COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Malta, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 818 final  COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report              The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

The level of perceived judicial independence among the general public continues to be high. 
Steps  are  being  taken  to  involve  the  judiciary  in  the  procedure  for  the  appointment  of  the 
Chief Justice. Additional categories of prosecutions have been delegated to the Office of the 
Attorney General.  Concerns persist regarding the independence of specialised tribunals and 
works  have  started  to  address  them.  New  members  of  the  judiciary  have  been  appointed, 
while  concerns  persist  regarding  the  overall  level  of  human  resources.  The  degree  of 
digitalisation  of  the  justice  system  needs  substantial  improvement.  The  regulation  of  the 
activities  of  lawyers  is  still  under  discussion.  There  has  been  some  further  progress  in 
pursuing  efforts  to  improve  the  efficiency  of  the  justice  system,  yet  the  duration  of 
proceedings remains a challenge.  

The  anti-corruption  recommendations  issued  following  the  public  inquiry  into  the 
assassination  of  journalist  Daphne  Caruana  Galizia  have  not  been  implemented  yet.  The 
monitoring  of  the  implementation  of  the  National  Anti-Fraud  and  Corruption  Strategy 
encountered  some  delays.  Organisational  and  legislative  measures  were  adopted  in  2023  to 
improve  the  capacity  of  investigative  and  prosecution  authorities.  While  its  resources 
increased,  the  Permanent  Commission  against  Corruption  did  not  achieve  tangible  results. 
Integrity measures continue to apply to the public service (including police officers, judges, 
members of Parliament and high-ranking officers) while those for high-ranking officials were 
reviewed,  and  some  concerns  remain  regarding  the  extent  of  the  integrity  measures  for 
persons  of  trust.  Public  authorities  comply  with  audit  recommendations.  New  tools  for 
whistleblowing  are  under  preparation,  while  some  concerns  were  raised  as  regards  the 
effectiveness  of 
the  existing  mechanism.  While  preventive  measures  exist,  public 
procurement  procedures  show  high  risks  of  corruption.  The  investor  citizenship  scheme 
continues to raise concerns. 

In July 2023, the Committee of Experts on Media concluded its work and presented a set of 
recommendations  in  its  final  report.  However,  to  date,  no  legislative  or  other  concrete 
measures have been adopted to improve the working environment of journalists and to reform 
the  media  landscape.  There  has  been  no  progress  with  regard  to  adopting  safeguards  to 
improve  access  to  official  documents  while  journalists  continue  to  face  obstacles  when 
requesting  public  information.  There  have  been  no  developments  to  enhance  the 
independence  of  public  service  media,  to  establish  transparent  criteria  for  the  allocation  of 
public funding for media outlets and to ensure air allocation of state advertising.  

While  there  have  been  some  public  consultations  in  the  legislative  process,  there  is  no 
framework  in  place.  The  establishment  of  a  human  rights  institution  is  still  pending.  The 
Constitutional Convention announced in 2019 to address issues concerning the appointment 
of  constitutional  bodies  and  the  role  of  Parliament  remains  stalled.  Efforts  by  the 
Commissioner  for  Voluntary  Organisations  to  establish  a  supportive  regulatory  framework 
for the civil society sector continue. 

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RECOMMENDATIONS 

Overall, concerning the recommendations in the 2023 Rule of Law Report, Malta has made: 

•  Some 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  further  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  adopting  legislative  and  other  safeguards  to  improve  the  working 
environment of journalists, and no progress on access to official documents, taking into 
account  European  standards  on  the  protection  of  journalists  and  on  access  to  official 
documents.  

•  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 yet on establishing a National Human Rights Institution taking into account 

the UN Paris Principles. 

•  Some progress on public participation in the legislative process, but no formal framework 

has been established. 

On this basis, and considering other developments that took place in the period of reference, 
and  in  addition  to  recalling  the  relevant  commitments  made  under  the  Recovery  and 
Resilience Plan, it is recommended to Malta to: 

•  Pursue  the  draft  reform  endorsed  by  the  Government  to  involve  the  judiciary  in  the 

procedure for appointment of the Chief Justice. 

•  Further  strengthen  efforts  to  improve  the  efficiency  of  justice  including  by  providing 

additional resources, particularly to reduce the length of proceedings. 

•  Continue efforts to address challenges related to the length of investigations of high-level 
corruption cases and step up efforts to establish 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. 

•  Step up measures to establish a National Human Rights Institution taking into account the 

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

• 

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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. Judges and magistrates are appointed by the President of Malta acting 
in  accordance  with  the  recommendation  made  by  the  Judicial  Appointments  Committee.  A 
Commission for the Administration of Justice supervises the workings of all the superior and 
inferior  courts1.  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 among the 
general  public  and  is  now  average  among  companies.  Overall,  65%  of  the  general 
population and 57% of companies perceive the level of independence of courts and judges to 
be  ‘fairly  or  very  good’  in  20242.  The  perceived  judicial  independence  among  the  general 
public has slightly decreased in comparison with 2023 (66%), although it remains higher in 
comparison  with  2020  (52%).  The  perceived  level  of  judicial  independence  among 
companies has decreased in comparison with 2023 (65%) but remains higher in comparison 
with 2020 (48%)3. 

There has been some progress on the involvement of the judiciary in the procedure for 
appointment of the Chief Justice. The 2023 Rule of Law Report recommended to Malta to 
‘[t]ake  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’4. Under the procedure laid down in 
Article  96(3)  of  the  Constitution,  the  Chief  Justice  is  appointed  by  the  President  acting  in 

1   The Commission is composed of ten members: the President of Malta, as  Chairman (having only a casting 
vote  in  case  of  a  tied  vote);  the  Chief  Justice,  as  Deputy  Chairman;  the Attorney  General;  two  members 
elected from among the Judges of the Superior Courts; two members elected from among the Magistrates of 
the Inferior Courts; one member appointed by the Prime Minister and one member appointed by the Leader 
of  the  Opposition;  and  the  President  of  the  Chamber  of Advocates.  It  should  be  noted  that  the  share  of 
judges,  members  of  the  Commission,  who  are  chosen  by  their  peers  represents  less  than  half  of  the  total 
members of the Commission. Figure 57, 2024 EU Justice Scoreboard. 

2   Figures 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%).  

3   79% of the companies in Malta are either fairly or very confident that their investments are protected by the 
law  and  courts  in  the  Member  State.  Only  7%  of  the  surveyed  companies  see  the  quality,  efficiency  or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figures 55 and 56, 2024 EU Justice Scoreboard. 

4   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  pp.  3-4.  In  2023,  the 
Commission  concluded  that  ‘no  progress’  had  been  made  on  this  recommendation  which  was  already 
included in the 2022 Rule of Law Report, p. 2. 

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accordance with a resolution of the Parliament adopted by a two-thirds majority. As indicated 
in  previous  Rule  of  Law  Reports5,  the  judiciary  should  in  principle  be  involved  in  the 
appointment of the Chief Justice6, considering the various roles the Chief Justice fulfils in the 
justice system7. Even though the the Chief Justice enjoys both constitutional and institutional 
independence from the executive and legislative powers, and the guiding rules to remove the 
Chief Justice from office are provided for by the Constitution8, some stakeholders reiterated 
their  concerns  on  the  current  procedure  for  appointment  of  the  Chief  Justice9.  The 
Government  communicated  its  intention  to  involve  the  judiciary  in  the  procedure  for 
appointment of the Chief Justice. In particular, the Government has endorsed a constitutional 
reform,  which  will  mandate  consultations  with  the  incumbent  Chief  Justice  (who  bears 
statutory  obligations  in  representing  the  judiciary)  prior  to  the  appointment  of  a  new  Chief 
Justice.  The  bill  will  be  tabled  to  Parliament  in  the  coming  months10.  Based  on  this 
development, steps are being taken to involve the judiciary in the procedure for appointment 
of  the  Chief  Justice,  thus  some  progress  has  been  made  in  the  implementation  of  the 
recommendation made in the previous years. 

The  transfer  of  certain  types  of  prosecutions  to  the  Office  of  the  Attorney  General  is 
progressing.  The  transfer  of  prosecution  of  non-summary  cases11  from  the  police  to  the 
Office of the Attorney General continued in the last year, following the commitments under 
the  Recovery  and  Resilience  Plan  (RRP)12.  In  September  2023,  the  fourth  phase  of  the 

5   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 3-4; 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Malta, pp. 3-4; 2021 Rule of Law Report, Country 
Chapter on the rule of law situation in Malta, p. 3. Moreover, the previous Rule of Law Reports mentioned 
the  indication  coming  from  the  Venice  Commission  to  introduce  an  anti-deadlock  mechanism  for  the 
appointment  of  the  Chief  Justice  (Venice  Commission  opinion  (CDL-AD(2020)019)).  In  this  regard,  see 
2023 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.  4.  2021  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Malta, p. 3. 

6   In principle, if the legislative power takes decisions on the selection of judges, the opinion of an independent 
authority  drawn  in  substantial  part  from  the  judiciary  should  be  followed  by  the  appointing  authority 
(Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47). 
7   The Chief Justice is President of the Constitutional Court and President of the Court of Appeal (presiding  in 
both appeal panels); performs important responsibilities in the administration of the justice system such as 
chairing  the  Judicial Appointments  Committee;  is  a  member  of  the  Commission  for  the Administration  of 
Justice  responsible  for  judicial  discipline  and  is  in  charge  of  initiating  disciplinary  procedures  against 
members of the judiciary (as is the Minister of Justice). In theory, even non-judges could be appointed to the 
office, however, in practice, the person occupying the position of Chief Justice has always been a seasoned 
lawyer or judge. 

8   Written contribution from the Maltese Government in the context of the country visit to Malta, pp. 1-3. 
9   Contribution  from Aditus  Foundation  for  the  2024  Rule  of  Law  Report,  pp.  11-12;  Written  contributions 

from Repubblika and Daphne Caruana Galizia Foundation in the context of the country visit to Malta.  

10   Written contribution from the Maltese Government, p. 1, and annex to the same contribution, p. 1. 
11   Non-summary cases are cases punishable with a penalty exceeding two years of imprisonment. 
12   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  4.  See  RRP  C6.R.2, 
milestone 6.8, which provides the transfer of all non-summary cases to the Office of the Attorney General by 
the  end  of  2024. That  will  be  followed  by  a  study  on  the  transfer  of  summary  cases  (milestone  6.5  to  be 
completed by the end of 2024), followed by legislative amendments (milestone 6.6 to be completed by the 
first quarter 2026). In the same context, the authorities are working on a project named ‘Attorney General 
and State Advocate in Malta – Implementation of action plan of offices re-organization’, whose start date is 
1 September 2023 and end date 31 August 2025. The project, financed with EU funds, includes a series of 
capacity  building  activities  and  supports  the  design  of  a  case  management  system  for  each  office, 
contributing thus to the objectives of the above-mentioned measure C6.R.2. 

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transition  was  concluded13.  As  of  1  October  2023,  the  Office  of  the  Attorney  General  is 
empowered  to  take  the  decision  to  prosecute  additional  offences  in  front  of  the  inferior 
courts14.  From  July  2023  to  February  2024,  8  additional  lawyers  and  2  members  of  the 
administrative staff joined the Office. As a result, as of 1 March 2024, the total workforce at 
the Office of the Attorney General stands at 95 employees, comprising 69 prosecutors and 26 
administrative and support staff15.  

The  renewal  of  the  disciplinary  regime  for  prosecutors  should  be  discussed  starting 
from  the  second  half  of  2024.  The  2023  Rule  of  Law  Report16  noted  that,  in  December 
2022, a disciplinary regime for prosecutors had been introduced, which established different 
levels  of  disciplinary  offences  as  well  as  the  procedure  to  be  followed.  The  Maltese 
authorities  clarified  that,  in  accordance  with  the  general  principles  of  national  civil  and 
constitutional law, although there is no express mention of an appeal before a court of law, a 
prosecutor  may  still  challenge  a  second  instance  decision  adopted  by  the  Appeal  Board 
before  the  courts.  Moreover,  they  explained  that  disciplinary  proceedings  are  confidential 
(whereas according to European standards they should in principle be held in public)17. The 
Maltese  authorities  further  declared  that  discussions  for  the  renewal  of  the  disciplinary 
regime  for  prosecutors  (whose  validity  is  set  to  expire  at  the  end  of  2024)  will  start  in  the 
second half of 202418. 

Concerns  persist  regarding  the  independence  of  specialised  tribunals  and  works  have 
started  to  address  them.  Criticism  has  been  reiterated  regarding  the  independence  of 
specialised tribunals, especially with respect to the system of appointment of their members19. 
As indicated in the 2023 Rule of Law Report20, in the context of the RRP, the Government 
committed to review the independence of specialised tribunals, in dialogue with the Venice 

13   Adoption  of  legislative  amendments  to  the  Prosecution  of  Offences  Regulations  Subsidiary  Legislation 
90.01  of  the  Laws  of  Malta,  introduced  on  29  September  2023  by  virtue  of  the  Prosecution  of  Offences 
(Transitory Provisions) (Amendment) Regulations, 2023 (Legal Notice 225 of 2023). The fifth phase of the 
transition  will  take  place  on  1  October  2024,  when  the  Office  of  the  Attorney  General  will  take  over 
additional cases from the police. In 2025, an independent study will be carried out to assess the taking over 
of summary cases (see RRP milestone C.6.R2-MT6.5). 

14   Input  from  Malta  for  the  2024  Rule  of  Law  Report,  pp.  11-12.  In  particular,  the  Office  of  the  Attorney 
General is now also empowered to take the decision to prosecute the following offences: a) grievous bodily 
harm;  grievous  bodily  harm with  arms  proper;  other  cases  of  grievous  bodily  harm;  grievous  bodily  harm 
from which death ensues; b) involuntary homicide; involuntary homicide in the course of theft or attempted 
theft; c) infanticide; d) stalking involving fear of violence, serious alarm or distress; e)  aggravated theft; f) 
offences against the National Interest (Enabling Powers) Act; g) offences against the Fisheries Conservation 
and Management Act; h) attempts or conspiracy to commit or complicity in the above-mentioned offences. 

15   Written contribution from the Maltese Government in the context of the country visit to Malta, p. 9. 
16   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 5.  
17   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 5. 
18   Written contribution from the Maltese Government in the context of the country visit to Malta, p. 14. The 
Maltese authorities also informed that, on 3 June 2024, the Government signed the first collective agreement 
for  the  staff  of  the  Office  of  the  State Advocate,  which  includes  a  comprehensive  financial  package  that 
offers substantial benefits to the staff and takes into consideration the family circumstances of the lawyers, 
aiming  to  improve  their  work-life  balance  and  overall  well-being.  The  objective  of  this  agreement  is  to 
enhance  the  working  conditions  and  job  satisfaction  of  the  staff  of  the  Office  of  the  State Advocate  and 
therefore further strengthening the institution’s ability to serve the State effectively. 

19   See contribution from Aditus Foundation for the 2024 Rule of Law Report, p. 13. In this regard, see 2023 

Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. 

20   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. See also 2022 Rule 

of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. 

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Commission21. In accordance with the relevant commitments under the RRP, the authorities 
launched  public  procurement  procedures  for  the  selection  of  an  independent  contractor  to 
assess the independence of specialised tribunals22, with a view to adopt any necessary reform.  

Quality  

Despite a further increase in the number of members of the judiciary, concerns persist 
over human resources. Malta continues to have one of the lowest ratios of members of the 
judiciary  per  capita  among  EU  countries23.  Against  this  background,  the  authorities  are 
progressing with the recruitment of new judges and magistrates. Overall, the judiciary saw a 
rise of five members (one judge and four magistrates) in their ranks24. Stakeholders reported 
that the number of judges is however still not sufficient to deal with the increasing number of 
cases brought before the Maltese courts25. In October 2023, the Chief Justice stated that the 
number of judges and magistrates, the overall human resources, the available premises, and 
procedural laws, do not cater for the current workload26. In November 2023, the Association 
of  Judges  and  Magistrates  issued  a  statement  warning  that  the  judicial  system  was  at  ‘the 
brink  of  collapse’  due  to  a  persistent  lack  of  resources,  staff,  and  investment27.  The  view 
expressed by both the Chief Justice and the Association of Judges and Magistrates is shared 
by  other  stakeholders28.  According  to  data  in  the  2024  EU  Justice  Scoreboard,  the  total 
expenditure on justice in Malta has increased over the last years29.  

The  Digital  Justice  Strategy  2022-2027  is  currently  under  implementation  and, 
therefore, the digitalisation of the justice system needs further work of implementation. 
As indicated in the 2023 Rule of Law Report30, the authorities started the implementation of 

21   See RRP  C6.R.1, milestone 6.3: ‘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’. Milestone 6.4 then 
provides,  by  the  first  quarter  2026,  the  legislative  amendments  to  take  account  of  the  outcome  of  the 
assessment. 

22   The  assessment  of  the  independent  contractor  will  include  (i)  the  guarantees  of  independence  for 
appointments  of  members  to  specialised  tribunals,  (ii)  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. The assessment must be finalised by 31 December 2024. 

23   Figure 37, 2024 EU Justice Scoreboard. In 2022, Malta had 9 judges per 100 000 inhabitants.  
24   Input  from  Malta  for  the 2024  Rule  of  Law  Report,  p. 7. Therefore,  as of  May  2024,  the  members  of  the 
judiciary  are  57,  namely  the  Chief  Justice,  27  judges  and  29  magistrates.  Written  contribution  from  the 
Maltese Government in the context of the country visit to Malta, p. 3. Doubts have been expressed about the 
actual impact of this increase on the efficiency of the justice system, since some of the additional magistrates 
will  be  in  charge  of  inquiring  activities,  thus  they  will  not  be  involved  in  the  disposition  of  cases. 
Information received in the context of the country visit to Malta from Association of Judges and Magistrates. 
25   Written  contribution  from  Chamber  of  Advocates  in  the  context  of  the  country  visit  to  Malta,  p.  1; 
Contributions from Aditus Foundation (p. 13) and Repubblika (p. 14) for the 2024 Rule of Law Report. 
26   Chief Justice (2023), Speech delivered on the occasion of the inauguration of the judicial year 2023-2024. 
27   Times  of  Malta  (2023),  Judiciary  slams  authorities'  'persistent  failures',  warns  system  near  'collapse'; 
Information confirmed by Association of Judges and Magistrates in the context of the country visit to Malta. 
28   Written contribution from Chamber of Advocates (p. 1) and Daphne Caruana Galizia Foundation (pp. 1-2) in 
the context of the country visit to Malta; Contribution from Aditus Foundation (p. 13), Repubblika (p. 14) 
and Courts of Justice of Malta (p. 12) for the 2024 Rule of Law Report. 

29   The total expenditure on law courts per inhabitant has increased from EUR 65 in 2018 to EUR 136 in 2022 
(figure  32,  2024  EU  Justice  Scoreboard);  moreover,  in  terms  of  percentage  of  GDP,  the  expenditure  has 
increased from 0.24% in 2018 to 0.41% in 2022 (figure 33, 2024 EU Justice Scoreboard). 
30   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 6-7. 

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the Digital Justice Strategy (2022-2027), which sets out a roadmap towards the transition to a 
fully  digitalised  justice  system.  In  this  context,  ongoing  investments31  include  the  process-
mapping  and  redesign  of  judicial  procedures  to  implement  digital  processes  and  develop  a 
Court  Information  Management  System32.  Although  various  legislative  acts  have  been 
approved,  with  a  view  to  fully  digitalise  both  the  criminal33  and  the  civil  trial  system34, 
stakeholders  underlined  that  the  level  of  digitalisation  still  needs  to  be  considerably 
improved35. This position is in line with data in the 2024 EU Justice Scoreboard, where Malta 
ranks low in most categories concerning the use of electronic tools in the justice sector36. 

The  regulation  of  the  activities  of  lawyers  is  still  under  discussion.  As  indicated  in  the 
2023 Rule of Law Report37, a working group, comprising relevant government services and 
representatives  from  the  Chamber  of  Advocates38,  has  been  established  to  draft  a  Lawyers 
Act, namely an act aimed at streamlining the existing regulatory framework for the activities 
of lawyers in Malta39. The discussions are still ongoing40. 

31   The investments are partly financed by RRP C6.I1, milestone 6.38. 
32   The following are the main functionalities of the online Court Management Information System laying out 
the  basis  for  an  online  court  system.  i)  E-filing  and  Document  Scanning:  the  system  will  accept 
electronic/online  filing  of  documents  from  the  general  public,  lawyers,  parties,  court  experts  and  other 
stakeholders;  ii) A  referenced  repository  of  electronic  media  and  documents:  it  will  cater  for  the  storage, 
retrieval and sharing of documents electronically, and will provide tools for managing case information; iii) 
Collection of Statistics and Reports: the system will provide comprehensive reporting functionalities which 
will allow customisation for authorised users, and the extraction of any related data; iv) Electronic service to 
support the national and cross-border service of court documents, court hearings, videoconferencing dates, 
decrees  to  concerned  parties  and  legal professionals  electronically;  v)  Electronic  signatures;  vi)  Electronic 
payment for court fees or fines; vii) Remote Access to documents and by the parties and other stakeholders; 
viii) Remote participation during hearings. Written contribution from the Maltese Government in the context 
of the country visit to Malta, pp. 1-2. 

33   The Maltese authorities clarified that: i) all criminal acts can now be filed online; ii) committal proceedings, 
juries and criminal appeals are being scanned in machine readable formats so that they can be utilised for 
search  facilities  and  data  collection;  iii)  all  documents,  decrees,  judgements,  transcriptions  of  evidence, 
minutes of the case, adjournments, judicial sales by auctions, insolvency registers are available on the court’s 
website. Written contribution from the Maltese Government in the context of the country visit to Malta, p. 6. 
34   The  Maltese  authorities  clarified  that  the  civil  trial  is  in  a  more  advanced  stage  of  digitalisation  than  the 
criminal  trial,  since  most  acts  can  be  filed  online,  the  parties  can  follow  their  case  through  an  online 
application (My Acts) which is accessible through e-courts.gov.mt, and the current case management system 
is incorporated in all civil courts that facilitates retrieval of case data. Written contribution from the Maltese 
Government in the context of the country visit to Malta, pp. 6-7. 

35   Information  received  in  the  context  of  the  country  visit  to  Malta  from  Chamber  of Advocates  and Aditus 
Foundation; Written contribution of Chamber of Advocates in the context of the country visit to Malta, p. 2. 
36   According to the 2024 EU Justice Scoreboard, this applies to a) availability of online information about the 
judicial system for the general public (figure 42), b) the use of digital technology by courts and prosecution 
service (figure 44), c) electronic communication tools by courts and prosecution service (figures 45-46), and 
d) arrangements for producing machine-readable judicial decisions (figure 50). 

37   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. See also 2022 Rule 

of Law Report, Country Chapter on the rule of law situation in Malta, pp. 5-6. 

38   The new Council of the Chamber of Advocates was appointed on 23 August 2023 for a period of three years 
(input  from  Malta  for  the  2024  Rule  of  Law  Report,  p.  17)  and  is  continuing  the  discussions  with  the 
Government (information received in the context of the country visit to Malta from Chamber of Advocates). 
39   The legal profession is already regulated by virtue of the Code of Organization and Civil Procedure (Chapter 
12 of the Laws of Malta) and Subsidiary Legislation thereunder, the Commission for the Administration of 
Justice Act (Chapter 369 of the Laws of Malta), the Police Act (Chapter 10 of the Laws of Malta) and the 
Code of Ethics and Conduct for Advocates. 

40   Written contribution from Chamber of Advocates in the context of the country visit to Malta, p. 2. 

7 

 
 
Efficiency 

Despite some improvements, the length of proceedings remains a concern. According to 
data in the 2024 EU Justice Scoreboard, in 2022, the disposition time for first instance civil 
and  commercial  cases,  even  though  it  decreased  by  38  days  compared  to  2021,  remained 
among  the  lengthiest  in  the  EU,  as  in  2022,  it  still  took  491  days  to  resolve  such  cases41. 
According  to  the  Council  of  Europe  European  Commission  for  the  efficiency  of  justice 
(CEPEJ), in 2022, the disposition time for first instance criminal cases recorded a decrease, 
being  equal  to  527 days  against 566 days in  202142. Administrative justice has  recorded an 
improvement (the estimated time needed to resolve first instance administrative cases in 2022 
fell by 275 days compared to 2021, namely 1 081 against 1 356 days)43, while still remaining 
the lengthiest in the EU. Stakeholders reiterated their concerns as regards the length of court 
proceedings44. Also, the backlog of pending cases has continued to deteriorate. According to 
data  in  the  2024  EU  Justice  Scoreboard,  Malta’s  rate  of  resolving  civil,  commercial, 
administrative  and  other  cases  (first  instance)  in  2022  was  equal  to  87%  (against  89%  in 
2021)45. In 2022, the clearance rate has improved with regard to criminal cases (first instance) 
amounting to 92.8% (against 87.7% in 2021)46. These percentages indicate that, on an annual 
basis, the number of resolved cases is less than the number of new cases. In 2022, the number 
of pending first instance cases per 100 000 inhabitants further increased: in particular, it was 
equal to 2.4 for civil and commercial cases (against 2.1 in 2021)47 and 3.17 for criminal cases 
(against 3.06 in 2021)48. 

There has been some further progress  in pursuing efforts to improve the efficiency of 
the  justice  system.  The  2023  Rule  of  Law  Report  recommended  to  Malta  to  ‘[f]urther 
strengthen  efforts  to  improve  the  efficiency  of  justice,  particularly  to  reduce  the  length  of 
proceedings’49. A recent revision of the procedural rules before the Courts of Appeal, which 
enables  cases  to  progress  to  judgement  through  a  written  procedure,  led  to  a  significant 
improvement of the efficiency of the Courts of Appeal50. The Government is also working on 
both  the  legal  and  the  administrative  aspects  to  set  up  a  fully-fledged  Commercial  Court51. 

41   Figure 6, 2024 EU Justice Scoreboard. In this regard, it is worth noting that the number of incoming first 
instance civil and commercial cases per 100 inhabitants has been stable between 2021 and 2022 (2,0 in 2022 
against 1,9 in 2021; figure 3, 2024 EU Justice Scoreboard). 

42   See CEPEJ (2024), Study on the functioning of the judicial systems in the EU Member States. 
43   Figure 8, 2024 EU Justice Scoreboard. 
44   Written contribution from Chamber of Advocates in the context of the country visit to Malta, p. 1. 
45   Figure 10, 2024 EU Justice Scoreboard. 
46   See CEPEJ (2024), Study on the functioning of the judicial systems in the EU Member States. 
47   Figure 14, 2024 EU Justice Scoreboard. The number of pending administrative cases is stable at 0.1 (Figure 

15, 2024 EU Justice Scoreboard). 

48   See CEPEJ (2024), Study on the functioning of the judicial systems in the EU Member States. 
49   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  2.  In  2023,  the 
Commission concluded that ‘some progress’ had been made on this recommendation already included in the 
2022 Rule of Law Report.  

50   Input  from  Malta  for  the  2024  Rule  of  Law  Report,  p.  8.  See  also  written  contribution  from  Chamber  of 

Advocates in the context of the country visit to Malta, p. 1. 

51   The  Commercial Courts will act as a Court of first instance on commercial cases. The Maltese authorities 
clarified that their intention is to have two judges presiding over the Commercial Court (although it is the 
prerogative of the Chief Justice  to assign the members of the judiciary to this Court). The Court will also 
have  its  own  staff,  which  include  the  Court Attorney,  deputy  registrar,  judicial  assistant,  clerk  and  a  court 
messenger. The Court will also have its own registry for filing of judicial acts. Written contribution from the 
Maltese Government in the context of the country visit to Malta, pp. 9-10. 

8 

 
 
The relevant draft law will be presented to the Cabinet of Ministers and subsequently tabled 
to  Parliament,  with  an  expected  adoption  by  the  end  of  202452.  The  reform  aims  at 
strengthening the specialisation of judges, which – as confirmed by stakeholders53 – is key to 
improve the efficiency of the justice system, even though other stakeholders are of the view 
that the reform would not produce tangible effects, since the judges of the Commercial Court 
are already judges in the civil courts dealing with commercial cases54. The Government also 
launched a public consultation on the reform of the compilation of evidence, which envisages 
that i) the committal proceedings55 will rely more on documents than on oral evidence56, ii) 
the compilation  of evidence must be finalised within one year, or the case will either go to 
trial  or  be  dismissed57,  and  iii)  the  prosecution  must  disclose  its  case  within  40  days 
(extendable by 30 days) from when the accused appears in court58. Moreover, there will be a 
graded incentive for an Early Guilty Plea (EGP) at pre-trial59, while constitutional references 
will not stop the committal proceedings. The Government has evaluated the outcome of the 
public consultation on the above-mentioned reform and plans to present a draft legislation to 
the  Cabinet  of  Ministers  and  then  to  the  House  of  Representatives,  with  a  view  to  have  it 
adopted by the end of 2024. As concerns the ongoing review of the procedures of the Family 
Courts, the relevant working group established by the Government is in the process of issuing 
a public consultation containing a number of recommendations having the stated objective of 
increasing  the  efficiency  of  justice  in  family  law  cases60.  In  2023,  a  Fourth  Section  of  the 
Civil  Court  of  Appeal  was  established,  with  a  positive  impact  on  the  number  of  resolved 

52   Information  received  in  the  context  of  the  country  visit  to  Malta  from  Ministry  of  Justice.  Plans  are  also 
underway  to  designate  a  building  to  be  equipped  with  cutting-edge  technology,  a  minimum  of  two 
courtrooms, a reception area, a commercial registry, and chambers for judges as well as offices for support 
staff. Input from Malta for the 2024 Rule of Law Report, pp. 10-11. 

53   Information  received  in  the  context  of  the  country  visit  to  Malta  from  Chief  Justice  and  Chamber  of 

Advocates. 

54   Information received in the context of the country visit to Malta from Association of Judges and Magistrates. 
55   During  committal  (compilation)  proceedings  the  Court  of  Magistrates  (as  a  court  of  criminal  inquiry) 
collects the evidence brought by the prosecution service against a person charged. At the end of this inquiry, 
it must be decided whether there is sufficient evidence for the case to be pursued before the court. 

56   This will apply to cases attracting an imprisonment sentence longer than two years unless the prosecution 
and the defence agree otherwise. In this context, witnesses can be cross-examined or submit affidavits. The 
pre-trial stage will only verify whether there is enough evidence for trial. It will no longer be mandatory for 
all the evidence to be collected orally and for all the witnesses to be heard for the procedure to be concluded. 
Supporting evidence can continue to be collected up to the trial stage as long as it has been declared during 
the compilation stage. 

57   This  is  longer  than  the  current  one-month  period,  but  without  the  rinviji  system  (this  is  when  evidence 
presented  in  court  by  the  prosecution  is  referred  to  the  Office  of  the Attorney  General). This  grants  more 
discretion to the Court, especially for experts or foreign witnesses. 

58   The  defence will then decide if it wishes to produce evidence at the compilation stage. If not, the stage is 

closed. If yes, the same rules and time limits as for the prosecution apply. 

59   An immediate EGP can reduce the punishment by up to two degrees, and an EGP during trial by one degree. 

For life imprisonment cases, the maximum reduction is by one degree. 

60   Written contribution from the Maltese Government in the context of the country visit to Malta, p. 11.  The 
authorities  also  reported  that  an  additional  courtroom  is  being  allocated  to  the  Family  Court,  to  which 
another magistrate has been assigned. Input from Malta for the 2024 Rule of Law Report, p. 11. The Maltese 
authorities also informed that a national conference was held on 20 April 2024, to gather ideas and proposals 
from  the  general  public. The  Prime  Minister,  the  Minister  for  Justice  and  the  Reform  of  the  Construction 
Sector, and the Minister for Social Policy and Children’s Rights participated in the conference.  

9 

 
 
cases61. In 2024, the construction of a second Hall for trials by jury has been completed, with 
expected  benefits  on  the  disposition  of  jury  trials62.  According  to  the  authorities,  these 
measures should contribute to a further improvement of the efficiency of the justice system, 
even  though  in  most  cases  they  still  require  an  implementation.  Overall,  considering  the 
reported  developments,  including  the  ones  on  the  length  of  proceedings,  some  further 
progress has been made on the recommendation made in the 2023 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  office63,  the  Financial  Intelligence  Analysis  Unit  (FIAU) 
and  the  Internal  Audit  and  Investigations  Department  (IAID)64.  The  Public  Service 
Commission (PSC) is responsible for the discipline of civil servants. Malta is not a signatory 
party to the OECD Anti-Bribery Convention65. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency  International,  Malta scores 51/100 and ranks 22nd in  the European Union and 
55th globally66. This perception has been relatively stable over the past five years67. The 2024 
Special  Eurobarometer  on  Corruption  shows  that  95%  of  respondents  consider  corruption 
widespread in Malta (EU average 68%) and 56% of respondents feel personally affected by 

61   Written contribution from the Maltese Government in the context of the country visit to Malta, pp. 4-5. In 
particular, according to the Maltese authorities, over a period of 10 months (March to December 2023), the 
resolved cases of the Civil Court of Appeal increased by 79% if compared to the same period of 2019.  

62   Written  contribution  from  the  Maltese  Government  in  the  context  of  the  country  visit  to  Malta,  pp.  5-6. 
According to the Maltese authorities, the Hall will contribute to reducing backlog of cases, since two juries 
can  be  convened  simultaneously,  thereby  increasing  the  number  of  jury  trials. The  construction  should  be 
completed by end 2024. The Maltese authorities further explained that in 2024 a number of calls for tenders 
have been published aimed at finding companies to contract for the restoration, renovation and conservation 
of courthouses, and at identifying possible venues to be  used by the Courts. Written contribution from the 
Maltese Government in the context of the country visit to Malta, pp. 7-8.  

63   As  per  Part  2  of  Act  XLII  of  2020  the  Office  of  the  Ombudsman  in  Malta  deals  with  complaints  of 

maladministration against public authorities. 

64   It conducts internal inspections within governmental departments and agencies. 
65   OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 

Ratification Status. 

66   Transparency  International,  Corruption  Perceptions  Index  2023.  The  level  of  perceived  corruption  is 
categorized  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). 

67   In 2019 the score was 54, while, in 2023, the score is 51. 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. 

10 

 
 
corruption in their daily lives (EU average 27%)68. As regards businesses, 71% of companies 
consider that corruption is widespread (EU average 65%) and 55% consider that corruption is 
a problem when doing business (EU average 36%)69. Furthermore, 22% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 
average  32%)70,  while  36%  of  companies  believe  that  people  and  businesses  caught  for 
bribing a senior official are appropriately punished (EU average 31%)71. 

The  anti-corruption  recommendations  issued  following  the  public  inquiry  into  the 
assassination of journalist Daphne Caruana Galizia have not yet been implemented. The 
public  inquiry  into  the  assassination  of  journalist  Daphne  Caruana  Galizia  issued  anti-
corruption  recommendations72.  According  to  the  Government,  the  project  on  integrity  in 
public life concluded by the OECD in October 202373 is a first step into the implementation 
of  the  anti-corruption  recommendations  issued  following  that  public  inquiry.  So  far,  the 
Government  has  not  adopted  any  measures  to  implement  these  recommendations,  nor 
initiated the actions suggested by the OECD74. The European Parliament has expressed deep 
concerns over the deterioration of the anti-corruption elements linked to this case75, which are 
also echoed by civil society organisations76.  

The  monitoring  of  the  implementation  of  the  National  Anti-Fraud  and  Corruption 
Strategy  encountered  some  delays.  The  implementation  of  the  National  Anti-Fraud  and 
Corruption  Strategy  (NAFCS)  is  monitored  by  a  Co-ordinating  Committee77  (led  by  the 
IAID), through a series of meetings between the IAID and the relevant national authorities78. 
Due to  changes  in  the Co-ordinating Committee79,  the monitoring of the implementation of 

68   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

69   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash 
Eurobarometer 524 (2023). 

70  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
71   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
72   The  anticorruption  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.  Board  of  Inquiry  (2021),  Public  Inquiry 
Report Daphne Caruana Galizia; 2022 and 2023 Rule of Law  Report,  Country Chapter on the rule of law 
situation in Malta, pp. 14 and 9, respectively. 

73   See below p. [16]. 
74   Ibidem. 
75   European  Parliament  resolution  of  19  October  2023  on  the  rule  of  law  in  Malta:  six  years  after  the 

assassination of Daphne Caruana Galizia, and the need to protect journalists. 

76   Civil society organizations deplore a deterioration in the national anti-corruption framework in Malta, with 
no  tangible  impact.  Written  contribution  from  Repubblika  and  Daphne  Caruana  Galizia  Foundation  in  the 
context of the country visit to Malta. 

77   The coordinating committee is established in accordance with Article 23 of the Internal Audit and Financial 

Investigations Act (as per Cap 461 of the Laws of Malta). 

78   2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 9. 
79   After  the  resignation  of  the  Director  General  of  IAID,  a  new  Director  General  was  appointed  in  January 
2024. Input from Malta for the 2024 Rule of Law Report, p. 31. A new Chair of the Coordinating Committee 
started its mandate in January 2024. In addition, the Co-ordinating Committee has appointed a Deputy Chair 
and  a  Secretary.  The  Deputy  Chair's  role  is  to  ensure  continuity  in  the  absence  of  the  Chair,  while  the 

11 

 
 
 
the  NAFCS  encountered  some  delays,  as  the  meetings  of  the  Co-ordinating  Committee  did 
not occur in the second half of 2023 as planned80. 

Organisational  and  legislative  measures,  including  amendments  to  the  criminal  code 
and hiring of additional  prosecutors, were adopted in 2023 to improve the capacity of 
investigative authorities and the Attorney General office. The 2023 Rule of Law Report 
recommended  to  Malta  to  ‘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’81. In 2023, the Financial Crimes Investigation Department (FCID) relied 
on 96 officials in total (compared to 88 in 2022), with a total budget of around EUR 6 474 
000  (i.e.  a  reduction  of  about  5%  compared  to  2022),  with  an  increase  for  its  staff 
emoluments82. The EPPO investigated 6 corruption cases, which accounts for around 21% of 
the  total  number  of  EPPO  cases  (in  Malta)83.  To  improve  the  capacity  of  investigative 
authorities84  and  the  Attorney  General  office85,  additional  prosecutors  were  hired86,  some 
amendments  to  the  criminal  code  were  adopted  with  the  aim  to  improve  the  operational 
cooperation  among  the  members  of  the  Financial  Crime  Task  Force  (FCTF)87,  and  some 
criminal  legislation  reforms  are  planned88.  In  2023,  the  FCID  initiated  24  investigations  on 

Secretary is responsible for all administrative matters related to the Committee. Information received in the 
context of the country visit to Malta from IAID. 

80   Action  continued  in  relation  to  NAFCS  action  points  6  (training),  13  and  14  (Central  Documentary 
Repository System Strategy). Written contribution from the Ministry of Justice in the context of the country 
visit  to  Malta.  Regular  monitoring,  evaluating  and  reporting  are  essential  if  a  national  anti-corruption 
strategy  is  to  have  its  desired  effect.  Monitoring  provides  data  on  the  strategy’s  progress  over  time  in 
achieving its objectives. UNODC National Anti-Corruption Strategies, A Practical Guide for Development 
and Implementation (2015). Also, regular monitoring and reporting allows authorities to gauge progress in 
implementation  and  achieving  results  in  curbing  corruption  (as  per  the  UNODC/UNDP  supported  Kuala 
Lumpur Statement on Anti-Corruption Strategies, 2013). 

81   2023 Rule of Law  Report, Country Chapter on the  rule of law situation in Malta, p. 2. In 2023 Malta has 
made 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  recommendation  made  in 
2022 Rule of Law Report.  

82   The  total  budget  for  the  FCID  in  2022  was  EUR  6  826  380,  with  staff  emoluments  of  EUR  3  455  982 
(compared to EUR 4 147 910 for 2022). Written contribution from the Maltese Government in the context of 
the country visit to Malta.  

83   EPPO, Annual Report 2023, p. 45. 
84   According  to  the  EPPO,  officers  seem  overwhelmed  with  national  investigations,  which  take  priority 

(contribution from EPPO for the 2024 Rule of Law Report, Annex, p. 39).  

85   As  mentioned  above,  from  July  2023  to  February  2024,  8  new  prosecutors  joined  the  Attorney  General 
Office (reaching 69 prosecutors in total); an office reorganisation was completed, and  a 2-year project was 
initiated  to  improve  the  capacity  and  effectiveness  of  the  Attorney  General  office  in  investigating  and 
adjudicating corruption cases. Input from Malta for the 2024 Rule of Law Report, p. 20.  

86   Other  measures  were  the  following:  a  new  FCID  investigative  team;  a  further  transfer  of  cases  from  the 
Police force to the Attorney General office; the reorganisation of the Attorney General office; and a  project 
to improve effectiveness to  the Attorney General office. Information received in the context of the country 
visit to Malta. 

87   The Financial Crime Task Force (FCTF) was set up in 2020 to facilitate the joint investigation, to pursue and 
prosecute high-profile and complex money laundering cases, including those connected with serious criminal 
(predicate)  offences  such  as  corruption  and  bribery.  The  FCTF  is  composed  of  representatives  from  the 
FIAU, the Malta Police and the Malta Security Services, and other authorities (such as the Office of the Attorney 
General, the Commissioner for Revenue and Customs), assist the FCTF in its work. Input from Malta for the 
2024 Rule of Law Report, p. 30. 

88   A public consultation was launched to address reforms in criminal committal proceedings, which are planned 
to be submitted to the Cabinet of Ministers before the summer, aiming to enhance the efficiency and fairness 

12 

 
 
 
corruption;  and  2  cases  were  adjudicated.  In  2023,  scandals  involving  senior  executive 
officers relating to alleged corruption in three separate cases (related to the issuing of driving 
licenses;  the exchange of social benefits  for votes;  and hospitals  concessions), were widely 
reported in the press and charges have been pressed in all three cases89. In May 2024, in the 
latter hospitals case, following the conclusion and recommendations of a magisterial inquiry, 
the  Attorney  General  pressed  charges  for  financial  crimes  and  corruption  against  39 
individuals, legal persons and senior public officials (including former Ministers, the former 
Prime  Minister  and  his  Chief  of  Staff)90;  and  the  case  is  pending  in  front  of  the  judicial 
authorities91.  For  2023,  the  length  of  investigations  remained  problematic92,  and  there  has 
been  no  progress  on  delivering  final  judgements  on  high-level  cases  of  corruption93. 
Therefore,  in  view  of  the  actions  taken  to  improve  the  capacity  of  the  investigative  and 
prosecution  authorities,  some  progress  has  been  made  on  the  recommendation  made  in  the 
2023  Rule  of  Law  Report  related  to  the  length  of  investigations  of  high-level  corruption 
cases,  whereas  no  progress  has  been  made  on  establishing  a  robust  track  record  of  final 
judgments.  

Human and financial resources to the Permanent Commission Against Corruption have 
been increased, although the impact on its capacity to achieve tangible results is still to 
be  seen94.  The  PCAC  operates  with  three  Commissioners  (engaged  on  a  part-time  basis 

of  the  criminal  committal  proceedings.  In  tandem,  the  Government  is  working  on  drafting  legislation 
intended  to  reform  the  system  of  inquests  procedures  and  have  the magisterial  inquiries  absorbed  into  the 
functions of the Attorney General office. Written contributions from the Ministry of Justice in the context of 
the country visit to Malta. 

89   Media reports appeared in the course of 2023 and 2024 on The Malta Independent (Criminal charges filed in 
connection with hospitals inquiry), Times of Malta (Who’s who: The people and businesses facing charges 
linked to hospitals deal It's a long list of people with a long list of alleged crimes), Lovin Malta (Transport 
Malta Driving License Whistleblower Allegedly Deported After Permit Gets Revoked; At Least €60 Million: 
Here’s  How  Much  The  Key  Vitals  Players  Siphoned  Off  From  Concession)  and  Organized  Crime  and 
Corruption  Reporting  Project  (Emails  Show  How  Millions  Flowed  to  ‘Political  Consultants’  in  Malta 
Hospital Corruption Case; Malta Charges Ex PM and His Top Officials with Corruption). 

90   Input  from  Malta  for  the  2024  Rule  of  Law  Report,  p.  38.  The  State  Advocate  office  indicates  that  no 
national civil action was taken yet to recover the public funds involved in these cases, and that  arbitration 
proceedings  have  been  instituted  before  the  International  Chamber  of  Commerce  (whose  proceedings  are 
governed  by  confidentiality),  where  the  Government  has  claimed  reimbursement  of  funds,  among  other 
claims. Information received from Attorney General and State Advocate in the context of the country visit to 
Malta. Among other media outlets, Times of Malta (Vitals inquiry: AG files charges against Muscat, Mizzi, 
Schembri  and  others),  The  Malta  Independent  (Muscat  to  be  charged  with  bribery,  corruption  and  money 
laundering) and Malta Today (Muscat to be charged with money laundering, bribery and corruption). Civil 
society expressed serious concerns over these cases. See written contributions from Daphne Caruana Galizia 
Foundation in the context of the country visit to Malta.  

91   The  Court  of  Magistrates  (Criminal  Inquiries)  held  sittings  for  the  compilation  of  evidence  against  the 
accused  individuals  on 28 and  29 May. Follow up sittings were held in June and will continue throughout 
July. Written contribution from the Ministry of Justice in the context of the country visit to Malta. 

92   Several NGOs deplore also that, despite powers vested by the law, the Attorney General office does not take 
up cases under long-lasting magisterial inquiry, with the inability for the victims to file a fast-track motion or 
appeal. Information received from Repubblika and Daphne Caruana Galizia Foundation in the context of the 
country visit to Malta. In April 2023, the Minister of Justice declared that the number of pending magisterial 
inquiries stands at 1 698 and one of those inquiries goes back to 1979; see Times of Malta (2023), Nearly 
1,700 magisterial inquiries are pending, one since 1979.  

93   There is no information on final judgements on high-level cases of corruption.  
94   NGOs criticised the ineffectiveness of the PCAC in the context of the country visit to Malta. 

13 

 
 
only)95  supported  by  one  administrative  officer  (with  a  plan  to  hire  four  additional 
administrative  officials  in  2024)96,  although  international  standards  require  anti-corruption 
agencies  to  have  adequate  and  reliable  specialised  staff97.  The  case-management  system  is 
not  in  place  yet,  and  a  standard  operating  procedure  is  under  preparation98.  For  2024,  the 
PCAC  estimates  costs  of  EUR  180  000  (compared  to  150  000  for  2023)99,  with  a 
commitment  to  further  increase  its  financial  and  human  resources100.  While  the  PCAC 
presents  its  annual  activity  report  to  the  President  of  Malta,  there  is  no  other  oversight 
mechanism  in  place101.  The  PCAC  did  not  receive  any  reports  of  corruption  in  2023102. 
Regarding the two cases received in 2022, the first case remains pending due to shortage of 
specialised staff103, and the second was terminated for lack of evidence104. The PCAC has not 
so far transmitted any case to the Attorney General office for prosecution105. 

Resources improved and the implementation of integrity measures in the public service 
continues,  including  for  police  officers  and  judges,  despite  some  criticism.  In  2023,  the 
Public  Service  Commission  (PSC)  increased  its  staff106,  and  budget107,  and  some  integrity 
measures and procedures for public officers were improved108. Integrity training continues to 
be provided to public officials109. In 2023, the Public Service Commission issued disciplinary 
sanctions in 59 cases (a 60% increase compared to 2022), while 63 new cases were treated at 

95   2 PCAC Commissioners were reappointed in 2023 (until 2028), and the mandate of the third Commissioner 

ends in September 2024. Written contribution from PCAC in the context of the country visit to Malta. 

96   The  4  new  officers  will  be  tasked  with  administrative,  digital  or  outreach  tasks.  PCAC  has  no  in-house 
investigators or data analysts. Written contribution from PCAC in the context of the country visit to Malta. 
97   See  UNDP/UNODC,  Jakarta  Statement  on  Principles  for Anti-Corruption  Agencies,  as  well  as  UNODC, 

United Nations convention against corruption. 

98   In line with the RRP, a budgetary and human resources plan, as well as a number of operational reforms, are 

expected to be implemented by the end of 2024.  

99   The estimated total budget for 2024 is EUR 500 000 (written contribution from PCAC in the context of the 

country visit to Malta). 

100  The Ministry for Finance plans to increase the PCAC budget up to EUR 500 000 during 2024, as to cover 
operational costs, including the recruitment of additional staff (notably a senior manager, a manager, and 2 
assistant managers). Written contribution from PCAC in the context of the country visit to Malta. 

101  In  accordance  with  the  UNDP/UNODC  supported  Jakarta  Statement  on  Principles  for  Anti-Corruption 
Agencies  (ACAs),  it  is  essential  that  ACAs  comply  with  auditing  standards,  which  strengthen  the 
accountability of top ACA managers.  

102  Written contribution from PCAC in the context of the country visit to Malta. 
103  The case is paused due to a transcriber illness, which shows the low level of resources available to the PCAC 

(written contribution from PCAC in the context of the country visit to Malta). 

104  Closed cases continue to be sent for information to the Minister of Justice. Information received from PCAC 

in the context of the country visit to Malta. 

105  PCAC has never challenged any decision by the Attorney General not to prosecute a case of corruption. In 
March 2024, GRECO recommended to reform criminal investigation and prosecution of top-level officials. 
GRECO, Fifth Evaluation Round Second Compliance Report.  

106  Total personnel of 16 officers. 
107  Total budget for 2023 is EUR 728 000 (written contribution from PSC in the context of the country visit to 

Malta). 

108  The  PSC  Disciplinary  Regulation  and  the  Directive  16  entered  into  force  between  October  2023  and 
February 2024, and the Manual on discipline for Public Service was updated in 2023. Written contribution 
from  PSC  in  the  context  of  the  country  visit  to  Malta,  and  input  from  Malta  for  the  2024  Rule  of  Law 
Report, p. 33. 

109  In  2023,  integrity  training  was  provided  to  public  officials.  Input  from  Malta  for  the  2024  Rule  of  Law 

Report, pp. 31 and 33. 

14 

 
 
local  department  level110.  The  Police  Evaluation  Board  treated  116  demands  for  outside 
activities  in  2023  (compared  to  95  in  2022111),  and  integrity  measures  continue  to  be 
implemented112, despite some criticism raised113. Members of the judiciary follow training on 
ethics114, and are bound to a code of ethics115. 

Ethics rules continue to apply to members of Parliament, while those for high-ranking 
officials were reviewed, and concerns remain regarding the extent of integrity measures 
applied to persons of trust. In October 2023, the OECD adopted a fifth and last report with 
recommendations  on  improving  the  integrity  and  transparency  framework  for  elected  and 
appointed officials. These recommendations come in addition to those issued by the OECD 
for  strengthening  the  office  of  the  Commissioner  for  Standards  in  Public  Life  and  the 
standards  in  public  life  act;  the  codes  of  ethics  for  Ministers  and  members  of  Parliament; 
asset and interest declarations; and the lobbying measures116. So far, the actions suggested by 
the  OECD  have  not  yet  been  implemented117.  In  2023,  the  Commissioner  for  Standards  in 
Public Life office examined five cases of ethical misconduct involving MPs and Ministers118. 
Although  in  2023  the  Government  revised  some  measures  applied  to  high-ranking 
officials119,  including  to  extend  conflict  of  interest rules  to  cover  persons  of  trust,  concerns 

110  According to the PSC, the compliance checks showed on hiring procedures a positive improvement, and the 
PSC is supporting public institutions to solve remaining shortcomings (written contribution from PSC in the 
context of the country visit to Malta). 

111  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 13. 
112  In  2023, 9  complaints  on  corruption  were  filed  against  police  officers. A  corruption prevention  training  is 
available  to  police  officers,  as  well  as  an  internal  channel  to  report  professional  misconduct.  The 
Professional Standards Office investigated 175 cases (3 cases remained pending before local courts; 1 case 
was referred to the PSC; 38 cases resulted in minor disciplinary actions; 2 cases resulted in suspension, and 2 
cases resulted in resignations following investigation), and the Police Disciplinary Appeals Board issued 97 
decisions (compared to 156 in 2022), and held 10 hearings (compared to 15 in 2022). Input from Malta for 
the 2024 Rule of Law Report, pp. 25 and 35. 

113  Written contribution from Malta Police in the context of the country visit to Malta. In its Report of March 
2024, GRECO concluded that previous recommendations were only partly implemented (namely on the anti-
corruption strategy for the police; selection procedures based on merit; stricter rules on outside activities; a 
Police Complaints Board adequately equipped; improve the internal whistleblowing mechanism). GRECO, 
Fifth Evaluation Round, Second Compliance Report. 

114  In  2023,  the  Judicial  Studies  Committee  (JSC)  organized  10  training  sessions  to  the  members  of  the 

judiciary. Input from Malta for the 2024 Rule of Law Report, p. 18. 

115  Impartiality, integrity, and independence are key principles enshrined in the Code of Ethics for Members of 

the Judiciary (of 2010).  

116 The 5 reports issued by the OECD provided recommendations for reforming the office of the Commissioner 
for Standards in Public Life, the standards in public life act; the codes of ethics for Ministers, parliamentary 
Secretaries  and  MPs;  the  asset  and  interest  declarations  for  elected  and  appointed  officials;  and  lobbying 
measures. According to the Government, the project is linked to the anticorruption recommendations issued 
following the public inquiry into the assassination of journalist Daphne Caruana Galizia.  See above p. [10]. 
Information received from Ministry of Justice in the context of the country visit to Malta. 

117  Information  received  from  Ministry  of  Justice  in  the  context  of  the  country  visit  to  Malta.  NGOs  remain 
attentive  on  the  issue  (contribution  from  Repubblika  for  the  2024  Rule  of  Law  Report,  p.  18;  written 
contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 15). 
118  One  case  was  not  retained;  another  was  referred  to  the  Standards  Committee  for  its  consideration  (which 
remains  pending),  and  three  cases  were  closed  based  on  the  apology  from  the  MP  or  Minister  involved. 
Reports are published on the Commissioner’s webpage. 

119  According  to  the  Manual  on  Resourcing  Policies  and  Procedures  (revised  in  March  2023),  all  employees’ 
outside  activities  must  be  approved  in  writing.  With  the  term  ‘person  of  trust’  is  generally  understood  as 
referring to political appointees. See also Commissioner for Standards in Public Life, ‘Who Are Persons of 
Trust? A Guidance Note’ (revised 28 April 2021). 

15 

 
 
remain as regards the extent of integrity measures applied to them120. The Commissioner for 
Standards  in  Public  Life’s  office  expects  all  members  of  Parliament  to  file  their  asset 
declarations by mid-2024121. Although concerns remain in terms of limited inclusivity of the 
modified procedure to appoint the Commissioner for Standards in Public Life122, also in light 
of relevant international standards123, the Government does not intend to change it124.  

Public  authorities  comply  with  audit  recommendations,  while  some  concerns  remain 
regarding  the  transparency  of  public  funds  by  political  parties.  In  2023,  the  National 
Audit  Office  (NAO)  continued  to  audit  the  use  of  public  funds  by  institutions125.  In 
December  2023,  the  NAO  published  its  five-year  strategy,  focusing  on  enhancing 
accountability  and  transparency  in  Government126.  Despite  some  minor  delays  in  obtaining 
relevant  documentation  from  audited  entities127,  the  NAO  activity  report  shows  that  public 
authorities comply with NAO recommendations in about 72% of the cases128. For 2023, the 
Internal  Audit  and  Investigations  Department  (IAID)  continued  to  conduct  internal 
inspections  of  ministerial  departments,  with  some  additional  human  resources129  although, 
due  to  lack  of  staff,  IAID  subcontracts  some  audits  to  private  firms130.  While  the  financial 

120  In its Report of March 2024, GRECO concluded that its previous 5 recommendations  remained only partly 
implemented  (namely  to  limit  the  number  of  persons  of  trust;  submit  them  to  standards  of  integrity, 
considering  conflict  of  interests,  with  clear  solutions)  and  8  recommendations  remained  non-implemented 
(to reform the Commissioner on Standards in Public Life; to improve measures on lobbying; increase limits 
to outside activities; submit persons of trust to declaration of assets, with sanctions; improve use of evidence 
in  adjudicating  corruption  cases).  GRECO,  Fifth  Evaluation  Round,  Second  Compliance  Report. 
Compulsory training on integrity continued to be given to public employees throughout 2024. Point 1.4.1 (c) 
of Directive No. 16 includes all persons on a contract of employment within the Public Administration under 
the definition of ‘public employees’. Written contribution from the Ministry of Justice in the context of the 
country visit to Malta. 

121  Information received from Commissioner for Standards in Public Life in the context of the country visit to 

Malta. 

122  Several  NGOs  raised  concerns  on  the  independence  and  effectiveness  of  the  Commissioner’s  office. 

Contribution from Repubblika for the 2024 Rule of Law Report, p. 19. 

123  Good  practice  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.  See  mutatis  mutandis  UNDP/UNODC,  Jakarta  Statement  on  Principles  for  Anti-
Corruption Agencies  (2012),  and  Venice  Commission  opinion  (CDL-AD(2019)015-e).  2023  Rule  of  Law 
Report, Country Chapter on the rule of law situation in Malta, p. 13. 

124  Information received from Ministry of Justice in the context of the country visit to Malta. 
125  In  2023,  NAO  completed  28  audits  (compared  to  63  in  2022),  with  no  detection  of  corruption.  It  has  a 
budget of around EUR 4 200 000. The results of inspections by the NAO are published on its webpage. 
126 The 5-year strategy launched by NAO in 2023 aims at improving the impact of audits, through technology-
driven inspections and actionable recommendations. Information received from NAO in the context of the 
country visit to Malta, and input from Malta for the 2024 Rule of Law Report, p. 28. 

127  NAO,  Annual  Audit  Report  Public  Accounts  2022,  p.  4.  Relevant  international  standards  indicate  that 
supreme audit institutions should have ‘unfettered access to all the necessary information’ (see International 
Organization  of  Supreme  Audit  Institutions  -  INTOSAI,  Lima  declaration  on  Guidelines  on  Auditing 
Precepts, and Mexico declaration on Supreme Audit Institutions Independence).  

128  NAO, 2023 annual activity report. 
129 9 new officers joined IAID in early 2024 (reaching a total of 32 officials). IAID performed 4 internal audits, 
and 6 investigations (including one report transmitted to OLAF and one to EPPO). Input from Malta for the 
2024 Rule of Law Report and information received from IAID in the context of the country visit to Malta. 

130  Information received from IAID in the context of the country visit to Malta. 

16 

 
 
reports  submitted  by  political  parties  are  published131,  in  light  of  relevant  international 
standards NGOs raised concerns on the lack of publication  by the Electoral Commission of 
the  audit  reports  on  the  funds  of  political  parties  since  2019132,  and  there  is  still  no 
information  available  on  the  examination  of  allegations  of  mismanagement  of  funds  by 
political parties133.  

New tools for whistleblowing are under preparation, though there is no data available 
on the functioning of the existing mechanism, and some concerns were raised as regards 
its  effectiveness.  Work  is  ongoing  to  develop  a  new  database  and  tools  to  process 
whistleblowing reports134. As for existing tools, there is no information available yet on the 
number  or  types  of  whistleblowing  reports  on  corruption  received  or  investigated  by  the 
public authorities, nor data on the use of the infoline that was launched in 2022135. The PCAC 
has  never  issued  a  whistleblower  protection  order136.  Civil  society  organisations  raised 
concerns over the lack of acceptance by competent authorities of anonymous reporting137. 

Although preventive measures exist, National Audit Office reports indicate that public 
procurement  procedure  is  a  sector  at  high  risk  of  corruption.  Businesses’  attitudes 
towards corruption in the EU show that 26% of companies in Malta (EU average 27%) think 
that  corruption  has  prevented  them  from  winning  a  public  tender  or  a  public  procurement 
contract in practice in the last three years138. In its 2023 activity reports, relative to activities 
occurred  in  2022,  the  NAO  indicated  the  lack  of  compliance  with  public  procurement 

131 The financial reports filed by political parties are published on the website of the Electoral Commission of 

Malta. 

132  Electoral  Commission  of  Malta  webpage.  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Malta, p. 15. Written contribution from Daphne Caruana Galizia Foundation in the context of the 
country  visit  to  Malta,  p.  21. According  to  relevant  international  standards,  States  should  require  political 
parties  regularly  to  make  public  the  accounts  (see  Recommendation  Rec(2003)4  of  the  Committee  of 
Ministers  of  the  Council  of  Europe).  The  financial  reports  filed  by  political  parties  are  forwarded  to  the 
Electoral Commission’s appointed financial advisers, for their review and remarks.  Issues or discrepancies 
which are flagged by the financial advisers are referred to the respective political parties for their comments 
and possible  further  necessary  remedial  action. The  explanations  and,  where relevant, any updated  reports 
given  by  the  political  parties,  are  referred  back  to  the  financial  advisers  for  their  consideration.  If  the 
advisers consider the explanations given by the political parties to be satisfactory, the matter is considered as 
settled. If any Financial Statements or Donations Reports have been updated and are considered acceptable 
by  the  financial  advisers,  the  said  statements  and  reports  are  uploaded  on  the  website  of  the  Electoral 
Commission in replacement of the statements or reports published originally. Written contribution from the 
Ministry of Justice in the context of the country visit to Malta. 

133  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15.  
134  The database is expected for the end of 2024 (as per the RRP) and the tools from 2025. Information received 
from Ministry of Justice in the context of the country visit to Malta and input from Malta for the 2024 Rule 
of Law Report, p. 34. 

135  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. Information received 
in  the  context  of  the  country  visit  from  Daphne  Caruana  Galizia  Foundation,  Repubblika  and  Aditus 
Foundation. 

136  Information received from PCAC in the context of the country visit to Malta. 
137  Information  received  from  Daphne  Caruana  Galizia  Foundation,  Repubblika  and Aditus  Foundation  in  the 
context of the country visit to Malta. 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.  According  to  the  UNODC  Technical  Guide  to  the  United  Nations  Convention 
Against  Corruption  (2009),  States  may  bear  in  mind  the  importance  of  promoting  the  willingness  of  the 
public to report on corruption. 

138  Flash  Eurobarometer  543  on  Businesses’  attitudes  towards  corruption  in  the  EU  (2024).  This  is  one 

percentage point below the EU average. 

17 

 
 
regulations  among  the  five  main  weaknesses  encountered  during  the  audits  and  that 
deviations were pervasive139 and, according to the NAO, public procurement departments use 
direct  order  procedures  too  frequently140.  In  2023,  the  department  of  public  procurement 
developed  an  internal  database  of  conflict  of  interests’  declarations141.  Public  officials 
continue  to  follow  training  on  the  anti-corruption  strategy,  and  on  integrity  standards  in 
public procurement142.  

Malta’s  investor  citizenship  scheme  continues  to  raise  serious  concerns.  Investor 
citizenship  schemes  present  inherent  risks  of  corruption143.  In  March  2023,  the  European 
Commission  referred  Malta  to  the  Court  of  Justice  of  the  European  Union  for  its  investor 
citizenship scheme in  light  of the scheme’s incompatibility  with  EU law on EU citizenship 
and  the  principle  of  sincere  cooperation.  The  case  is  currently  pending  before  the  Court  of 
Justice144.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Freedom  of  expression  is  enshrined  in  the  Constitution  of  Malta145  and  in  the  European 
Convention Act. The Media and Defamation Act 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 
functions146. The Freedom of Information Act establishes the legal framework for access to 
information held by public authorities147.  

The  Committee  of  Experts  on  Media  delivered  its  final  report  in  July  2023 
recommending  several  measures  to  improve  the  media  landscape  and  safety  of 
journalists. The 2023 Rule of Law Report recommended to Malta to ‘adopt legislative and 
other  safeguards  to  improve  the  working  environment  of  journalists,  taking  into  account 
European  standards  on  the  protection  of  journalists’148.  The  Committee  of  Experts  on 
Media149 delivered its final report in July 2023150. The Government tabled the Committee’s 
report  in  Parliament  in  October  2023,  simultaneously  announcing  that  it  would  publish  a 

139  NAO, 2023 annual audit report, relative to activities occurred in 2022, pp. 5 and 57. 
140 Information received from NAO in the context of the country visit to Malta. In its 2023 audit report, relative 
to activities occurred in 2022, NAO indicates that in 2022 four direct orders were not duly approved by the 
relevant Ministry, and that in one particular instance, the purchase was split in three parts within the same 
month. Follow-up Audits Report 2023, relative to activities occurred in 2022, Volume I, p. 17. 

141  The database aims to track and verify the declarations filed procuring officers. Input from Malta for the 2024 

Rule of Law Report. 

142  Information received from NAO in the context of the country visit to Malta.  
143  See  European  Commission,  Report  on  Investor  Citizenship  and  Residence  Schemes  in  the  EU,  where  the 
Commission  has  been  monitoring  wider  issues  of  compliance  with  EU  law  raised  by  investor  citizenship 
schemes. 

144  The Commission referred Malta to the Court of Justice of the European Union on 21 March 2023, European 

Commission v Republic of Malta, Case C‑181/23. 

145  Constitution of Malta, Article 41. 
146  Constitution of Malta, Articles 118 and 119. 
147  Malta ranks 73rd in the 2024 Reporters without Borders World Press Freedom  Index compared to 84th the 

previous year. 

148  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
149 Maltese Government, Establishment of a Committee of Experts on Media, 3 January 2022. The publication 

of the Committee’s final report occurred after several delays. 

150  Committee of Experts on the Media Sector, Final Report of 24 July 2023.  

18 

 
 
White  Paper  on  media  issues  to  ensure  widespread  consultation151.  In  tandem,  the 
Government  announced  to  publish  the  national  measures  transposing  the  anti-SLAPP 
Directive152 by the end of July153. The report of the Committee of Experts proposed a number 
of  amendments  to  the  bills  previously  tabled  and  subsequently  put  on  hold  by  the 
Government,  including  amendments  to  the  Constitution  of  Malta,  the  Criminal  Code,  the 
Code  of  Organisation  and  Criminal  Procedure  and  the  Media  and  Defamation  Act154.  The 
report also made several other recommendations related to aspects of the media landscape in 
Malta,  such  as  establishing  a  system  to  ensure  transparent  public  funding  of  media  houses 
and  state  advertising,  reforming  the  framework  regulating  access  to  public  information, 
enshrining the protection of journalistic sources in the Constitution, and appointing an ad hoc 
committee to prepare concrete reforms of public service broadcasting. Moreover, the report 
made  a  number  of  observations  in  relation  to  the  numerous  financial  challenges  facing  the 
media.  Civil  society  organisations  have  continued  to  point  out  that  the  process  has  not 
involved proper public consultation155 and underlined that the Committee of Experts’ report 
did not propose tangible solutions to certain critical issues156. The Media Pluralism Monitor 
2024  considers  that  the  overall  risk  level  for  the  fundamental  protection  area  has  increased 
from low risk to medium risk, highlighting the stalled legislative process, the high incidence 
of SLAPP cases and frequent smear campaigns157. Therefore, some progress has been made 
on the recommendations made in the previous years.  

There  have  been  no  developments  to  secure  transparent  criteria  for  the  allocation  of 
public  funding  for  media  outlets  nor  for  the  allocation  of  state  advertising.  The  legal 
standing  of  the  guidelines  on  government  advertising  and  promotional  material  adopted  by 
the  office  of  the  Commissioner  for  Standards  in  Public  Life158  has  been  contested  by 
Parliament’s Standards Committee159. The allocation of public funds to certain media outlets 
continues  to  be  based  on  ad  hoc  support  schemes  designed  to  limit  the  impact  of  rising 
costs160. The lack of a legal framework stipulating the criteria used for these schemes and for 
the distribution of state  advertising provides  room  for abuse while certain media outlets,  in 
particular  more  recent  ones,  appear  to  be  entirely  excluded  from  such  schemes161.  In 
December 2023, the Association of Media Owners, the first-ever official lobby group in the 
Maltese market  for print  and digital media  organisations, was  established by the six  largest 

151  The White Paper had not been published at the time of publication of this report.  
152  Directive  (EU)  2024/1069  of  the  European  Parliament  and  of  the  Council  of  11 April  2024  on  protecting 
persons who engage in public participation from manifestly unfounded claims or abusive court proceedings. 

153  Written contribution from the Maltese Government in the context of the country visit to Malta. 
154  See 2022 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 16. 
155  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 16-17. 
156  Written contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 
7, and contribution from Repubblika for the 2024 Rule of Law Report, which point out that, among others, 
the  Committee’s  final  report  fell  short  of  proposing  tangible  measures  in  relation  to  public  service 
broadcasting, the Freedom of Information Act and public funding to media.   

157  Media Pluralism Monitor 2024 report on Malta, pp. 11-13. 
158  See 2021, 2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta. 
159  Written contribution from the Commissioner for Standards in Public Life in the context of the country visit 
to Malta, p. 10. The Commissioner recommended the recasting of the guidelines as rules to be incorporated 
in the Ministerial Code of Ethics but no decision has been taken on the matter by the Standards Committee. 
160  The two existing schemes distributed around EUR 500 000 per year over two years and EUR 150 000 to the 

owners of Malta’s six newspaper publishers.  

161  Written contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 
9, and contribution from Repubblika for the 2024 Rule of Law Report; Information received from Reporters 
Without Borders (Malta) and the Institute of Maltese Journalists in the context of the country visit to Malta.  

19 

 
 
media  companies,  two  of  which  are  owned  by  the  two  largest  political  parties.  MPM  2024 
points  out  that  ‘there  is  no  single  or  easily  accessible  source  to  scrutinize  government 
spending on advertising in the media … [and that] most editors added that public advertising 
money was distributed and granted or withheld in an arbitrary and abusive way’, maintaining 
an  unchanged  medium  risk  score  for  this  area162.  Furthermore,  there  have  been  no 
the  Broadcasting  Authority163  and  media  ownership 
developments  with  regard 
transparency164.  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  overrule  mergers  and  acquisitions  in  this  domain.  Given  the  nature  of  the 
Maltese media market165, 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 
high risk166. 

to 

There  has  been  no  progress  with  regard  to  adopting  safeguards  to  improve  access  to 
official  documents.  The  2023  Rule  of  Law  Report  recommended  to  Malta  to  ‘adopt 
legislative  and  other  safeguards  to  improve  …  access  to  official  documents,  taking  into 
account  European  standards  on  access  to  official  documents’167.  An  external  study 
commissioned  by  the  Government  to  review  the  issue  has  recommended  the  creation  of  an 
integrated e-management system168. However, no steps have been taken and there appear to 
be  no  plans  to  adopt  safeguards  to  improve  access  to  documents  either  via  a  review  of  the 
Freedom of Information Act itself or via an analysis of its implementation in practice. NGOs 
and organisations representing journalists confirm that civil society and journalists continue 
to  face  numerous  obstacles  and  delays  when  requesting  public  information169.  For  these 
reasons MPM 2024 has reviewed its risk score from medium risk to high-risk score for this 
area referring to the absence of reform, arbitrary delays and the tendency by government to 
ignore  critical  media170.  Therefore,  no  progress  has  been  made  on  this  part  of  the 
recommendations made in the previous years. 

There  has  been  no  progress  to  enhance  the  independent  governance  and  editorial 
independence  of  public  service  media.  The  2023  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’171. The final report of the Committee of Media Experts recommended 
the  appointment  of  an  ad  hoc  committee  to  analyse  the  current  situation  and  to  propose 
reforms  to  strengthen  public  broadcasting  in  a  way  to  ensure  its  objectivity,  independence, 
impartiality,  and  accountability  but  no  steps  have  been  taken  by  the  Government  in  this 

162  Media Pluralism Monitor 2024 report on Malta, p. 22. 
163  See 2020, 2021, 2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Malta.  
164  Ibidem. 
165  Ibidem.  
166  Media Pluralism Monitor 2024 report on Malta, p. 15. 
167  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 
168  The Final Report of the Committee of Experts on the Media Sector of 24 July 2023 makes reference to this 
external  study. Also,  information  received  from  the  Information  and  Data  Protection  Commissioner  in  the 
context of the country visit to Malta. The study itself, however, has not been made available.  

169  Information  received  from  Reporters  Without  Borders  (Malta),  the  Institute  of  Maltese  Journalists  and 

Repubblika in the context of the country visit to Malta. 
170  Media Pluralism Monitor 2024 report on Malta, p. 12. 
171  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. See also 2022 Rule of 

Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 

20 

 
 
regard172. 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 year173. Therefore, no progress has been made on the recommendations 
made in the previous years174.  

Journalists continue to face challenges in the exercise of their profession. Journalists, the 
Institute  of  Maltese  Journalists,  the  Association  of  Media  Owners  as  well  as  civil  society 
organisations  underline  that  economic  constraints  are  now  seriously  exacerbating  problems 
highlighted  in  previous  reports175.  Civil  society  organisations  consider  that  the  absence  of 
convictions, to date, for the mastermind or masterminds behind the assassination of Daphne 
Caruana  Galizia  and  for  the  high-level  corruption  which  Daphne  Caruana  Galizia  was 
reporting  on  in  the  years  prior  to  her  assassination  constitutes  a  chilling  effect  for 
investigative  journalists176.  MPM  2024  has  very  slightly  decreased  its  risk  score  within  the 
medium  risk  band  for  this  area,  as  it  points  out  that  the  Institute  for  Maltese  Journalists 
always responds, by way of statements, to direct attacks against journalists177. The Council of 
Europe Platform to promote the protection of journalism and the safety of journalists reported 
no new alerts relating to the safety of journalists since the publication of the last rule of law 
report178. 

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  rights.  The  Constitution  establishes  a  number  of  independent 
authorities, including the Office of the Ombudsperson179. 

While  there  have  been some  public  consultations  in  the  legislative  process,  there  is  no 
framework in place. The 2023 Rule of Law Report recommended to Malta to ‘[i]ntroduce a 
framework  for  public  participation  in  the  legislative  process’180.  As  indicated  in  previous 
Rule  of  Law  Reports,  there  are  no  established  rules  or  guidelines  regarding  public 

172  Committee of Experts on the Media Sector, Final Report of 24 July 2023, p. 15. 
173  Media Pluralism Monitor 2024 report on Malta, p. 22. 
174  According  to  the  European  Parliament’s  Flash  Eurobarometer:  News  &  Media  Survey  2023,  39%  of 
respondents in Malta stated that they trust public TV and radio stations, below the EU average of 48%.  
175  Written  contributions  from  Daphne  Caruana  Galizia  Foundation  (pp.  8-9),  Repubblika  and Association  of 
Media  Owners  in  the  context  of  the  country  visit  to  Malta.  Information  received  from  Reporters  Without 
Borders (Malta) and Institute of Maltese Journalists in the context of the country visit to Malta. 

176  Ibidem. 
177  Media Pluralism Monitor 2024 report on Malta, p. 12. 
178  Council of Europe, Platform to promote the protection of journalism and safety of journalists. 
179  Constitution of Malta, art. 64. 
180  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 2. 

21 

 
 
engagement in the drafting of legislation181. Consultations take place occasionally and on an 
ad  hoc  basis.  There  is  no  transparency  or  information  shared  publicly  about  how  the 
information gathered during a public consultation process is actually used182. This applies to 
the  legislative  initiatives  of  both  government  and  Parliament183.  The  authorities  explained 
that, in 2023, 62 public consultations were published and that the relevant website184 has been 
updated  to  render  it  more  accessible  and  user-friendly,  to  enhance  the  public  consultation 
process185. However, the  Maltese authorities and the stakeholders pointed  out  that there are 
no established rules or guidelines for public participation in the legislative process and that no 
steps have been taken to introduce them186. Stakeholders also reiterated that that key laws on 
matters  of  justice  and  law  and  order  are  rarely  released  for  public  consultation  before  their 
adoption187. As a structured procedure for public involvement in the legislative process is still 
lacking, only some progress has been made on the recommendation made in the 2023 Rule of 
Law Report. 

There  has  been  no  progress  yet  on  establishing  a  National  Human  Rights  Institution. 
The  2023  Rule  of  Law  Report  recommended  to  Malta  to  ‘[t]ake  measures  to  establish  a 
National  Human  Rights  Institution  taking  into  account  the  UN  Paris  Principles’188.  As 

181  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;  2023  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Malta, pp. 19-20.  

182  Written contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 

12. 

183  As mentioned in 2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 20-21, 
consultations of stakeholders by the government are subject to the discretion of the Ministry in charge and 
are inconsistent between Ministries as regards timing, format, and involvement of stakeholders; consultation 
of stakeholders by Parliament committees are subject to a decision by each Committee and is not systematic 
nor governed by clear rules. 

184  https://www.gov.mt/en/publicconsultation/Pages/default.aspx.  
185  Input from Malta for the 2024 Rule of Law Report, pp. 45-46. In particular, in 2023, the website underwent 
the  following  main  enhancements:  i)  Ministries’  representatives  can  now  communicate  with  the  public 
directly  from  the  portal’s  CRM  (Customer  Relationship  Management)/backend  system;  ii)  Statistics  are 
managed  entirely  through  the  portal;  iii)  The  entire  system  of  the  new  portal  has  been  made  more  user-
friendly; iv) Submissions made by the general public through alternative means (other than digitally  –  for 
instance  through postal  services  or  via  email)  can be  easily  integrated  into  the  CRM/backend  system.  See 
written contribution from the Maltese Government in the context of the country visit to Malta, pp. 3-4. 

186  Contributions  from Aditus  Foundation  (p.  27)  and  Repubblika  (p.  26)  for  the  2024  Rule  of  Law  Report; 
Written contributions from the Chambers of Advocates (p. 3) and Daphne Caruana Galizia  Foundation (p. 
12) in the context of the country visit to Malta. 

187  Contribution from Repubblika for the 2024 Rule of Law Report, p. 31. Aditus Foundation reiterated that the 
lack of stakeholder consultations persists and is exacerbated by the short timeframes given to stakeholders to 
respond to published consultations and by the extensive use of regulations and legal notices,  i.e. subsidiary 
laws drafted and brought into force by the relevant Minister in accordance with the enabling powers vested 
in the primary legislation. For legal notices to become law, no parliamentary debates or motions are required 
for their enactment (see contribution from Aditus Foundations for the 2024 Rule of Law Report, p. 28). In 
this regard, see also 2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 21. 
On the other hand, it is worth noting that, in Malta, only 7% of the surveyed companies perceive the frequent 
changes in legislation or concerns about quality of law-making process as a reason for the lack of confidence 
in the investment protection. Figure 56, 2024 EU Justice Scoreboard. 

188  See  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  2.  In  2023,  the 
Commission  concluded  that  ‘no  progress’ had  been  made  on  this  recommendation  already  included  in  the 
2022 Rule of Law Report, p. 2.  

22 

 
 
confirmed  by  stakeholders189,  since  July  2023,  no  steps  have  been  taken  to  establish  a 
national human rights institution (NHRI). The Government explained that two bills presented 
at Parliament in 2019190, aiming at establishing a NHRI in line with the UN Paris Principles, 
are  currently  under  revision  and  committed  to  publish  the  revised  version  for  public 
consultation in July 2024, prior to being tabled in Parliament in October 2024, after having 
taken into account the feedback received from the stakeholders191. Overall, there has been no 
progress yet on the recommendation made in the 2023 Rule of Law Report. 

The  Constitutional  Convention,  announced  in  2019  to  help  address  issues  concerning 
the appointment of constitutional bodies and the role of Parliament, remains stalled. As 
indicated  in  previous  Rule  of  Law  Reports192,  in  2019,  the  President  of  the  Republic 
announced his intention to launch a Constitutional Convention to address issues regarding the 
appointment  procedures  of  bodies193  and  the  role  of  Parliament194.  In  December  2023,  the 
former  President  of  the  Republic  admitted  that  the  process  of  launching  a  Convention  was 
stalled195. It will be up to the newly elected President196 to decide whether to reactivate it197.  

On 1 January 2024, Malta had 15 leading judgments of the European Court of Human 
Rights  pending  implementation,  the  same  number  as  the  previous  year.  At  that  time, 
Malta’s rate of leading judgments from the past 10 years that remained pending was at 57% 
(compared  to  45%  in  2023)  and  the  average  time  that  the  judgments  had  been  pending 
implementation  was  6  years  (compared  to  5  years  and  4  months  in  2023)198.  The  oldest 
leading 
implementation  for  16  years,  concerns  disproportionate 
restrictions  to  property  rights199.  As  regards  the  respect  of  payment  deadlines,  on  31 
December 2023 there were 6 cases in total awaiting confirmation of payments (compared to 1 
in 2022)200. On 1 July 2024, the number of leading judgments pending implementation had 
decreased to 14201. 

judgment,  pending 

189  Contribution  from Aditus  Foundation  for  the  2024  Rule  of  Law  Report,  p.  27;  Written  contribution  from 
Daphne  Caruana  Galizia  Foundation  (p.  12)  and  Office  of  the  Parliamentary  Ombudsman  (p.  2)  in  the 
context of the country visit to Malta. 

190  Bills No. 97 – Human Rights and Equality Commission Bill, and 96  – Equality Bill, both presented on 19 
July 2019. The Bill No. 97 has been last discussed in November 2019, the Bill No. 96 in November 2020. 

191  Written contribution from the Maltese Government in the context of the country visit to Malta, p. 29. 
192  2023 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 21; 2022 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  20;  2021  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Malta, p. 17. 

193  Such as the Electoral Commission, the Public Service Commission, the Broadcasting Authority, the Central 

Bank of Malta and the Information and Data Protection Commissioner. 

194  With particular reference to its ability to exert an effective check on governments. 
195  Times of Malta (2023), President was ‘prevented’ from furthering work on Constitutional reform.  
196  Ms Myriam Spiteri Debono was elected to the position of President of Malta on 27 March 2024 and assumed 

the office on 4 April 2024. 

197  Information received from the Maltese Government and from the Secretariat of the Parliament in the context 

of the country visit to Malta. 

198  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  2024.  See  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 6. 

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

pending implementation since 2006. 

200  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.  

201  Data according to the online database of the Council of Europe (HUDOC). 

23 

 
 
Uncertainty  persists  as  to  the  erga  omnes  effect  of  judgements  of  the  Constitutional 
Court,  as  it  is  up  to  Parliament  to  repeal  or  amend  laws  found  unconstitutional.  As 
indicated  in  previous  Rule  of  Law  Reports202,  according  to  the  constitutional  framework, 
judgments of the Constitutional Court lack universal applicability, allowing unconstitutional 
laws  to  remain  valid  until  Parliament  repeals  them203.  The  Venice  Commission  has 
highlighted  concerns  over  Parliament’s  inconsistency  in  adhering  to  Constitutional  Court 
rulings204. The authorities confirmed that no steps have been taken address this issue205. 

Efforts are ongoing to establish a supportive regulatory framework for the civil society 
sector.  The  civic  space  continues  to  be  assessed  as  ‘narrowed’206.  The  Office  of  the 
Commissioner for Voluntary Organisations continues to be engaged in consultations with key 
stakeholders to assess the status of the voluntary sector, including civil society, with a view to 
establish  a  regulatory  framework  for  CSOs.  A  report  presenting  conclusions  and 
recommendations is expected to be published in the next months207. In general, stakeholders 
report that funding is an ongoing problem for CSOs, which are called to operate with scant 
resources  and  unreliable  revenue  streams208.  Moreover,  they  raise  challenges  regarding  the 
Government’s overall lack of transparency and lack of positive engagement with CSOs209. It 
is  also  reported  that  the  public  narrative  surrounding  some  CSOs  tends  to  create  an 
atmosphere of distrust in those organisations210. 

202  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; 2023 Rule of Law Report, Country Chapter on the rule 
of law situation in Malta, p. 22. 

203  According  to  the  Maltese  authorities,  this  would  not  be  an  issue  for  two  main  reasons.  First,  judgments 
which find laws to be unconstitutional or in violation of the European Chart of Human Rights are sent by the 
Court Registrar to the Speaker of Parliament in order for Parliament to determine whether an amendment of 
the  law  is  necessary.  If  it  is  considered  necessary,  the  amendment  of  the  law  must  be  effected  within  6 
months from when the judgment became final. Second, because even though the Courts are not bound by 
precedent  Courts  do  not  arbitrarily  put  aside  principles  and  considerations  made  in  previous  judgments. 
Written contribution from the Maltese Government in the context of the country visit to Malta, pp. 32-33. 

204  Venice Commission opinion CDL-AD(2020)006, para. 80-84. 
205  Information received from the Maltese Government in the context of the country visit to Malta. 
206  See  the  rating  given  by  CIVICUS.  Ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed, 

obstructed, repressed and closed. 

207  Information received from the Office of the Commissioner for Voluntary Organisations in the context of the 

country visit to Malta. 

208  Written contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 
10; Contribution from Repubblika (p. 35) and Aditus Foundation (p. 33) for the 2024 Rule of Law Report; 
Information received from the Office of the Commissioner for Voluntary Organisations in the context of the 
country visit to Malta. 

209  Written contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, 

pp. 10-11.  

210  Cases  of  rhetorical  attacks  on  social  media  against  representatives  of  NGOs  have  been  reported.  Written 
contribution from Daphne Caruana Galizia Foundation in the context of the country visit to Malta, p. 11. 

24 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Aditus Foundation (2024), Contribution from Aditus Foundation for the 2024 Rule of Law Report. 

Association of Media Owners (2024), Written contribution from Association of Media Owners in the 
context of the country visit to Malta. 

Bill No. 96, Equality Bill. 

Bill. No. 97, Human Rights and Equality Commission Bill. 

Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia. 

Centre for Media Pluralism and Media Freedom (2024), Media Pluralism Monitor 2024. 

CEPEJ (2024), Study on the functioning of the of the judicial systems in the EU Member States. 

Chamber of Advocates (2024), Written contribution from Chamber of Advocates in the context of the 
country visit to Malta. 

Chief Justice (2023), Speech delivered on the occasion of the inauguration of the judicial year 2023-
2024, https://judiciary.mt/en/speeches-by-the-chief-justice/.  

Civicus, Monitor tracking civic space – Malta, https://monitor.civicus.org/country/malta/.  

Committee of Experts on the Media Sector (2023), Final Report of the Committee of Experts on the 
Media Sector. 

Commissioner  for  Standards  in  Public  Life  (2021),  Who  Are  Persons  of  Trust?  A  Guidance  Note 
(revised 28 April 2021). 

Commissioner for Standards in Public Life (2024),  Written contribution from the Commissioner for 
Standards in Public Life in the context of the country visit to Malta. 

Committee of Experts on Media (2023), Final Report of 24 July 2023. 

Council  of  Europe:  Committee  of  Ministers (2003), Recommendation  Rec(2003)4  on  common  rules 
against corruption in the funding of political parties and electoral campaigns. 

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

Council  of  Europe:  Venice  Commission  (2019),  Parameters  on  the  Relationship  between  the 
Parliamentary Majority and the Opposition in a Democracy: a checklist (CDL-AD(2019)015-e). 

Council  of  Europe:  Venice  Commission  (2020),  Malta  –  Opinion  on  proposed  legislative  changes 
(CDL-AD(2020)006). 

Council of Europe: Venice Commission (2020), 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. 

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023. 

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

Court of Justice of the European Union, European Commission v Republic of Malta, Case C-181/23. 

Courts of Justice of Malta (2024), Contribution from the Courts of Justice of Malta for the 2024 Rule 
of Law Report. 

25 

 
Daphne  Caruana  Galizia  Foundation  (2024),  Written  contribution  from  Daphne  Caruana  Galizia 
Foundation in the context of the country visit to Malta. 

Directorate-General  for  Communication  (2023),  Flash  Eurobarometer  524  –  Businesses’  attitudes 
towards corruption in the EU. 

Directorate-General  for  Communication  (2023),  Special  Eurobarometer  534  –  Citizens’  attitudes 
towards corruption in the EU. 

Directorate-General  for  Communication  (2024),  Flash  Eurobarometer  543  –  Businesses’  attitudes 
towards corruption in the EU. 

Directorate-General  for  Communication  (2024),  Flash  Eurobarometer  548  –  Citizens’  attitudes 
towards corruption in the EU. 

EPPO (2024), Annual Report 2023. 

EPPO (2024), Contribution from EPPO for the 2024 Rule of Law Report. 

European Commission (2019), Report on Investor Citizenship and Residence Schemes in the EU. 

European Commission (2021), Recovery and Resilience Plan for Malta. 

European Commission (2020), 2021 Rule of Law Report, Country chapter on the rule of law situation 
in Malta. 

European Commission (2021), 2021 Rule of Law Report, Country chapter on the rule of law situation 
in Malta. 

European Commission (2022), 2022 EU Justice Scoreboard. 

European Commission (2022), 2022 Rule of Law Report, Country chapter on the rule of law situation 
in Malta. 

European Commission (2023), 2023 Rule of Law Report, Country chapter on the rule of law situation 
in Malta. 

European Commission (2024), EU Justice Scoreboard. 

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

European Implementation Network (2024), Contribution for the 2024 Rule of Law Report. 

European  Parliament (2023),  Resolution  of  19  October  2023  on the  rule  of  law  in  Malta:  six  years 
after the assassination of Daphne Caruana Galizia, and the need to protect journalists. 

European Parliament (2023), Flash Eurobarometer: News & Media Survey. 

GRECO (2024), Fifth Evaluation Round Second Compliance Report on Malta. 

International Organization of Supreme Audit Institutions (1977), Lima Declaration of Guidelines on 
Auditing Precepts. 

International  Organization  of  Supreme  Audit  Institutions  (2019),  Mexico  Declaration  on  Supreme 
Audit Institutions Independence. 

Lovin Malta (2023), Transport Malta Driving License Whistleblower Allegedly Deported After Permit 
Gets  Revoked,  https://lovinmalta.com/news/transport-malta-driving-license-whistleblower-allegedly-
deported-after-permit-gets-revoked/.   

Lovin Malta (2024),  At Least €60 Million: Here’s How Much The Key Vitals Players Siphoned Off 
From  Concession,  https://lovinmalta.com/opinion/analysis/at-least-e60-million-heres-how-much-the-
key-vitals-players-siphoned-off-from-concession/.  

Malta  Police  (2024),  Written  contribution  from  Malta  Police  in  the  context  of  the  country  visit  to 
Malta. 

26 

 
Malta  Today  (2024),  Muscat  to  be  charged  with  money  laundering,  bribery  and  corruption, 
https://www.maltatoday.com.mt/news/national/129059/breaking_muscat_to_be_charged_with_money
_laundering_bribery_and_corruption.  

Maltese Government (2022), Establishment of a Committee of Experts on Media. 

Maltese Government (2024), Input from Malta for the 2024 Rule of Law Report. 

Maltese Government (2024), Written contribution from the Maltese Government in the context of the 
country visit to Malta. 

Maltese Government (2024), Written contribution from the Maltese Government. 

National Audit Office (2022), Annual Audit Report Public Accounts. 

National Audit Office (2023), Annual Activity Report. 

National Audit Office (2023), Follow-up Audits Report, Volume I. 

OECD,  Convention  on  Combating  Bribery  of  Foreign  Public  Officials  in  International  Business 
Transactions, Ratification Status. 

Office  of  the  Parliamentary  Ombudsman  (2024),  Written  contribution  in  the  context  of  the  country 
visit to Malta. 

Organized  Crime  and  Corruption  Reporting  Project  (2024),  Emails  Show  How  Millions  Flowed  to 
‘Political 
Case, 
Malta 
https://www.occrp.org/en/investigations/emails-show-how-millions-flowed-to-political-consultants-
in-malta-hospital-corruption-case.  

Consultants’ 

Corruption 

Hospital 

in 

Organized  Crime  and  Corruption  Reporting  Project  (2024),  Malta  Charges  Ex  PM  and  His  Top 
Officials  with  Corruption,  https://www.occrp.org/en/daily/18755-malta-charges-ex-pm-and-his-top-
officials-with-corruption.  

Permanent  Commission  Against  Corruption  (2024),  Written  contribution 
Commission Against Corruption in the context of the country visit to Malta. 

from  Permanent 

Public  Service  Commission  (2024),  Written  contribution  from  Public  Service  Commission  in  the 
context of the country visit to Malta. 

Reporters Without Borders (2024), 2024 World Press Freedom Index. 

Repubblika (2024), Contribution from Repubblika for the 2024 Rule of Law Report. 

Repubblika (2024), Written contribution from Repubblika in the context of the country visit to Malta. 

The  Malta  Independent  (2024),  Criminal  charges  filed  in  connection  with  hospitals  inquiry, 
https://www.independent.com.mt/articles/2024-05-06/local-news/Criminal-charges-filed-in-
connection-with-Vitals-inquiry-6736260854. 

The Malta Independent (2024), Muscat to be charged with bribery, corruption and money laundering, 
https://www.independent.com.mt/articles/2024-05-07/local-news/Muscat-to-be-charged-with-bribery-
corruption-and-money-laundering-report-6736260883.  

Times  of  Malta  (2023),  Judiciary  slams  authorities’  ‘persistent  failures’,  warns  system  near 
‘collapse’, 
https://timesofmalta.com/article/judiciary-slams-authorities-persistent-failures-
warns.1064940.   

Times  of  Malta  (2023),  Nearly  1,700  magisterial  inquiries  are  pending,  one  since  1979, 
https://timesofmalta.com/article/nearly-1700-magisterial-inquiries-pending-one-since-1979.1027874.  

Times  of  Malta  (2023),  President  was  ‘prevented’  from  furthering  work  on  Constitutional  reform, 
https://timesofmalta.com/article/president-prevented-furthering-work-constitutional-reform.1072791.  

27 

 
Times of Malta (2024), Vitals inquiry: AG files charges against Muscat, Mizzi, Schembri and others, 
https://timesofmalta.com/article/vitals-inquiry-ag-files-charges-muscat-mizzi-schembri-
others.1092014.  

Times of Malta (2024), Who’s who: The people and businesses facing charges linked to hospitals deal 
It's a long list of people with a long list of alleged crimes, https://timesofmalta.com/article/who-who-
the-people-businesses-facing-charges-linked-hospitals-deal.1092082.  

Transparency International (2024), Corruption Perceptions Index 2023. 

UN  Development  Programme  (UNDP)/UN  Office  on  Drugs  and  Crime  (UNODC)  (2012),  Jakarta 
Statement on Principles for Anti-Corruption Agencies. 

UN  Development  Programme  (UNDP)/UN  Office  on  Drugs  and  Crime  (UNODC)  (2013),  Kuala 
Lumpur Statement on Anti-Corruption Strategies. 

UN Office on Drugs and Crime (UNODC) (2003), United Nations Convention Against Corruption. 

UN Office on Drugs and Crime (UNODC) (2009), Technical Guide to the United Nations Convention 
Against Corruption. 

UN Office on Drugs and Crime (UNODC) (2015), National Anti-Corruption Strategies, A Practical 
Guide for Development and Implementation. 

28 

 
 
 
Annex II: Country visit to Malta  

The Commission services held virtual meetings in March 2024 with: 

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

•  Association of Judges and Magistrates of Malta 
•  Association of Media Owners 
•  Auditor General 
•  Aditus Foundation 
•  Broadcasting authority 
•  Chamber of Advocates 
•  Chief Justice 
•  Commissioner for Standards in Public Life 
•  Commissioner for Voluntary Organisations 
•  Daphne Caruana Galizia Foundation 
• 
• 
• 
•  Malta Business Bureau 
•  Malta Chamber of Commerce 
•  Ministry for Foreign and European Affairs and Trade 
•  Ministry for Justice and Reforms for the Construction Sector 
•  Ministry for Home Affairs, Security, Reforms and Equality 
•  Office of Parliamentary Ombudsman 
•  Office of the Attorney General 
•  Office of the State Advocate 
•  Permanent Commission against Corruption 
•  Police: Financial Crimes Investigations Department 
•  Public Service Commission 
•  Reporters without Borders 
•  Repubblika 
•  Secretariat of the Parliament 

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

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe 
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists 

29 

 
 
International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute 
Irish Council for Civil Liberties 

•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International  

30