant police chiefs retire amid concerns on increasing workload; Newsbook (2022), Superintendent 
Frank Anthony Tabone quits role; Time of Malta (2022), Financial crimes chief Alexandra Mamo resigns. 

81   Borg (2022), Police’s financial crime department has lost a fifth of its officers in less than a year. 
82   The  transfer  of  prosecutorial  power  over  serious  crimes  (i.e.  crimes  carrying  a  sanction  of  two  years 
imprisonment and above, including corruption) was initiated in October 2020, and  should be completed by 
October 2024, as per the Recovery and resilience plan for Malta, Milestone no. 6.8. For further information 
on  the  actions  taken  by  the  Attorney  General’s  office,  see  above.  Information  received  from  the  Attorney 
General office in the context of the country visit to Malta. 

83   In 2022, the Attorney General office hired 14 lawyers (12 of which were assigned to the prosecution), updated 
the internal standards operating procedures, followed by reorganisation of the office. In February 2023, the 
Attorney General office launched a 5-year Strategic and Operational Plan to improve internal procedures and 
specialization of personnel – see section 1 above. 

84   For different reasons: statutory time limitation; case referred to the EPPO; or because there was no sufficient 
evidence to request a trial. In 2022, there were 11 convictions for financial crimes. Information received from 
the Attorney General office in the context of the country visit to Malta.  

85   18 cases on money laundering, and 53 “mixed cases”, i.e. on money laundering and predicate offence (mostly 
computer  misuse  and  corruption).  Written  contribution  from  Attorney  General  office  in  the  context  of  the 
country visit in Malta. 

10 

 
                                                           
declared null by a civil court86 due to fraudulent acts vitiating the procurement procedure87. A 
magisterial inquiry was initiated into this case88. In 2022, the length of investigations remains 
problematic89  (mainly  due  to  the  lack  of  human  resources90,  including  in  investigative 
magistrates91,  and  insufficient  training92),  and  there  is  no  progress  on  delivering  final 
judgements on high-level cases of corruption93. Civil society associations perceive a regression 
of the anti-corruption frameworks in Malta compared to previous years94. So far, there has been 
some progress on addressing challenges related to the length of investigations of high-level 
corruption cases, and no progress on establishing a robust track record of final judgments, so 
overall some progress on the implementation of the recommendation made in the 2022 Rule of 
Law Report. 

The  capacity  of  the  Permanent  Commission  against  Corruption  to  achieve  tangible 
results remains low. In 2022, the PCAC received two new cases, and closed three previously 
pending  cases  (for  lack  of  evidence),  while  in  2023  one  case  was  closed,  and  two  remain 
pending for further examination95. The PCAC has never challenged a decision by the Attorney 
General not to prosecute a case of corruption96, and it has no case-management system in place 

86   Civil  court,  first  hall,  24  February  2023,  ECLI:MT:CIVP:2023:137268.  Businesses’  attitudes  towards 
corruption  in  the  EU  shows  that  31%  of  companies  in  Malta  (EU  average  26%)  think  that  corruption  has 
prevented them from  winning a public tender or a public procurement contract in practice in the last three 
years, see Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is 5 
percentage points above the EU average. 

87   Times of Malta (2023), As it happened: Court annuls 'fraudulent' hospitals deal in dramatic judgment. 
88   Input from Malta for the 2023 Rule of Law Report. According to Article 4 (Nature of criminal action) of the 
Maltese criminal code: (2) A criminal action is prosecuted ex officio in all cases where the complaint of the 
private  party  is  not  requisite  to  set  the  action  in  motion  or  where  the  law  does  not  expressly  leave  the 
prosecution of the action to a private party. 

89   Also due to the expiry of the statute of limitations on corruption. Input from the Repubblika for the 2023 Rule 
of Law Report, p. 19. Police investigations are known to have taken up to five years. 2022 Rule of Law Report, 
Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  10.  The  expiry  of  the  statute  of  limitations  on 
corruption (Input from the Repubblika for the 2023 Rule of Law Report, p. 19). 

90   The  limited  personnel  to  adjudicate  corruption  cases  is  a  serious  concern  according  to  the  Chief  Justice.  

Newsbook (2022), Chief Justice says delays and lack of resources scarring justice system.  

91   There is a severe lack of resources of qualified  magistrates, to work on criminal cases, including those on 
corruption. On average, each judge is assigned 200 new cases per year, which add to the cases received in 
previous  years.  Investigation  magistrates  often  appoint  private  experts  (including  foreign  experienced 
professionals), which can take a considerable time to produce expert opinion. Investigations are pending until 
the prosecutor decides to close the investigations or bring the case to Court. 2022 Rule of Law Report, Country 
Chapter on the rule of law situation in Malta, p. 11.  

92   The FCID faces a challenge in retaining trained officers, which may be hired for higher salaries by private 
companies or other public bodies. Information received from the Police in the context of the country visit to 
Malta.  

93   No information on  final judgements  on  high-level cases of corruption is available. Statistics on judgments 
concerning corruption cases are complicated by the fact that judgments are published (online at eCourts) with 
no indication on the type of crime.  

94   Information received from the Daphne Caruana Galizia Foundation, the Repubblika and Aditus Foundation in 

the context of the country visit to Malta. 

95   Closed cases continue to be sent to the Minister of Justice for information, and to the Attorney General office. 
No cases of whistleblowing were received in 2022. Information received from the PCAC in the context of the 
country visit to Malta. 

96   Information received from the PCAC in the context of the country visit to Malta. In case the Attorney General 
decides not to prosecute, the PCAC (in addition to the Ombudsperson office, the Commissioner for Standards 
of Public Life and the Auditor General) may challenge that decision, as per Act No. XLI of 2020 [former Bill 
No. 154]. In line with the RRP, a milestone on this subject is foreseen to be implemented by the end of 2024. 

11 

 
                                                           
yet97. The mandate of two PCAC Commissioners (out of three) expired on 25 January 202398, 
and  they  have  been  re-appointed99.  For  the  current  year,  there  is  no  immediate  plan  to  hire 
specialised full-time staff or procure technical  tools  in  order to  accelerate the detection and 
examination of cases100. In 2022, the Permanent Commission against Corruption had limited 
resources  and  has  not  shown  tangible  results  in  its  work.  Therefore,  the  serious  challenges 
concerning the detection and inquiry of corruption cases remain unresolved101.  In line with the 
Malta’s  RRP,  a  budgetary  and  human  resources  plan  drawn  up  by  the  PCAC,  as  well  as  a 
number of operational reforms, are expected to be implemented by the end of 2024102.  

Several  initiatives  aimed  at  increasing  the  integrity  in  the  public  service  have  been 
launched  and  additional  resources  allocated.  In  2022,  the  Public  Service  Commission, 
increased its personnel and budget103, and adopted a new case-management system to improve 
its  performance104.  In  2022,  the  Commission  issued  disciplinary  sanctions105  and  delivered 
specific integrity training to civil servants106. The Institute for Public services is developing an 
online  training  on  public  integrity107.  Last  year,  the  Government  started  drafting  guidelines 
aimed at promoting integrity in the public sector108. The Police recruits go through a 6-month 

The review shall assess the effects of Act XLI of 2020 and whether an appeal against non-prosecution by the 
Attorney General or the Police should also be made possible. 2022 Rule of Law Reports, Country Chapter on 
the rule of law situation in Malta, p. 11. According to the PCAC, it had no ground to challenge a decision by 
the Attorney General not to prosecute a case of corruption, due to the fact, that the cases which the PCAC sent 
to the Attorney General did not reveal any corrupt practice. Information received from the PCAC in the context 
of the country visit to Malta. 

97   Information received from the PCAC in the context of the country visit to Malta. In line with the Malta’s RRP 
(milestone  6.17)  A  digital  registry  shall  be  created  to  collect  information  on  corruption  cases, 
actions/procedures in order to enhance the efficiency of the PCAC’s operations and to support the work of 
other public authorities on matters falling within the PCAC’s remit, with deadline the last quarter of 2024. 
Annex to the Council Implementing Decision on the approval of the assessment of the recovery and resilience 
plan for Malta. 

98   By law, the Chiefs of public institutions whose mandate expired must remain in office until a new Chief is 
appointed (except in case of resignation before the term of office expires). 2022 Rule of Law Report, Country 
Chapter on the rule of law situation in Malta, p. 12. The mandate of the third Commissioner of the PCAC ends 
in September 2024. Information received from the PCAC in the context of the country visit to Malta. 

99   Input from Malta for the 2023 Rule of Law Report. 
100  The  PCAC  remains  staffed  with  three  part-time  Commissioners,  supported  by  one  administrative  officer. 

Information received from the PCAC in the context of the country visit to Malta.  
101  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 10.  
102  Annex to the Council Implementing Decision on the approval of the assessment of the recovery and resilience 
plan for Malta, pp. 69-70. 2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 
10. 

103  4 officers  were  hired to focus on compliance,  with  the  plan to  3 additional officers in the course  of 2023. 

Information received from the Public Service Commission in the context of the country visit to Malta. 

104  In 2022, the Commission assessed 70 selection processes for public administrators, while no such checks were 
performed  in  the  previous  years.  Written  contribution  received  by  the  Public  Service  Commission  in  the 
context of the country visit to Malta. 

105  The disciplinary sanctions were: 28 temporary suspensions, three dismissals, five forfeiture of salaries, and a 
number  of  other  minor  reprimands.  Approximately  80  integrity  cases  were  resolved  internally  by  public 
entities. Written contribution received by the Public Service Commission in the context of the country visit to 
Malta. 

106  Information received from the Public Service Commission in the context of the country visit to Malta. 
107  Input from Malta for the 2023 Rule of Law Report, p. 34. 
108  In  light  of  the  strategy  for  the  public  service  launched  in  2021,  an  Integrity  Training  and  Assessment 
Programme is expected to become mandatory for all high-rank positions (such as officers appointed through 

12 

 
                                                           
training109,  which  includes  ethics  amongst  other  subjects110.  In  2022,  the  Police  Evaluation 
Board111 treated 98 demands for outside activities (compared to 323 in 2021112). In 2022, 17 
anonymous complaints were filed against police officers, with none concerning corruption113. 
The Professional Standards Office (with a staff of 11 officials) treated 467 cases (compared to 
440 in 2021114), and the Police Disciplinary Appeals Board issued 156 decisions115.  

Ethics rules for high-ranking officials are under review, and concerns were raised on the 
modified procedure to appoint the Commissioner for Standards in Public Life. Following 
a  decision  to  lower  the  required  appointing  majority116,  in  March  2023  the  Parliament 
appointed the new Commissioner. According to the Government, this new procedure is aimed 
to establish an anti-deadlock mechanism in case that the required majority in Parliament is not 
obtained.  However,  the  decision  to  change  the  appointing  procedure  does  not  reflect 
international standards promoting the inclusion of parliamentary minorities in the appointment 
of chief figures responsible for public integrity117. In the second half of 2022, two inquiries 
were carried out by the office of the Commissioner118, and media indicate allegations of post-
mandate conflict of interests for former high-executives and members of the Parliament119. The 
concerns previously raised by both the Venice Commission and the Group of States against 
Corruption (GRECO) on the number and duration of positions for persons of trust, as well as 
on  the  effective  control  on  the  ethics  of  persons  of  trust,  remain  unaddressed120.  The 
verification  launched  by  the  Commissioner’s  office  into  asset  declarations  of  members  of 

Senior Advisory Appointments Committee, and leadership candidates, including officials at Director Generals 
levels). Input from Malta for the 2023 Rule of Law Report, pp. 34-35. 

109  The police in Malta counts 2 300 officers, with an annual budget of 90 million EUR (87% of which is spent 
on salaries). In 2022, there were 56 new recruitments, including 26 part-time officers. Information received 
from the Police in the context of the country visit to Malta. 

110  For  the  Police,  a  theory-in-service  training,  including  classes  on  financial  crime,  was  delivered  between 
September and December 2022, to 152 officers. Input from Malta for the 2023 Rule of Law Report, p. 36. 

111  Appointed by the Police Commissioner. 
112  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11. 
113  Written contribution from the Police in the context of the country visit in Malta. 
114  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11. 
115  Input from Malta for the 2023 Rule of Law Report, p. 24. 
116  The simple majority, instead of two-thirds, was introduced, through an ‘anti-deadlock rule’, approved at the 

end of 2022, Times of Malta.  

117  Mutatis mutandis, the principle 4 of the UNODC Jakarta Statement on Principles for Anti-Corruption Agencies 
of 2012 indicates that ‘Anti-Corruption Agencies’ heads shall be appointed through a process that ensures his 
or  her  apolitical  stance,  impartiality,  neutrality,  integrity  and  competence’.  The  UNODC  Colombo 
commentary further clarifies that ‘Good practice also suggests that the anti-corruption agency head should be 
recommended and/or endorsed by both the ruling and opposition parties. The involvement of the opposition 
in selecting the head of an anti-corruption agency reinforces its objectivity and impartiality, as the agency will 
not exercise bias in favour of the ruling majority.’ Additionally, as per Venice Commission, ‘Parameters On 
The Relationship Between The Parliamentary Majority And The Opposition In A Democracy: A Checklist’, 
‘appointments to certain top positions outside the Government or to independent collegial bodies and agencies 
need to be depoliticised. Therefore, the procedure of selection, nomination and appointment should be, to the 
maximum extent possible, based on a cross-party consensus. At least, mechanisms should be in place which 
would reduce the dominance of the parliamentary majority within such collective bodies or limit the relevance 
of the affiliation of the office-holders with the governing party or a coalition’. 

118  Case reports by the Commissioner for Standards in Public Life.  
119  Times of Malta (2022), Watch: Joseph Muscat on major developer´s payroll soon after resignation; Times of 

Malta (2022), Former PN MP Kristy Debono gets government appointment. 

120  GRECO (2022), Fifth Evaluation Round – Compliance Report, pp. 5-7. 2022 Rule of Law Report, Country 

Chapter on the rule of law situation in Malta, pp. 12-13. 

13 

 
                                                           
Parliament  remains  pending121.  The  Commissioner  for  Standards  in  Public  Life  office 
continues  to  publish  online  its  annual  activity  reports122.  In  2022,  four  reviews  were 
published123 (with a series  of recommendations) concerning 1) the Standards  in  Public  Life 
Act124,  2)  the  Office  of  the  Commissioner  for  Standards  in  Public  Life125,  3)  the  Lobbying 
Framework126,  and  4)  the  Codes  of  Ethics  for  Ministers,  Parliamentary  Secretaries127  and 
Members of the House of Representatives128. The Government is awaiting the publication of a 
fifth  review  (on  asset  and  interest  declarations,  expected  in  the  course  of  2023),  to  initiate 
actions for the implementation of all the relevant recommendations129. 

Some  concerns  exist  regarding  the  transparency  of  the  results  of  audits,  notably  as 
regards the funding of political parties. In 2022, the National Audit Office (NAO) completed 
63 audits (compared to  58  in 2021),  with no detection of corruption130. The  IAID  conducts 
internal  audits and investigations within all  governmental departments  and agencies131. The 
IAID is  composed of 24 full-time employees, with a budget of around EUR 2.5 million for 
2023132. The information concerning the number, type and results of the operations carried out 

121  Due to the general election of March 2022, the Commissioner’s office did not receive the declarations of assets 
of both Members of Parliament and Ministers for the year 2021. Similarly, the Commissioner’s office did not 
receive income tax statements from Parliamentarians for the year 2020. 

122  Case reports by the Commissioner for Standards in Public Life. 
123  Under the project ‘Improving the integrity and transparency framework in Malta’, implemented by the OECD. 

2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 13.  

124  The  recommendations  include:  prohibit  secondary  employment;  clearer  definition  of  ‘persons  of  trust’; 
appointments based on merit; improve Commissioner’s power to investigate; add the role of the Commissioner 
in the Constitution; improve Commissioner’s appointment procedure; revise the timeframes for complaints; 
allow for anonymous complaints, and enable the Commissioner to grant whistleblower protection; include lay 
members  in  the  Committee  for  Standards.  OECD  (2022),  Review  of  the  Standards  in  Public  Life  Act: 
Recommendations for strengthening the integrity framework for elected and appointed officials.  

125  The  recommendations  include:  strengthening  accessibility  for  complainants;  use  merit-based  recruitment; 
ensure appropriate resources. OECD (2022), Organisational Review of the office  of the  Commissioner  for 
Standards in Public Life of Malta: Recommendations for strengthening the institutional and procedural set-up. 
126  The recommendations pointed at the adoption of a lobbying regulation, with a strong definition of lobbyist, 
registers  for  recording  information,  a  code  of  conduct,  whose  implementation  would  be  tasked  to  the 
Commissioner  for Standards in Public  Life. OECD (2022), Review of the  Lobbying  Framework in Malta: 
Recommendations for improving transparency and integrity in lobbying. 

127  The recommendations pointed at ensuring relevant definitions were added in the new Code of conduct, for 
incompatibilities, gifts, benefits, hospitality, and sanctions. OECD (2022), Review of the Codes of Ethics for 
Ministers, Parliamentary Secretaries and Members of the  House of  Representatives: Recommendations for 
improving the Codes. 

128  The recommendations pointed at establishing incompatibilities. OECD (2022), Review of the Codes of Ethics 
for Ministers, Parliamentary Secretaries and Members of the House of Representatives: Recommendations for 
improving the Codes. 

129  Written contribution from the Ministry of Justice in the context of the country visit in Malta. 
130  Among  the  63  audits,  36  were  compliance  audits,  6  performance  audits  and  15  follow  up  audits.  Written 

contribution received by the NAO in the context of the country visit to Malta. 

131  The  director  of  IAID  also  holds  the  chair  of  the  Coordinating  Committee  responsible  to  monitor  the 
implementation of the National Anti-Fraud and Corruption Strategy (NAFCS). As per article 23 of Chapter 
461 of the Laws of Malta, Internal Audit and Financial Investigations Act. 

132  Written contribution from the Internal Audit and Investigations Department in the context of the country visit 

in Malta. 

14 

 
                                                           
by the Internal Audit and Investigations Department are not public133. The audit reports post-
2019 on the funds of political parties (including statement of accounts and donation reports) 
remain unpublished on the website of the Electoral Commission134. There are indications of 
major political parties possibly bypassing rules of party funding135. There is no information 
available on the results of the investigation into the misuse of public funds by a political party 
that was launched in early 2022 by the Commissioner for Standards in Public Life’s office136. 
Media indicate the use of direct awarding of public contracts beyond the legal threshold (of 
EUR 135 000137) benefitting current or former Government executives138.  

New  info-tools  on  the  functioning  of  whistleblowing  procedures  are  available.  Data 
gathering  in  view  of  the  creation  of  a  database  on  whistleblowing,  in  line  with  the  Malta’s 
Recovery  and  Resilience  Plan,  is  ongoing139.  In  2022,  an  info-line  and  a  webpage  were 
launched by the Government, in order to provide information on whistleblowing procedures140. 
Since  2013  whistleblower  protection  status  has  been  granted  only  once,  and  there  is  no 
obligation for authorities to follow-up and examine anonymous disclosures141. The police force 
has incorporated a reporting mechanism in its Malta Police Transformation Strategy of 2020-
2025142. The number or type of whistleblowing reports on corruption received or investigated 
by the police is not available143. 

Malta's  investor  citizenship  scheme  continues  to  raise  serious  concerns.  The  European 
Commission has frequently raised its serious concerns about the incompatibility with EU law 
of  investor  citizenship  schemes  in  light  of  EU  citizenship  and  the  principle  of  sincere 

133  As per article 22 (2) of the Internal Audit and Financial Investigations (IAFI) Act (Chapter 461 of the Laws 
of Malta). Written contribution from the Internal Audit and Investigations Department in the context of the 
country visit in Malta. 

134  Electoral  Commission  of  Malta  webpage.  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 

situation in Malta, p. 13. 

135  The Shift News (2022), Electoral Commission lacks political will, resources to regulate campaign financing – 

OSCE; OSCE/ODIHR (2022), Early Parliamentary Elections of 26 March 2022. 

136  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 13. Information on the 
competence and activity reports of the Commissioner for Standards in Public Life (“the Commissioner”) is 
available at the official webpage https://standardscommissioner.com/the-role-of-the-commissioner/.  

137  Direct orders should in no case be used for public contracts above EUR 135.000. See the Directorate Policy 
Development and Programme Implementation Procurement Policy, Note #32, Direct Orders below the local 
threshold, issued on 19 June 2017. 

138  Times of Malta (2022), Medical supplier in hospitals probe tops government ´direct orders´ list; Lovin Malta 
(2022), Maltese Ministers refuse to provide list of direct orders in parliamentary questions; Times of Malta 
(2022), Over EUR 12 million in contracts for transport authority advisors since 2018. 

139  Recovery and resilience plan for Malta, Milestone no. 6.14.  
140  The info-line and the  website are purely informative, and do not represent a channel for whistleblowers to 
submit reports on corruption. Information received from the Ministry of Justice in the context of the country 
visit to Malta. 

141 This is not a requirement under the Directive (EU) 2019/1937 of the European Parliament and of the Council 
of 23 October 2019 on the protection of persons who report breaches of Union law.  Input from the Daphne 
Caruana Galizia Foundation, and Aditus Foundation for the 2023 Rule of Law Report, p. 27. Input from the 
Repubblika for the 2023 Rule of Law Report, p. 18. 

142  Malta Police Transformation Strategy 2020-2025, September 2020, p.25. 
143 This is not a requirement under the Directive (EU) 2019/1937 of the European Parliament and of the Council 
of 23 October 2019 on the protection of persons who report breaches of Union law. Input from the Daphne 
Caruana Galizia Foundation, and Aditus Foundation for the 2023 Rule of Law Report, p. 27. 

15 

 
                                                           
cooperation. As noted in the 2021 and 2022 Rule of Law Reports144, the Commission considers 
that Malta should repeal its investor citizenship (‘golden passport’) scheme145. In September 
2022, the European Commission decided to refer Malta to the Court of Justice of the European 
Union  for  its  investor  citizenship  scheme.  The  referral  took  place  in  March  2023  and  the 
procedure is still ongoing146. Such schemes also present inherent risks of corruption147. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Freedom of expression is enshrined in the Constitution of Malta148, as well as in the European 
Convention Act. The Media and Defamation Act of 14 May 2018 regulates defamation and the 
protection of journalistic sources. The Constitution sets out the composition, appointment and 
removal procedures and independence of the Broadcasting Authority and lays down its basic 
functions149. The Freedom of Information Act establishes the legal framework for access to 
information held by public authorities150.  

While  the  ongoing  media  reform  process  means  that  there  has  been  some  progress  to 
improve the working environment of journalists, no measures have been adopted. The 
2022  Rule  of  Law  Report  recommended  to  Malta  to  “advance  with  the  introduction  of 
legislative and other safeguards to improve the working environment of journalists, taking into 
account  European  standards  on  the  protection  of  journalists”151.  The  media  reform  process 
launched by the Government following the publication of the report of the Daphne Caruana 
Galizia public inquiry is still ongoing. The Committee of Experts on Media152, established in 
January 2022153, was given two tasks, namely: (1) to analyse the journalism and media sector 
in  the  light  of  the  conclusions  of  the  public  inquiry  and,  separately,  (2)  to  examine  draft 
legislation prepared by the Government which would amend the Media and Defamation Act, 
the Criminal Code, the Code of Organisation and Criminal Procedure and the Constitution154. 
In June 2022, the Committee of Experts concluded its work on the second part of its remit and 
handed its report on the matter to the Government155. Concerns were raised by international 

144 2021 and 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Malta, pp. 12 and 14, 

respectively. 

145 Based on Commission Recommendation (C(2022) 2028 final) on immediate steps in the context of the Russian 
invasion  of  Ukraine  in  relation  to  investor  citizenship  schemes  and  investor  residence  schemes,  Malta 
withdrew its citizenship from two investors in 2022. 

146 The Court referral took place on 21 March 2023. Court of Justice of the European Union, Case C-181/23.  
147 EU Commission's report of January 2019, the Commission has been monitoring wider issues of compliance 

with EU law raised by investor citizenship schemes. 

148  Article 41 of the Constitution. 
149  Articles 118 and 119 of the Constitution. 
150  Malta ranks 84th in the 2023 Reporters without Borders World Press Freedom Index compared to 78 th the 

previous year. 

151  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
152  Establishment of a Committee of Experts on Media, Government of Malta, 3 January 2022.  
153  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 15-16. 
154  Bills 17 – 19 of 2021. See 2022 Rule of law report, Country Chapter on Malta, p. 16. 
155  According to the 2023 Media Pluralism Monitor report on Malta a ‘scanned copy’ of this report was eventually 
made  available  by  the  Committee  of  Media  Experts,  around  3  months  after  its  submission  to  the  Prime 
Minister.   

16 

 
                                                           
organisations156, civil society157, NGOs158 as well as by the two members of the Institute of 
Maltese Journalists sitting on the Committee of Experts159 with regard to various aspects of the 
process.  These  concerns  included  the  Government’s  failure  to  publish  the  Committee  of 
Experts’ above-mentioned report in line with the relevant terms of reference160 and to ensure 
widespread  public  consultation  throughout  the  process.  As  a  result,  in  October  2022,  the 
Government acceded to requests for additional consultation being organised by the Committee 
of  Experts  and  announced  that  it  was  putting  on  hold  the  legislative  process  related  to  the 
above-mentioned draft bills161. The Committee subsequently convened a national conference 
for  this  purpose  in  February  2023.  Consequently,  to  date,  the  only  public  inquiry 
recommendation  which  has  been  implemented  is  the  establishment  of  the  above-mentioned 
Committee  of  Experts  and  its  ongoing  work  and  no  other  measures  have  been  adopted. 
Throughout its report on Malta, the 2023 Media Pluralism Monitor (MPM) refers to the above-
mentioned process and deficiencies therein162.  Therefore, there has been some progress in the 
implementation of the recommendation made in the 2022 Rule of Law Report. 

While  there  have  been  no  developments  with  regard  to  the  legislative  framework 
establishing the Broadcasting Authority,  a constitutional  court ruling has clarified  the 
nature of the authority’s watchdog role. In February 2023, the Constitutional Court ruled on 
the Broadcasting Authority’s monitoring and watchdog role in response to the public service 
broadcaster’s  previously  proven  lack  of  impartiality  with  regard  to  certain  news  items 
concerning  matters  of  political  controversy  and  public  interest163.  The  Constitutional  Court 
emphasised that the Broadcasting Authority has a constitutional duty to, ex officio, proactively 
and expeditiously ensure impartiality in broadcasting, in particular in cases of ‘unbalanced and 
propagandistic’  news  reports  previously  broadcast  by  the  public  broadcaster164.  The 
Constitutional Court made it clear that the Broadcasting Authority should not only rely on the 
lodging of complaints by aggrieved individuals to ensure impartiality in broadcasting.  

There have been no developments with regard to media ownership transparency and a 
legal framework for transparent state advertising remains lacking. While Malta possesses 
a  beneficial  ownership  register,  there  are  no  specific  obligations  relating  to  beneficial 
ownership  in  Maltese  media  law  which  would  require  media  companies  to  publish  their 
ownership structures on their website or in records and documents that are accessible to the 
public, that go beyond the obligations to list the company directors and shareholding stipulated 
in the Companies Act165 and the Media and Defamation Act which stipulates that editors and 

156  Commissioner for Human Rights of the Council of Europe letter to the Prime Minister published on 6 October 
2022  and  OSCE  Representative  on  Freedom  of  the  Media  visit  to  Malta  9  to  11  November  2022  (OSCE 
Representative on Freedom of the Media concludes visit to Malta).  

157  Letter to the Prime Minister of Malta, 20 September 2022.  
158  Contributions of the Daphne Caruana Galizia Foundation, Aditus Foundation, Repubblika and the Committee 

to Protect Journalists (Malta) for the 2023 Rule of Law Report. 

159  Information received from the Institute of Maltese Journalists in the context of the country visit to Malta.   
160  See Establishment of a Committee of Experts on Media: “The recommendations will be presented to the Prime 

Minister, who will be bound to table a copy thereof in Parliament in 10 days”. 

161  Letter from the Prime Minister dated 13 October 2022 addressed to the Chairman of the Committee of Experts 

on Media. 

162  Media Pluralism Monitor 2023 report on Malta, in particular pp. 13-16. 
163  Partit Nazzjonalista vs. Awtorita tax-Xandir et – Rikors Kostituzzjonali 73/2022/1 1 of 27 February 2023.  
164  Paragraph 20 of the judgement.  
165  2020, 2021 and 2022 Rule of law reports, Country Chapter Malta.  

17 

 
                                                           
publishers shall submit relevant details to the Media Registrar166. While the Commissioner for 
Standards in Public Life adopted a set of guidelines on government advertising and promotional 
material, the lack of a legal framework regulating state advertising continues to provide room 
for  abuse167,  MPM  2023  confirms  that  “information  about  the  allocation  of  indirect  state 
subsidies for media outlets by Government, in the form of advertising or sponsorship is not 
publicly  available  and  there  is  no  legislation  that  regulates  the  process”  maintaining  an 
unchanged  medium  risk  score  for  this  area168.  There  is  no  legislation  in  Malta  pertaining 
specifically  to  concentration  or  mergers  in  the  media  market  and  neither  the  Broadcasting 
Authority nor the responsible minister may override mergers and acquisitions in this domain. 
Given the particular nature of the Maltese media market169, the lack of cross-ownership rules 
and the general lack of available data relating to revenue market share, the MPM considers 
market plurality to be an area of very high risk170.   

There has been no progress with regard to improving access to official documents. The 
2022  Rule  of  Law  Report  recommended  to  Malta  to  “advance  with  the  introduction  of 
legislative  and  other  safeguards  to  improve  […]  access  to  official  documents,  taking  into 
account  European  standards  on  the  protection  of  journalists”171.  The  review  of  the  legal 
framework  enabling  access  to  information  held  by  public  authorities  remains  pending.  The 
Institute  of  Maltese  Journalists  (IGM)172,  several  NGOs  and  MPM  2023  have  reported  that 
journalists have continued to consistently encounter difficulties when requesting such access, 
due to numerous rejections, significant delays, absence of reply and multiple appeals instituted 
by the Government against decisions by the Information and Data Protection Commissioner 
and the Appeals Tribunal granting access173. In the meantime, the Government review of the 
matter remains pending and has not made public any documents related to the matter174. For 
these reasons MPM 2023 has maintained its relatively high medium risk score (61%) for this 
area175. There has thus been no progress in the implementation of the recommendation made 
in the 2022 Rule of Law Report. 

There  has  been  no  progress  on  enhancing  the  independent  governance  and  editorial 
independence of public service media. The 2022 Rule of Law Report recommended to Malta 
to “strengthen the rules and mechanisms to enhance the independent governance and editorial 
independence of public service media taking into account European standards on public service 
media”176. The MPM has consistently considered the lack of independence of public service 
governance and its funding to be an area presenting very high risk in Malta, a state of affairs it 
confirms again this year stating that “there has been no change in the direct manner in which 

166  Chapter 579 of the Laws of Malta, Article 19.   
167  2021 and 2022 Rule of law reports, Country Chapter on Malta. 
168  Media Pluralism Monitor 2023 report on Malta, p. 24. 
169  2020, 2021 and 2022 Rule of law reports, Country Chapter Malta.  
170  Media Pluralism Monitor 2023 report on Malta, p. 19.  
171  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
172  Information received from the Institute of Maltese Journalists in the context of the country visit to Malta. 
173 Contributions from the Committee to Protect Journalists (Malta), the Daphne Caruana Galizia Foundation for 
the 2023 Rule of Law Report and The Shift News (2022), Government rushes to appeals court as The Shift 
wins more FOI tribunal cases.  

174  The  legal  analysis  contracted  by  the  Government  to  a  private  law  firm  for  the  purposes  of  reforming  the 
Freedom of Information Act was submitted in 2021. This legal analysis is now the subject of a freedom of 
information request filed by media outlet The Shift News.  
175   Media Pluralism Monitor 2023 report on Malta, pp. 14-15. 
176  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 

18 

 
                                                           
PSM members of its Board of Directors, its Editorial Board and key decision-making personnel 
are  appointed  by  the  State,  meaning  that  the  government  continues  to  have  significant  and 
direct influence on PSM structures” providing examples of political control via the affiliation 
of key decision-makers involved in the management and editorial decision-making of Public 
Broadcasting Services  (PBS)177. This  state of affairs has been confirmed by stakeholders in 
detailed submissions on the matter178. In September 2022, PBS adopted a set of internal ethics 
guidelines addressed to “all the news staff who work directly with the preparation of content” 
whose central aim appears to be ensuring the impartiality of PBS staff179. These guidelines do 
not,  however,  have  any  bearing  on  PBS  governance  or  functional  independence  from  the 
Government. There has thus been no progress in the implementation of the recommendation 
made in the 2022 Rule of Law Report180. 

Journalists continue to face challenges in the exercise of their profession181. This has been 
confirmed by journalists, the Institute of Maltese Journalists as well as several NGOs182 and 
MPM 2023 maintains its medium risk score for this area also referring to the stalled reform 
process183. The Council of Europe Platform to promote the protection of journalism and the 
safety  of  journalists  reported  one  new  alert184  relating  to  the  safety  of  journalists  since  the 
publication of the last rule of law report, namely the intimidation of a journalist by the health 
operator involved in the above-mentioned public contract185.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Malta  is  a  Parliamentary  Republic  where  legislative  power  is  vested  in  the  House  of 
Representatives, a unicameral Parliament elected for a five-year term. The executive authority 
is  vested  in  the  President  elected  by  Parliament,  and  in  the  Cabinet  headed  by  the  Prime 
Minister.  All  Government  ministers,  including  the  Prime  Minister,  must  be  members  of 
Parliament.  The  Constitutional  Court  carries  out  ex  post  constitutional  review  as  it  hears 
appeals  from  decisions  of  other  courts  on  questions  relating  to  the  interpretation  of  the 
Constitution and on the validity of laws, as well as appeals from decisions on alleged breaches 
of  fundamental  human  rights.  The  Constitution  establishes  a  number  of  independent 
authorities, including the Office of the Ombudsperson186. 

The  lack  of  a  formalised  process  for  public  participation  in  the  legislative  process 
continues to raise concerns. As referred to in previous Rule of Law Reports, there are no rules 

177   Media Pluralism Monitor 2023 report on Malta, pp. 24-25. 
178  Contributions of the Daphne Caruana Galizia Foundation and Repubblika for the 2023 Rule of Law Report. 
179  PBS Ethics Guidelines for Staff Members (September 2022). 
180  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 45% of respondents 

in Malta stated that they trust public TV and radio stations, below the EU average of 49%. 

181  On  14  October  2022,  following  guilty  pleas,  Malta’s  Criminal  Court  sentenced  two  more  hitmen  in  the 
assassination of Daphne Caruana Galizia to forty years imprisonment. Legal proceedings against the suspected 
bomb suppliers as well as an alleged mastermind behind the assassination remain pending. 

182  Contributions of the Daphne Caruana Galizia Foundation, Aditus Foundation, Repubblika and the Committee 

to Protect Journalists (Malta) for the 2023 Rule of Law Report.  

183  Media Pluralism Monitor 2023 report on Malta, p. 15. 
184 Council of Europe, Platform to promote the protection of journalism and safety of journalists. The government 
condemned this incident stating that: “It is unacceptable for a journalist to be threatened with being reported 
to the government for investigation”. 

185  See Chapter II, above.  
186  Article 64 of the Constitution. 

19 

 
                                                           
or  guidelines  on  public  participation  on  the  drafting  of  legislation187.  Consultations 
occasionally take place, but they are subject to the discretion of the Ministry in charge of the 
preparation of the initiative, and are inconsistent between Ministries as regards timing, format, 
and involvement of stakeholders188. Stakeholders may be invited to meetings of Parliamentary 
Committees  to  present  their  views  during  the  committee  stage  of  the  legislative  process. 
However, this practice is subject to a decision by each Committee and is not systematic nor 
governed by clear rules189. Stakeholders have continued190 to raise concerns regarding the lack 
of  a  formalised  process  for  public  participation,  claiming  that  calls  for  public  consultation 
ahead of anticipated legislation are not considered191. Moreover, stakeholders have pointed out 
that the time between the tabling of a proposal and its discussion in Parliament is often very 
limited,  reducing  the  possibility  of  Members  of  Parliament  to  add  any  significant  value  to 
legislative debates192. The increased use of legal notices193 has also been raised as a concern by 
some stakeholders194.  

The establishment of a Human Rights and Equality Commission remains pending.  The 
2022 Rule of Law Report recommended to Malta to “re-launch efforts to establish a National 
Human  Rights  Institution  taking  into  account  the  UN  Paris  Principles”195.  A  proposal  to 
establish a national human rights institution which was tabled in Parliament in 2019 196, lapsed 
with the end of the previous parliamentary term in 2022. The Government has announced its 
intention to table a new Human Rights and Equality Commission Bill in line with the UN Paris 
Principles197 but the proposal has not yet been tabled in Parliament. So far, there has been no 
progress in the implementation of the recommendation made in the 2022 Rule of Law Report. 

A new Ombudsperson has been appointed. The term of office of the Ombudsperson expired 
on 16 March 2021. Until the new appointment, the former Ombudsperson continued exercising 
his duties in a caretaker mode198. In this context, the former Ombudsperson expressed concerns 
over the failure to reach consensus on the appointment of persons in high office199. Discussions 
have also taken place about the risk that the lack of political will to reach agreement could lead 

187  2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Malta, p. 19.  

188  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 19; Information received 

from the Secretariat of the Parliament in the context of the country visit to Malta. 

189  Ibid.  
190  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 19. 
191  Contribution from Repubblika for the 2023 Rule of Law Report, p. 24.; information by the Daphne Caruana 

Galizia Foundation and Aditus Foundation in the context of the country visit to Malta. 

192  Contribution from Repubblika for the 2023 Rule of Law Report, p. 24.; information provided by Repubblika, 
Daphne Caruana Galizia Foundation and Aditus Foundation in the context of the country visit to Malta. 
193  Legal  notices  are  pieces  of  legislation  prepared  by  Ministries  or  other  public  bodies,  in  cases  where  the 
Parliament has delegated powers to make subsidiary legislation within the sphere of authority delegated to 
them.  

194  Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of 

Law Report, p. 18. 

195  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
196  Ibid, p. 20. 
197  Input from Malta for the 2023 Rule of Law Report, p. 49. 
198  The Ombudsman Act (Act XXI of 1995) provides that unless the Office of the Ombudsperson becomes vacant 
before the expiry of the Ombudsperson’s term, the person appointed as Ombudsperson shall hold office until 
a successor is appointed. 

199  Ombudsplan Report 2023, tabled in Parliament on 4 October 2022.  

20 

 
                                                           
to deadlocks paralysing the functioning of constitutional bodies200. The former Ombudsperson 
has stated that the fact that the mechanism of appointment is provided in the Constitution and 
can only be amended by a law that obtains the approval of a qualified majority of two-thirds of 
Members of Parliament has proved to be a vital safeguard, in contrast with the appointment of 
other bodies such as the Commissioner of Standards in Public Life201. The Venice Commission 
stressed the importance of providing for qualified majorities for appointments of members of 
constitutional  institutions  but  has  also  warned  about  the  risk  of  stalemates  and  has 
recommended to devise effective and solid mechanisms to minimise the risk of deadlocks202. 
A new Ombudsperson was appointed on 6 March 2023.  

The Constitutional Convention announced in 2019, which is to contribute to addressing 
concerns regarding the appointment of constitutional bodies and the role of Parliament, 
remains on hold without a clear calendar for its works. The Constitutional Convention that 
was announced in 2019 has remained on hold since 2020203, with the President announcing its 
intention  to  launch  the  Constitutional  Convention  as  soon  as  the  pandemic  situation 
permitted204. However, a timeline for the launch and finalisation of the Convention has not yet 
been  presented.  The  Convention  is  expected  to  address  important  concerns  regarding  the 
appointment  procedures  of  bodies  such  as  the  Electoral  Commission,  the  Public  Service 
Commission, the Broadcasting Authority 205, the Central Bank of Malta and the Information 
and Data Protection Commissioner 206. Moreover, the Convention is also meant to reflect on 
the  role  of  the  Parliament,  which  the  Venice  Commission  has  considered  to  be  in  need  of 
strengthening in order to be able to exert an effective check on Government 207.  

On 1 January 2023, Malta had 15 leading judgments of the European Court of Human 
Rights pending implementation, an increase of two compared to the previous year. At that 
time, Malta’s rate of leading judgments from the past 10 years that remained pending was at 
45% (the same number as in 2022) and the average time that the judgments had been pending 
implementation was 5 years and 4 months (compared to 5 years and 1 month in 2022)208. The 
oldest leading judgment, pending implementation for 16 years, concerns the disproportionate 

200  Ibid. 
201  See Section II. Anticorruption framework.  
202  Venice  Commission  (CDL-AD(2018)015-f),  para.  12.  Anti-deadlock  mechanisms  have  to  discourage  the 
opposition  from  behaving  irresponsibly  but  should  not  create  opportunities  for  the  majority  by  impossible 
proposals to lead to the necessity for the application of such mechanisms. This is why they should be limited 
in time and, while avoiding permanent blockages they should not aim at avoiding any blockage at all, which 
can be an expression of the need for political change. Also Venice Commission (CDL-AD(2015)037-e), para. 
162. In that vein, European standards provide that it is important that a political culture is  well developed 
allowing for compromises between majority and opposition forces. At the same time, trade-offs, where both 
sides accept less qualified candidates in exchange for the acceptance of their own less qualified candidates, 
are discouraged. 

203  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 17; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Malta, p. 20. 

204  Input from Malta for the 2022 Rule of Law Report, p. 50. 
205  Venice Commission opinion, CDL-AD(2020)019-e, para. 85. 
206  2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. 
207  Venice Commission opinion, CDL-AD(2020)006, paras. 92-94. The Venice Commission also recommended 
changing the system of remunerations in order to provide for full-time work and payment of members.  
208  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2022 Rule of Law Report, p. 6. 

21 

 
                                                           
restrictions to property rights209. On 15 June 2023, the number of leading judgments pending 
implementation remains 15210. 

A mechanism to consistently follow-up on Constitutional Court rulings holding laws to 
be unconstitutional remains lacking, as illustrated by specific cases. As reported in previous 
Rule of Law Reports211, according to the constitutional order, judgments of the Constitutional 
Court do not have an erga omnes effect, and therefore laws found unconstitutional remain in 
force until Parliament repeals them. The lack of consistency on the side of Parliament to follow 
up on Constitutional Court rulings has been raised as an issue by the Venice Commission212. 
There are no plans to address this issue, despite specific cases that have shown the challenges 
of this situation213. 

Work continues to establish an enabling regulatory framework for the civil society space. 
Civil society space continues to be considered as narrowed214. The Office of the Commissioner 
for  Voluntary  Organisations  continued215  consultations  with  major  stakeholders  to  map  the 
status of the voluntary sector, including civil society, in Malta216. In this context, the Office is 
categorising  over  1750  organisations217  present  in  Malta  in  order  to  create  a  regulatory 
framework  for  these  organisations,  while  respecting  their  governance.  A  report  presenting 
conclusions and recommendations is expected by the end of 2023.  

209  Judgment of the European Court of Human Rights of 26 September 2006, Ghigo v. Malta, 31122/05, pending 

implementation since 2006. 

210  Data according to the online database of the Council of Europe (HUDOC-EXEC). 
211  2020 Rule of  Law Report,  Country  Chapter on the rule of law situation in Malta, p. 5; 2021 Rule of  Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  17;  2022  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Malta, p. 20. 
212  Venice Commission, CDL-AD(2020)006, para. 80-84.  
213  Contribution from the Aditus Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of 
Law Report, p. 18. A case is reported relating to a judgment from the Constitutional Court from 2020 regarding 
the Procedural Obligation under Article 460 COCP. The judgment held that this provision was unconstitutional 
due to the nullification of the act if the procedure is not followed, but the provision concerned still remains in 
place and is being applied.  

214  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 
and  closed.  According  to  CIVICUS,  in  general,  civic  space  freedoms  are  generally  respected  in  Malta. 
However, reports indicate that conditions for journalists and activists who campaign for justice have become 
increasingly hostile, especially those reporting on corruption. 

215  2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 21. 
216  Input from Malta for the 2022 Rule of Law Report, p. 54. 
217  The categorisation affects all types of organisations, including Civil Society Organisation but also leisure and 

other organisations.  

22 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

Aditus  Foundation  and  Daphne  Caruana  Galizia  Foundation  (2023),  Contribution  from  the  Aditus 
Foundation and the Daphne Caruana Galizia Foundation for the 2023 Rule of Law Report. 

Centre for Media Pluralism and Media Freedom, Monitoring Media Pluralism in the Digital Era in the 
year 2022 (2023) Country report: Malta. 

Committee  to  Protect  Journalists  (2023),  Contribution  from  the  Committee  to  Protect  Journalists 
(Malta) for the 2023 Rule of Law Report. 

Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court Presidents. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Platform to promote the protection of journalism and safety of journalists. 

Council  of  Europe:  Venice  Commission  (2010),  Report  on  European  Standards  as  regards  the 
Independence  of  the  Judicial  System:  Part  II  -  the  Prosecution  Service,  CDL-AD(2010)040-e  
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2010)040-e.  

Council of Europe: Venice Commission (2015), Armenia- First Opinion on the Draft Amendments to 
CDL-AD(2015)037-e 
1 
the 
(https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2015)037-e). 

Constitution 

(Chapters 

and 

10) 

to 

7 

- 

Council  of  Europe:  Venice  Commission  (2016),  Parameters  On  The  Relationship  Between  The 
Parliamentary  Majority 
A  Checklist 
The  Opposition 
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2019)015-e.   

A  Democracy: 

And 

In 

Council  of  Europe:  Venice  Commission  (2018),  Opinion  on  Constitutional  arrangements  and 
separation of powers and the independence of the judiciary and law enforcement CDL-AD(2018)028- 
e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2018)028-e. 

Council of Europe: Venice Commission (2018), Montenegro - Opinion on the draft law on 
amendments to the law on the Judicial Council and Judges - CDL-AD(2018)015-f 
https://www.venice.coe.int/webforms/documents/default.aspx?pdf=CDL-AD(2018)015-f&lang=EN. 

Council  of  Europe:  Venice  Commission  (2020),  Opinion  on  proposed  legislative  changes  -  CDL-
AD(2020)006-e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)006-e.  

Council of Europe: Venice Commission (2020), Opinion of 8 October 2020 on Malta - Opinion on ten 
Acts  and  bills  implementing  legislative  proposals  subject  of  Opinion  CDLAD(2020)006  - 
CDLAD(2020)019-e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)019-e. 

Council of the European Union (2021), Annex to the Council Implementing Decision on the approval 
of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta  https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CONSIL:ST_11941_2021_ADD_1. 

Court  of  Justice  of  the  European  Union,  judgment  of  20  April  2021,  Repubblika,  C-896/19, 
EU:C:2021:311. 

Court  of  Justice  of  the  European  Union,  judgment  of  2  March  2021,  AB  et  al.,  C-824/18, 
EU:C:2021:153. 

European Commission (2021), Recovery and resilience plan for Malta.  

European Commission (2023), EU Justice Scoreboard. 

23 

 
European Court of Human Rights, judgment of the of 26 September 2006, Ghigo v. Malta, 31122/05, 

European  Court  of  Human  Rights,  judgment  of  21  June  2016,  Ramos  Nunes  de  Carvalho  E  Sá  v. 
Portugal, 55391/13. 

European Court of Human Rights, judgment of 20 December 2022, S.H. v. MALTA, 37241/21. 

European Parliament: Flash Eurobarometer: News & Media Survey 2022.European Public Prosecutor’s 
Office 
  https://www.eppo.europa.eu/sites/default/files/2023-
02/EPPO_2022_Annual_Report_EN_WEB.pdf. 

(2023),  2022  Annual  Report 

First Hall Civil Court (constitutional jurisdiction), judgment of 27 February 2023, Partit Nazzjonalista 
vs. Awtorita tax-Xandir et. – Rikors Kostituzzjonali, 73/2022/1. 

Government of Malta (2022),  Information note, Establishment of a Committee of Experts on Media 
https://www.gov.mt/en/Government/DOI/Press%20Releases/PublishingImages/Pages/2022/01/11/pr2
20024/pr220024a.pdf.  

Government of Malta, Internal Audit and Investigations Directorate (2022), National Risk Assessment 
https://iaid.gov.mt/en/Documents/Co-
on 
ordinating%20Committee/National%20Risk%20Assessment%20-%20Republic%20of%20Malta.pdf. 

Corruption 

Fraud 

and 

GRECO (2021), Fifth evaluation round – Compliance report on Preventing corruption and promoting 
integrity in central governments (top executive functions) and law enforcement agencies. 

Malta  Police 
force/Documents/MALTA%20POLICE%20TRANSFORMATION%20STRATEGY.pdf.  

(2020),  Transformation  Strategy  2020-2025  https://pulizija.gov.mt/en/police-

OECD (1997), Convention on Combating Bribery of Foreign Public Officials in International Business 
Transactions https://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf.  

OECD (2022), Review of the Codes of Ethics for Ministers, Parliamentary Secretaries and Members of 
the  House 
Codes 
https://one.oecd.org/document/GOV/PGC/INT(2022)12/FINAL/en/pdf.  

Recommendations 

Representatives: 

improving 

the 

for 

of 

OECD  (2022),  Review  of  the  Standards  in  Public  Life  Act:  Recommendations  for  strengthening the 
integrity 
officials 
elected 
https://one.oecd.org/document/GOV/PGC/INT(2022)9/FINAL/en/pdf.  

framework 

appointed 

and 

for 

OECD  (2022),  Review  of  the  Lobbying  Framework  in  Malta:  Recommendations  for  improving 
transparency 
lobbying 
https://one.oecd.org/document/GOV/PGC/INT(2022)10/FINAL/en/pdf.  

integrity 

and 

in 

Ombudsman (2022), Ombudsplan 2023.   

Parliament 
https://parlament.mt/media/112436/national-anti-fraud-and-corruption-strategy_en.pdf. 

of  Malta 

Anti-Fraud 

National 

(2021), 

Corruption 

and 

Strategy 

Public Broadcasting Services (2022), PBS Ethics Guidelines for Staff Members. 

Reporters Without Borders (2023), 2023 World Press Freedom Index. 

Repubblika (2023), Contribution from Repubblika for the 2023 Rule of Law Report. 

Transparency International (2023), 2022 Corruption Perception Index.  

UNOCD  (2020),  Colombo  commentary  on  the  Jakarta  statement  on  principles  for  anti-corruption 
agencies 
https://www.unodc.org/documents/corruption/Publications/2020/20-
00107_Colombo_Commentary_Ebook.pdf.  

(2012), 

UNOCD 
https://www.unodc.org/documents/corruption/WG-Prevention/Art_6_Preventive_anti-
corruption_bodies/JAKARTA_STATEMENT_en.pdf. 

on  Principles 

Statement 

Jakarta 

for  Anti-Corruption  Agencies 

24 

 
 
Annex II: Country visit to Malta 

The Commission services held virtual meetings in February 2023 with: 

Information and Data Protection Commissioner 
Internal Audit and Investigations Department 
Institute of Maltese Journalists 

  Association of Judges and Magistrates of Malta 
  Auditor General 
  Aditus Foundation 
  Broadcasting authority 
  Chamber of Advocates 
  Chief Justice 
  Commissioner for Voluntary Organisations 
  Committee to Protect Journalists 
  Court Service Agency 
  Daphne Caruana Galizia Foundation 
 
 
 
  Ministry for Foreign and European Affairs and Trade 
  Ministry for Justice 
  Ministry for the National heritage, the Arts and Local Government 
  Moviment Graffiti 
  Office of the Attorney General 
  Permanent Commission against Corruption 
  Police: Financial Crimes Investigations Department 
  Public Broadcasting Services Limited 
  Public Service Commission 
  Repubblika 
  Secretariat of the Parliament 
  State Advocate 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 
 
 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

25 

 
 
JEF Europe  

 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

26