COMMISSION STAFF WORKING DOCUMENT 2025 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 2025 Rule of Law Report The rule of law situation in the European Union
Date: 2025-07-08
Institutions: European Commission, Secretariat-General
Subjects: Malta, administrative transparency, corruption, democracy, freedom of the press, human rights, independence of the judiciary, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Strasbourg, 8.7.2025  SWD(2025) 918 final  COMMISSION STAFF WORKING DOCUMENT 2025 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 2025 Rule of Law Report                         The rule of law situation in the European Union {COM(2025) 900 final} - {SWD(2025) 901 final} - {SWD(2025) 902 final} - {SWD(2025) 903 final} - {SWD(2025) 904 final} - {SWD(2025) 905 final} - {SWD(2025) 906 final} - {SWD(2025) 907 final} - {SWD(2025) 908 final} - {SWD(2025) 909 final} - {SWD(2025) 910 final} - {SWD(2025) 911 final} - {SWD(2025) 912 final} - {SWD(2025) 913 final} - {SWD(2025) 914 final} - {SWD(2025) 915 final} - {SWD(2025) 916 final} - {SWD(2025) 917 final} - {SWD(2025) 919 final} - {SWD(2025) 920 final} - {SWD(2025) 921 final} - {SWD(2025) 922 final} - {SWD(2025) 923 final} - {SWD(2025) 924 final} - {SWD(2025) 925 final} - {SWD(2025) 926 final} - {SWD(2025) 927 final} - {SWD(2025) 928 final} - {SWD(2025) 929 final} - {SWD(2025) 930 final} - {SWD(2025) 931 final}  
 
 
ABSTRACT 

The level of perceived judicial independence in Malta continues to be high among the general 
public  and  is  now  high  among  companies.  Discussions  are  ongoing  in  the  Parliament  on  a 
comprehensive  constitutional  reform  relating  to  the  justice  sector  which  would  provide  for 
the involvement of the judiciary in the procedure for appointment of the Chief Justice. The 
transfer of prosecutions of non-summary cases from the Police to the Office of the Attorney 
General  is  completed.  The  Government  is  proposing  to  remove  the  involvement  of  the 
executive from the appointment of members of the specialised tribunals to address concerns 
over  their  independence.    Despite  substantial  recruitment  and  proposals  to  expand  court 
premises,  the  need  to  increase  resources  remains,  with  business  stakeholders  reiterating 
concerns  over  delays  of  legal  proceedings.  Steps  have  been  taken  to  improve  the  level  of 
digitalisation of justice. While length of proceedings remains a concern, certain groundwork 
was set in motion to enhance the efficiency of the justice system. 

The  implementation  of  the  National  Anti-Fraud  and  Corruption  Strategy  continues.  Work 
remains  to  be  done  in  order  to  ensure  appropriate  follow-up  of  the  anti-corruption 
recommendations  issued  following  the  public  inquiry  into  the  assassination  of  journalist 
Daphne  Caruana  Galizia.  Investigative  and  prosecution  authorities  increased  their  human 
resources.  New  tools  were  developed  to  reduce  the  length  of  investigations  of  high-level 
corruption cases, but a robust track record of final judgments has not yet been achieved. The 
capacity  of  the  Permanent  Commission  Against  Corruption  to  achieve  concrete  results  still 
has  to  be  demonstrated.  Integrity  measures  for  the  public  service  and  the  police  force 
continue.  Action  to  improve  integrity  measures  for  politicians  and  high-level  officials 
remains to be taken. New tools for whistleblowing continue to be under preparation. Auditing 
institutions  indicated  weaknesses  on  the  use  of  public  funds  and  changes  of  public 
procurement  procedures.  On  29  April  2025,  the  European  Court  of  Justice  found  that  the 
Maltese investor citizenship scheme is contrary to EU Law. 

The  Government  is  preparing  legislation  aimed  at  providing  the  media  regulator  with  new 
competences,  including  as  regards  scrutiny  over  mergers  in  the  media  market  and  the 
allocation  of  state  advertising.  There  were  no  new  measures  to  enhance  the  independent 
governance and editorial independence of public service media, and limited steps were taken 
to reinforce safeguards to improve access to official documents. Apart from a law on cross-
border strategic lawsuits, additional legislation in the area of the protection of journalists and 
media freedom remains pending. 

There  have  been  no  further  steps  taken  to  introduce  a  formal  framework  for  public 
participation  in  the  legislative  process,  and  draft  legislation  to  set  up  a  National  Human 
Rights Institution has yet to be presented in Parliament. Legislation establishing a regulatory 
framework for civil society is under preparation. A legislative reform increasing the threshold 
for  citizens  to  directly  petition  a  magisterial  inquiry  has  given  rise  to  strong  criticism  from 
some stakeholders about its potential impact on the prosecution of high-level offences. 

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RECOMMENDATIONS 

Overall, concerning the recommendations in the 2024 Rule of Law Report, Malta has made: 

•  Some  further  progress  on  pursuing  the  draft  reform  endorsed  by  the  Government  to 

involve the judiciary in the procedure for appointment of the Chief Justice. 

•  Some  further  progress  on  further  strengthening  efforts  to  improve  the  efficiency  of 

justice, particularly to reduce the length of proceedings. 

•  Some further progress on continuing efforts to address challenges related to the length of 
investigations  of  high-level  corruption  cases  and  no  progress  in  stepping  up  efforts  to 
establish a robust track record of final judgments. 

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

•  No  progress  in  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  in  stepping  up  measures  to  establish  a  National  Human  Rights  Institution 

taking into account the UN Paris Principles. 

•  Limited  progress  in  introducing  a  formal  framework  for  public  participation  in  the 

legislative process. 

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

•  Take  forward  the  ongoing  reform  to  involve  the  judiciary  in  the  procedure  for  the 
appointment  of  the  Chief  Justice,  taking  into  account  European  standards  on  judicial 
appointments.  

•  Step  up  efforts  to  improve  the  efficiency  of  justice,  particularly  to  reduce  the  length  of 

proceedings. 

•  Step up efforts to address challenges related to the length of investigations of high-level 

corruption cases, and to establish a robust track record of final judgments. 

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

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

•  Take  forward  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 SYSTEM1  

Independence  

The level  of perceived  judicial  independence in Malta continues to be high among the 
general public and is now high among companies. Overall, 69% of the general population 
and 63% of companies perceive the level of independence of courts and judges to be ‘fairly 
or  very  good’  in  20252.  The  perceived  judicial  independence  among  the  general  public  has 
increased  in  comparison  with  2024  (65%),  and  it  remains  at  the  same  level  in  comparison 
with  2021  (69%).  The  perceived  judicial  independence  among  companies  has  increased  in 
comparison with 2024 (57%) although it has decreased in comparison with 2021 (68%).  

There has been some further progress on the involvement of the judiciary in the process 
of  appointing  the  Chief  Justice,  as  discussions  are  ongoing  in  Parliament  on  a 
comprehensive constitutional reform relating to the justice sector3. On 13 May 2025, the 
Government tabled a comprehensive constitutional reform before Parliament concerning the 
justice sector. Among other provisions, the reform requires that before the Parliament votes 
on appointing the Chief Justice, the Prime Minister consults with the sitting or acting Chief 
Justice (who bears statutory obligations in representing the judiciary) and the President and 
updates the Leader of the Opposition on the outcome of this process. The Bill also revises the 
framework  governing  disciplinary  proceedings  against  members  of  the  judiciary  and 
establishes  the  post  of  Commissioner  for  Standards  of  the  Judiciary4,  who  is  expected  to 
investigate  allegations  against  judiciary  members,  and  reports  findings  to  the  Chief  Justice 
and  Minister  responsible  for  justice,  recommending  disciplinary  action  when  prima  facie 
evidence  exists.  The  Bill  is  currently  at  its  second  reading  stage  in  Parliament.  In  view  of 
these  developments,  there  has  been  some  further  progress  on  the  recommendation  made  in 
the 2024 Rule of Law Report.  

The  transfer  of  certain  types  of  prosecutions  to  the  Office  of  the  Attorney  General  is 
completed.  The  final  phase  of  the  gradual  transfer  of  prosecutions  of  non-summary  cases 
from the Police to the Office of the Attorney General (i.e. offences which carry a punishment 
exceeding  2  years  imprisonment)  was  concluded  in  September  2024  –  marking  the 
completion of the corresponding milestone under the Recovery and Resilience Plan (RRP)5. 
This development allows the Attorney General to exclusively take prosecutorial decisions of 
all serious offences6. As a result of this transfer, the total number of prosecutions initiated by 

1  An overview of the institutional framework for all four pillars can be found here. 
2 

2025 EU Justice Scoreboard, Figures 50 and 52 and 2023 EU Justice Scoreboard, Figures 49 and 51. 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   The  2024  Rule  of  Law  Report  recommended  to  Malta  to  “[p]ursue  the  draft  reform  endorsed  by  the 

Government to involve the judiciary in the procedure for appointment of the Chief Justice”. 

4   The  Commission  for  the  Administration  of  Justice  is  responsible  for  appointing  the  Commissioner  for 
Standards of the Judiciary for a renewable three-year term and may also dismiss the Commissioner, based 
on specified reasons. 
2024 Rule of Law Report, Malta, p. 4. See RPP C6.R.2, milestone 6.8. 

5 
6   Thereby,  effective  from  October  2024,  in  addition  to  previously  transferred  offences,  the  Office  of  the 
Attorney General has been granted the authority to prosecute (i) offences against the Medical and Kindred 
Professions  Ordinance;  (ii)  offences  against  the  Dangerous  Drugs  Ordinance;  (iii)  offences  of  money 
laundering as provided for in article 3 of the Prevention of Money Laundering Act including; (iv) attempts 
or conspiracy to commit or complicity in the offences mentioned in paragraphs (i), (ii), and (iii).  

3 

 
 
 
the Office of the Attorney General has significantly increased in  recent  years: in particular, 
the  prosecutions  which  were  11  in  2020,  reached  492  in  20247.  An  independent  study  is 
underway  to  assess  whether  to  transfer  all  types  of  prosecutions,  namely  also  those  which 
carry  an offence punishable with  less than 2 years imprisonment, to  the Office8. From July 
2024 to February 2025, 8 additional prosecutors joined the Office9. 

The  Government  is  proposing  to  remove  the  involvement  of  the  executive  from  the 
appointment  of  members  of  the  specialised  tribunals  to  address  concerns  over  their 
independence.  As  indicated  in  the  2024  Rule  of  Law  Report,  in  the  context  of  the  RRP, 
Malta committed to pursue a review of the framework of specialised tribunals, and to consult 
the  Venice  Commission  on  possible  amendments  aimed  at  strengthening 
their 
independence10.  While  the  authorities  completed  public  procurement  procedures  for  the 
selection of an independent contractor, no further steps were taken. In the absence of further 
progress on the review, the Government has formalised a draft Bill, which proposes that the 
executive will no longer be involved in the appointment of members of these administrative 
tribunals. In a judgment of October 2024, the European Court of Human Rights highlighted 
shortcomings in  the guarantees of independence  of one of the Maltese specialised tribunals 
(i.e. the Immigration Appeals Board). Key findings included the lack of a proper appointment 
procedure  of  its  members  and  the  absence  of  selection  criteria  based  on  merit.  The  Court 
found  that  Malta  will  need  to  enact  legislation  to  bring  the  Immigration  Appeals  Board  in 
conformity with the standards of independence and impartiality as stipulated by the European 
Convention on Human Rights11. Against this background, concerns about the independence 
of specialised tribunals have been reiterated by stakeholders12.  

Quality  

Despite the substantial recruitment of staff and proposals to expand court premises, the 
need  to  swiftly  increase  resources  in  the  judiciary  remains.  While  since  July  2024,  the 
number of judges and magistrates has increased13, it remains among the lowest per inhabitant 
in  the  EU14.  Since  July  2024  107  new  members  were  recruited.  There  is  a  need  to  swiftly 
increase  human  resources  in  order  to  improve  the  length  of  proceedings15.  Stakeholders 

7   Maltese Government (2025), written input, pp. 11-14. 
8   Reported by the Attorney General. Pursuant to RRP milestone C.6.R2-MT6.5. 
9   Country visit Malta, Attorney General. In the context of  the country visit, the Maltese authorities clarified 
that the discussions for the renewal of the disciplinary regime for prosecutors (expired at the end of 2024) 
are  still  ongoing  and  are  part  of  a  broader  discussion  which  includes  also  salaries.  The  new  regime  is 
expected to be adopted by end-2025. Maltese Government (2025), country visit to Malta. 

10   According to RRP 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  that  the  legislative  amendments  shall  take  into  account  the  outcome  of  the 
assessment. 

11   European Court of Human Rights, judgment of 22 October 2024, J.B. and Others v. Malta, case 1766/23. 
12   Repubblika (2025), written input, p. 6. Aditus Foundation (2025), written input, p. 8. 
13   Two new Magistrates were appointed by the President of the Republic of Malta on 15 April 2025. 
14   In 2023, Malta had 9.1 judge per 100 000 inhabitants – the third lowest figure in the European Union. 2025 

EU Justice Scoreboard, Figure 37. 

15   There is a need to hire more judges, as well as court personnel, including clerks, bailiffs, court assistants, 
transcribers,  plus  experts  qualified  in  the  assessment  and  adjudication  of  financial  crimes,  in  addition  to 
specialised equipment. Chief of Justice (2024).  

4 

 
 
 
highlighted  that  staff  shortages  are  a  cause  of  delays  in  judicial  proceedings,  adversely 
affecting businesses since delays undermine legal certainty and hamper economic activities16.  

Steps have been taken  to improve the level  of digitalisation of justice.  Following up on 
the  Digital  Justice  Strategy  (2022-2027)17,  in  September  2024,  the  authorities  launched  a 
tender for the development of a Court Information Management System, which will digitalise 
the  courts’  processes.  The  offers  that  were  submitted  are  under  evaluation.  Further  tender 
documents  are  being  drafted  to  set-up  new  case  management  systems  for  the  Office  of  the 
Attorney General and for the Office of the State Advocate, with the public tenders expected 
to be launched in the second quarter of 202518.  

The regulation of the activities of lawyers is still pending. In Malta, the legal profession is 
regulated across different legislative acts19. The Bar of Malta confirmed that discussions are 
still ongoing with the Government regarding the Lawyers’ Act, which aims to streamline the 
existing regulatory framework for the legal profession20.  

Efficiency 

There has been some further progress  on the recommendation to reduce the length  of 
proceedings  and  to  enhance  the  efficiency  of  the  justice  system21.  In  the  last  quarter  of 
2024,  the  Government  took  steps  to  open  a  new  Commercial  Court  and  a  Family  Court  to 
alleviate  capacity  issues.  The  House  of  Representatives  started  discussing  a  Bill  relating  to 
the establishment of a Commercial Court, with the aim of its adoption by the second quarter 
of  2025.  In  September  2024,  the  Government  launched  a  public  consultation  to  engage 
citizens in the reform of the Family Court, with the aim of tabling legislative proposals22. As 
regards  the  increase  of  court  premises,  the  Government  informed  that  deliberations  have 
started23.  In  2023,  the  disposition  time  for  first  instance  civil  and  commercial  cases,  even 
though it decreased by 37 days compared to 2022, remained among the lengthiest in the EU; 
in 2023, it still took 454 days24. In 2023, the disposition time for first instance criminal cases 
recorded a significant increase, equal to 713 days against 527 days in 202325. Administrative 
justice has also recorded a considerable deterioration of the disposition time of first instance 
cases, which in 2023 reached 1 350 days (an increase of 268 days vis-à-vis 2022)26. Also, the 
backlog of pending cases continues to increase. Malta’s rate of resolving civil, commercial, 
administrative  and  other  cases  (first  instance)  in  2023  was  equal  to  89%27.  In  2023,  the 
clearance  rate  saw  a  significant  backslide  with  regard  to  criminal  cases  (first  instance) 

16   Country visit Malta, Malta Business Bureau and Malta Chamber of Commerce. 
17   The Digital Justice Strategy is partly financed by the RRF. 
18   Maltese Government (2025), reply to targeted questions, p. 3.  
19   As noted by CCBE (2025), written input, p. 141, without a law regulating the legal profession there can be 

no implementation of continuous training of lawyers. 

20   Country visit Malta, Chamber of Advocates. 
21   The  2024  Rule  of  Law  Report  recommended  to  Malta  to  “[f]urther  strengthen  efforts  to  improve  the 
efficiency  of  justice  including  by  providing  additional  resources,  particularly  to  reduce  the  length  of 
proceedings”. 

22   Maltese Government (2025), written input, p. 8. 
23   Maltese Government (2025), written input, p. 15. Concerns on the level of human and logistical resources 

have been expressed during the country visit by the Association of Judges and Magistrates. 

24   2025 EU Justice Scoreboard, Figure 6.  
25   See CEPEJ (2025). 
26   2025 EU Justice Scoreboard, Figure 8. 
27   2025 EU Justice Scoreboard, Figure 10. 

5 

 
 
 
amounting to 74.1 % (against 92.8 % in 202228. These percentages indicate that, on an annual 
basis, the number of resolved cases across all jurisdictions remains well below the number of 
new cases. Stakeholders report that delays and inadequate efficiency of courts are a concern 
for  business  confidence29.  Some  preliminary  consultations  took  place  regarding  reforms 
which  are  in  the  making,  and  which  are  aimed  at  ensuring  a  better  allocation  of  cases  and 
more expedited procedures, including the Commercial Court, the Family Court Reform, and 
the  reform  of  compilation  of  evidence30.  Based  on  the  above,  there  has  been  some  further 
progress on the recommendation made in the 2024 Rule of Law Report. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The  perception  among  experts,  citizens  and  business  executives  is  that  the  level  of 
corruption in the public sector remains high. In the 2025 Corruption Perceptions Index by 
Transparency International, Malta scores 46/10031 and ranks 24th in the European Union and 
65th globally. This perception has significantly decreased over the past five years32. The 2025 
Special  Eurobarometer  on  Corruption  shows  that  83%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  69%)  and  52%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 30%). As regards businesses, 69% of 
companies consider that corruption is widespread (EU average 63%) and 51% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  35%).  Furthermore,  32%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  36%),  while  27%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 33%)33. 

The implementation of the National Anti-Fraud and Corruption Strategy continues and 
work  remains  to  be  done  in  order  to  ensure  appropriate  follow-up  of  the  anti-
corruption recommendations issued following the public inquiry into the assassination 
of  journalist  Daphne  Caruana  Galizia34.  Almost  half  of  the  actions  foreseen  under  the 
National  Anti-Fraud  and  Corruption  Strategy  were  completed 
in  2024  (including 
communication  strategies,  training  programme),  and  the  Co-ordinating  Committee  reported 
improvements  across  four  categories  of  risk  (i.e.  unlawful  use  of  resources,  public 

28   See CEPEJ (2025). 
29   Country visit Malta, Malta Business Bureau and Malta Chamber of Commerce. 
30   Reforms  include  (i)  The  Commercial  Court  would  be  a  specialised  court  with  competence  to  hear 
commercial  and  maritime  disputes  (draft  legislation  was  submitted  to  Parliament  in  December  2024, 
Maltese  Government  (2025),  p.  8;  (ii)  Reform  of  the  Family  Court,  aiming  at  providing  families  with  a 
more supportive and effective access to justice. A public consultation concluded in November 2024 with a 
number of submissions from the general public, NGOs, professional bodies and other Government entities. 
The Government is assessing the feedback received to develop concrete legislative proposals for the reform. 
Maltese Government (2025), p. 8; (iii) A  reform of the compilation of evidence is aimed at accelerating the 
process and no logner requiring  every witness to testify in person. A public consultation was launched in 
2023 is informing the preparation of draft legislation Maltese Government (2025), p. 8. 

31   The level of perceived corruption is categorised as follows: low (above 79); relatively low (between 79-60), 

relatively high (between 59- 50), high (below 50). 

32   In 2020 the score was 53, while, in 2024, the score is 46. 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. 

33   Data from Special Eurobarometer 561 (2025) and Flash Eurobarometer 557 (2025).  
34   The  public  inquiry  into  the  assassination  of  journalist  Daphne  Caruana  Galizia  issued  anti-corruption 
recommendations  -  on  asset  declaration,  whistleblower  protection  and  codes  of  ethics.  Board  of  Inquiry 
(2021). 2024 Rule of Law Report, Malta, p. 11. 

6 

 
 
 
procurement, conflicts of interest, and other fraud)35. For the full implementation of the anti-
corruption  recommendations,  key  actions  remain  to  be  taken,  in  particular  with  regard  to 
lobbying  and  the  code  of  conduct36.  The  Government  is  considering  a  reform  of  the  asset 
declaration system, following a recommendation by the OECD37. 

There has been some further progress in addressing challenges related to the length of 
investigations  of  high-level  corruption  cases,  but  no  progress  in  establishing  a  robust 
track  record  of  final  judgments38.  Both  the  Financial  Crimes  Investigation  Department 
(FCID) and the Attorney General office increased their human resources and developed new 
tools to facilitate investigations and prosecutions39. This is expected to contribute to reducing 
the  length  of  proceedings,  also  in  high-level  cases.  In  2024,  there  were  new  investigations 
and prosecutions, although the number of final judgments in corruption cases remains low40. 
However, proceedings are pending in a number of cases involving high-level officials41. The 
EPPO investigated 10 corruption cases, which accounts for around a fifth of the total number 
of  EPPO  cases  in  Malta42.  According  to  the  Government,  the  complexity  of  the  corruption 
cases,  as  well  as  the  workload  and  the  limited  number  of  experts,  impact  the  duration  of 
investigations43.  Furthermore,  the  lack  of  judges  affects  the  adjudication  of  corruption 
cases44.  Stakeholders  continue  to  criticise  the  capacity  of  public  authorities  to  speedily  and 
effectively investigate corruption cases, accentuating concerns over the recent reform, which 
in  their  view  limits  the  scope  for  citizen-prompted  magisterial  inquiries45.  In  view  of  the 

35   The Co-ordinating Committee (led by IAID)  that is responsible for  monitoring the implementation of the 
National Anti-Fraud and Corruption Strategy (NAFCS) confirmed that 11 out of 23 actions of the NAFCS 
were implemented. IAID (2024). The coordinating committee met twice  in 2024, and also communicated 
through  written  procedure,  and  the  reports  of  the  meetings  are  not  published.  Country  visit  Malta,  IAID. 
Stakeholders  regret  the  lack  of  transparency  in  the  implementation  of  the  actions  set  out  in  the  NAFCS. 
Daphne Caruana Galizia Foundation (2025), written input, p.13. 

36   According  to  the  Government,  once  the  reform  for  asset  declaration  is  fully  concluded,  the  other 
recommendations  issued  by  both  the  public  inquiry  and  by  the  OECD  (on  lobbying,  code  of  conduct,  as 
well  as  on  the  Commissioner  and  the  Act  for  Standard  in  Public  Life),  will  be  dealt  with.  Country  visit 
Malta,  Ministry  of  Justice.  Country  visit  Malta,  Repubblika,  Daphne  Caruana  Galizia  Foundation  and 
Aditus. Civil Liberties Union for Europe (2025). 

37    OECD (2022), p.31. 
38   The 2024 Rule of Law Report recommended to Malta to “[c]ontinue 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”. 

39   FCID  hired  18  officers,  including  the  deputy  commissioner,  while  8  went  on  retirement.  Country  visit 
Malta, FCID. The Attorney General office hired 17 prosecutors, updated its standard operating procedure, 
and  a  new  case-management  program  as  well  as  an  action  plan  for  effectiveness  were  being  developed. 
Attorney General office (2025), written input, p. 3-6.  

40   In 2024, there were 57 new cases on financial crimes (including corruption), 20 investigations (involving 30 
individuals and 20 legal persons), and 18 prosecutions. For 2 cases adjudicated,  the sentences (to 2 and 3 
years  of  imprisonment)  were  suspended.  In  a  third  case,  an  individual  was  convicted  of  corruption  and 
trading in influence and sentenced to four years and eight months of imprisonment. The judgment is under 
appeal. Attorney General office (2025), written input, p. 9. 

41   Around  51  individuals  and  50  legal  persons  are  involved  in  these  proceedings.  Attorney  General  office 
(2025),  written  input,  p.  8.  NGOs  raised  concerns  on  the  targeted  media  campaign  allegedly  aimed  at 
discrediting  and  intimidating  judiciary  experts.  Repubblika,  Daphne  Caruana  Galizia  Foundation  and 
Aditus (2025), common written input, p.5.  

42   EPPO (2024) p. 45.  
43   Maltese Government (2025), written input, p. 20. 
44   See above, pp. 4-5. 
45   Magisterial inquiry procedures had triggered prosecution in a number of corruption cases. NGOs argue that 
restricting the scope for individuals to ask for magisterial inquiry would impede future convictions in high-

7 

 
 
 
 
above, there has been some further progress in addressing challenges related to the length of 
investigations  of  high-level  corruption  cases  and  no  progress  in  establishing  a  robust  track 
record of final judgments. 

The  capacity  of  the  Permanent  Commission  Against  Corruption  (PCAC)  to  achieve 
concrete results is still to be demonstrated. The PCAC continues to operate with only three 
Commissioners  employed  on  a  part-time  basis,  supported  by  one  administrative  officer, 
although  international  standards  require  anti-corruption  agencies  to  have  adequate  and 
reliable specialised staff46. The case-management system is not in place yet, and a  standard 
operating procedure is still under preparation47. While the PCAC presents its annual activity 
report to the President of Malta, there is no other oversight mechanism in place48. The PCAC 
did  not  receive  any  reports  of  corruption  for  the  past  two  years49  and,  after  examination,  it 
forwarded  two  cases  received  in  2022  to  the  Ministry  of  Justice  with  no  allegations  of 
corruption50.  Since  it  was  established,  the  PCAC  has  never  transmitted  any  case  to  the 
Attorney General office for prosecution51. 

Integrity  measures  for  the  public  service  and  the  police  force  continue..  The  Public 
Service  Commission  (PSC)  plans  to  deliver  a  training  on  integrity  addressed  to  heads  of 
public  entities,  and  it  issued  an  increased  number  of  decisions  (about  +18%  in  2024 
compared to 2023)52, following the appointment of a new Executive Director. The mandate 
of  the  Police  Commissioner  was  renewed  for  another  four  years  in  June  202453.  A 
continuation Strategy, building on the Malta Police Transformation Strategy 2020-2025 and 
integrity measures already implemented, is scheduled for adoption in 202554. Members of the 

profile  corruption  cases,  undermine  ongoing  prosecutions  and  prevent  new  ones  from  starting.  Aditus 
(2025). Repubblika, Daphne Caruana Galizia Foundation and Aditus (2025), common written input, p. 3-6. 

46   See UNDP/UNODC (2012)as well as UNODC (2003). 
47   PCAC planned to hire 2 technology support officers to develop a digital case-management system. Country 

visit Malta, PCAC.  

48   In  accordance  with  the  UNDP/UNODC  supported  Jakarta  Statement,  it  is  essential  that  anti-corruption 

agencies comply with auditing standards, which strengthen the accountability of their top managers.  

49   Written contribution from PCAC in the context of the country visit to Malta. 
50   Closed cases continue to be sent to the Minister of Justice.  PCAC, Country visit Malta, and written input, 

p. 5. 

51   2024 Rule of Law Report, Malta, p. 14. 
52   PSC has a personnel of 16 officers, with a budget of around EUR 728 000. The new Executive Director was 
nominated  in  July  2024  (for  a  4-year  mandate),  one  manager  returned  to  the  PSC  (after  a  period  of 
secondment),  and  one  senior  manager  plus  one  administrative  officer  have  been  hired  in  2025.  The  5 
members of the Commission will end their 3-year renewable mandate  in July 2025. In 2024,  PSC issued 
351  recommendations  and  70  disciplinary  sanctions.  The  PSC  noticed  a  decrease  in  the  number of  cases 
addressed  to  its  examination  since  2023,  when  the  permanent  secretaries  acquired  the  power  to  redress 
cases directly at their institutional level. Country visit Malta, PSC.  

53   In  July  2024,  a  group  of  MPs  filed  a  proposal  seeking  to  revise  the  procedure  to  appoint  or  remove  the 
Police  commissioner,  proposing  a  requirement  for  a  two-thirds  majority  vote  within  the  House  of 
Representatives. Motion No. 278 (2024). 

54   In 2024, 32  police  officers  were  sanctioned  administratively  by  the  Public  Service  Commission  (none  on 
corruption).  The  Professional  Standards  Office  investigated  179  cases  (5  cases  remained  pending  before 
local  courts;  6  cases  were  referred  to  the  PSC;  40  cases  resulted  in  minor  disciplinary  actions),  and  the 
Police  Disciplinary  Appeals  Board  issued  121  decisions  (compared  to  197  in  2023),  and  held  9  hearings 
(compared to 10 in 2023). Maltese Government (2025), written input, p. 21. Country visit Malta, FCID.    

8 

 
 
 
judiciary  attended  anti-corruption  training55,  and  the  Chief  Justice  suggested  improving 
integrity and transparency measures of the judiciary56.  

Action to improve integrity measures for high-level politicians and officials remains to 
be taken. While measures are in place addressing prevention and management of conflicts of 
interest in the  public  administration,  their scope  remains limited as Members of Parliament 
(MPs)  are  not  covered  by  these  rules57.  Based  on  the  recommendation  made  by  the 
Commissioner for Standards in Public Life, the Parliamentary Standards Committee issued a 
warning to two sitting Ministers for abuse of power58. Stakeholders still consider inadequate 
the parliamentary integrity mechanism, and the sanctions which would apply59. Members of 
Parliament,  including  Ministers  and  Parliamentary  Secretaries,  are  required  to  file  their 
annual  asset  and  interests’  declarations  to  the  Speaker  of  the  House  of  Representatives  for 
examination60. These declarations are accessible for public inspection in accordance with the 
provisions  of  the  Code  of  Ethics  and  are  subject  to  scrutiny  and  verification  by  the 
Commissioner  for  Standards  in  Public  Life.  After  a  delay  of  a  few  months,  Ministers  filed 
their  declarations  in  March  2025,  although  they  remain  unpublished61.  In  light  of  the 
recommendations  received62,  the  Government  is  in  the  process  of  reforming  the  asset  and 
interests’ declaration system. Action to improve other integrity measures (including stronger 
codes of ethics, rules on lobbying, and standards in public life, especially for persons of trust) 
remains to be taken63.  

New  tools  for  whistleblowing  continue  to  be  under  preparation.  Work  is  ongoing  to 
develop a digital portal to process whistleblowing reports64. In August 2024, the UN Human 
Rights  Committee  asked  Malta  to  improve,  in  law  and  in  practice,  the  regime  for  the 
protection of whistleblowers, going  further than the Protection of the Whistleblower Act  of 
2021,  and  to  ensure  that  perpetrators  of  corruption  are  prosecuted  and  punished 
appropriately65. The Ombudsman office is designated by law as one of the external reporting 
channels for persons working in the private sector66. While there are no indications of general 

55   An exchange visit with the US counterparts took place in 2024, and a seminar on anti-corruption is planned 

for July 2025. Country visit Malta, Chief of Justice. 

56   Chief of Justice (2024). Members of the  judiciary  are bound to  the  Code of Ethics (of 2010), focused on 

impartiality, integrity, and independence. 

57   GRECO (2024), pp. 9-10. 2024 Rule of Law report, Malta, pp.15-16. 
58   The  Commissioner  dealt  with  11  complaints  and  examined  2  cases  of  ethical  misconduct.  Country  visit 

Malta, Commissioner for Standard in Public Life.  

59   Repubblika (2025), written input, p. 16. 
60   After examination by the Commissioner, the declarations from MPs are kept by the Standard Committee of 
the  Parliament,  and  those  from  Ministers  are  kept  by  the  Prime  Minister’s  office.  The  declarations  are 
publicly  accessible,  in  person  only,  after  request.  Country  visit  Malta,  Commissioner  for  Standards  in 
Public Life. 

61   Last year the Commissioner addressed a written request to the Prime Minister (urging Ministers to file their 
declaration of asset) and to Parliament (invoking the reform of the asset declaration system, in line with the 
recommendations  from  the  OECD).  Commissioner  for  Standard  in  Public  Life  (2024  and  2025).  This 
situation  raised  concerns  from  stakeholders.  Country  visit  Malta,  Daphne  Caruana  Galizia  Foundation, 
Repubblika and Aditus Foundation. 

62   Board of Inquiry (2021), OECD (2023) and GRECO (2024). 2024 Rule of Law Report, Malta, pp. 11-15. 
63   Country visit Malta, Ministry of Justice. Media report concerns the lack of Government action on lobbying. 

Malta Today (2025a). 

64   2024 Rule of Law Report, Malta, p. 17.   
65   UN Human Rights Committee (2024).  
66   The  Ombudsman  office  is  designated  under  the  Protection  of  the  Whistleblower  Act  as  the  external 
reporting channel for persons working in the private sector who want to report on breaches relating to  (i) 

9 

 
 
 
 
deficiencies  of  this  mechanism,  one  stakeholder  highlighted  that  the  Ombudsman’  mandate 
would only allow for investigations within the public sector, not within the private sector67. 
No  whistleblower  reports  concerning  corruption  have  been  identified  by  public  authorities 
and notified to the PCAC in 2024 68. 

Auditing  institutions  indicated  weaknesses  on  the  use  of  public  funds  and  changes  of 
public procurement procedures. Businesses’ attitudes towards corruption in the EU shows 
that  38%  of  companies  (EU  average  25%)  think  that  corruption  has  prevented  them  from 
winning a public tender or a public procurement contract in practice in the last three years69. 
70% perceive the level of independence of the public procurement review body (The Public 
Contracts  Review  Board)  as  very  or  fairly  good70.  The  Single  Market  and  Competitiveness 
Scoreboard  on  access  to  public  procurement  in  Malta  reports  15%  of  single  bids  for  2023 
(EU average 29%). In 2024, both the National Audit Office (NAO) and the Internal Audit and 
Investigations Department (IAID) increased their personnel71. NAO indicated weaknesses in 
the use of public funds, also by municipal authorities, including instances of bypassing public 
procurement  regulations72.  Companies  that  are  members  of  the  Chamber  of  Commerce  are 
committed to apply anti-corruption measures73, also to favour a system of incentives in public 
tenders for companies that implement integrity programs 74.  

The  European  Court  of  Justice  found  that  Malta’s  investor  citizenship  scheme  is  in 
breach of EU Law. In 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 cooperation75. On 
29  April  2025,  the  CJEU  confirmed  these  violations,  stating  that  the  investor  citizenship 
scheme amounts to the “commercialisation” of Union citizenship76. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM  

The  Government  is  preparing  legislation  aiming  to  provide  the  media  regulator  with 
new competences. The legislation under preparation is intended to align Maltese legislation 

conduct  involving  substantial  risk  to  public  health  or  safety  or  the  environment  that  would  if  proved, 
constitute  a  criminal  offence;  and  (ii)  all  matters  which  constitute  improper  practices  and  which  are  not 
designated to be reported to any other authority. 

67   Repubblika (2022), p. 28. 
68   PCAC (2025), written input, p. 4. 
69   Flash  Eurobarometer  557  on  Businesses’  attitudes  towards  corruption  in  the  EU  (2025).  This  is  13 

percentage points above the EU average. 
70   2025 EU Justice Scoreboard, Figure 59. 
71    NAO the hired 12 auditors, and it now has a staff of 55 officers, for a budget EUR 4 450 000. On average, 
almost 85% of recommendations issued by the NAO to public authorities are complied with. NAO (2025), 
written input, p. 2. NAO (2024a, b and c). In 2024, the IAID hired 17 officials, with a plan to recruit 5 more 
in 2025. Maltese Government (2025), written input, p. 23, and Country visit Malta, IAID. 

72   In  its  reports  of  2024,  NAO  indicated  the  following  weaknesses:  information  for  audit  purposes  not 
submitted; weak internal controls; bypassing of public procurement regulations; shortcomings in payments; 
unsatisfactory  project  management;  incomplete  and  inaccurate  compilation  of  accrual  accounting  returns. 
NAO (2024a, b and c). 

73    Anti-corruption measures are part of the Good Governance Manifesto. Chamber of Commerce (2020). 
74    With  a  system  of  incentives  in  public  tenders  for  companies  that  implement  integrity  programs.  Country 

visit Malta, Chamber of Commerce. 
75   2024 Rule of Law Report, Malta, p.18. 
76   Court of Justice of the European Union, Grand Chamber,  case C-181/23, Commission v Malta (Citizenship 

by investment). 

10 

 
 
 
with  the  European  Media  Freedom  Act  by  amending  the  Broadcasting  Act77.  The 
amendments  would  bestow  on  the  Broadcasting  Authority,  the  country’s  media  regulator, 
further responsibilities, including scrutiny of mergers in the media market and oversight over 
the allocation of state advertising. While awaiting the adoption of this legislation, the Media 
Pluralism  Monitor  (MPM)  2025  has  raised  its  risk  analysis  from  low-risk  to  medium-high 
risk in relation to the independence of the media regulator because of certain decisions taken 
by  the  Broadcasting  Authority  and  the  lack  of  implementation  of  the  reforms  suggested  by 
the Caruana Galizia public inquiry report in this respect78. The Monitor confirms its high-risk 
score in the area of market plurality and its medium-risk score in relation to transparency of 
state advertising79.  

the  objectivity, 

There  has  been  no  progress  to  enhance  the  independent  governance  and  editorial 
independence of public service media80. While the final report of the Committee of Media 
Experts specifically recommended the setting up of an ad hoc committee to propose measures 
to  ensure 
impartiality,  and  accountability  of  public 
broadcasting81, the Government’s position is that Malta’s constitutional and legal framework 
safeguards the independence of public service media in a democratic society82. The MPM has 
consistently  considered  the  independence  of  public  service  media  to  be  an  area  presenting 
very high risk in Malta, which it confirms again this year highlighting political appointments, 
opaque finances and the  significant  number of instances where political  bias was proven in 
the broadcaster’s coverage83. Therefore, no progress has been made on the recommendation.  

independence, 

There has been limited progress with regard to adopting safeguards to improve access 
to  official  documents84.  The  integrated  e-management  system  designed  to  enhance  the 
processing, accessibility and transparency of access to documents requests has not yet been 
set up, but the Government expects it to be operational in 202585. In the meantime, there still 
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. 
Civil  society  organisations  confirm  that  while  civil  society  and  journalists  face  numerous 
obstacles  when  requesting  public  information,  the  Data  Protection  and  Information 
Commissioner continues to provide a reliable review mechanism when complaints are lodged 
with  this  office86.  For  these  reasons,  MPM  2025  confirms  its  high-risk  score  for  this  area, 
referring  to  the  various  unanswered  calls  for  legislative  reform,  the  numerous  obstacles 

77   The Broadcasting Act, Cap 350 of the Laws of Malta.  
78     Centre for Media Pluralism and Media Freedom (2025), p.17. 
79   Centre for Media Pluralism and Media Freedom (2025), p. 19 and pp. 28-29 respectively. 
80   The  2024  Rule  of  Law  Report  recommended  to  Malta  to  “[s]trengthen  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”. 

81  The Committee of Experts on Media was established by the Government on 3 January 2022 and delivered its 
Final Report on 24 July 2023. The recommendation in relation to public broadcasting is found on page 15 
of the report.  

82    Written contribution from the Government of Malta in the context of the country visit to Malta. 
83   Centre for Media Pluralism and Media Freedom (2025), pp. 29-30. 
84   The  2024  Rule  of  Law  Report  recommended  to  Malta  to  “[a]dopt  legislative  and  other  safeguards  to 
improve  …  access  to  official  documents,  taking  into  account  European  standards  on  access  to  official 
documents”. 

85   Written contribution from the Government of Malta in the context of the country visit to Malta. 
86   Written  contributions  from  Daphne  Caruana  Galizia  Foundation  (p.  31)  and  Repubblika  (p.  24)  in  the 
context of the country visit to Malta. Information received from  Reporters Without Borders (Malta) in the 
context of the country visit to Malta. 

11 

 
 
 
journalists  and  citizens  experience  to  access  public  information  and  the  numerous  appeals 
lodged  by  Government  when  the  right  to  access  is  upheld  by  the  Data  and  Information 
Commissioner87.  Overall, 
the 
recommendation. 

limited  progress  has  been  made  on 

this  part  of 

Apart from a law on cross-border strategic lawsuits, additional legislation in the area of 
the  protection  of  journalists  and media  freedom  remains  pending88.  The  Committee  on 
Media  Experts’  Final  Report,  presented  in  July  2024,  had  suggested  that  various  areas  of 
media freedom and aspects of journalists’ working conditions in Malta required reform. Since 
then,  only  the  Strategic  Lawsuits  Against  Public  Participation  Order  was  enacted89  in  July 
2024. Civil  society organisations and the Institute of Maltese Journalists have criticised the 
fact that the Government did not include amendments which would have extended protection 
to lawsuits not involving a cross-border element90. Some stakeholders also point out that the 
use of strategic lawsuits against journalists remains an issue91. Whereas the White Paper on 
media  issues  announced  by  the  Government  in  October  202392  has  not  been  tabled,  the 
Government  is  preparing  the  alignment  of  Maltese  legislation  with  the  European  Media 
Freedom  Act.  In  that  context,  the  Government  has  indicated  that  amendments  will  provide 
safeguards 
to  protection  of  sources  and  confidential 
communications,  protection  against  surveillance  and  a  ban  on  spyware93.  For  these  reasons 
MPM 2025 maintains its medium risk score for this area highlighting that there have been no 
tangible  reforms94.  Though  various  judicial  processes  are  ongoing,  there  have  been  no 
convictions,  to  date,  for  the  mastermind  behind  the  assassination  of  Daphne  Caruana 
Galizia95.  The  Council  of  Europe  Platform  to  promote  the  protection  of  journalism  and  the 
safety of journalists has reported no new alerts relating to the safety of journalists since the 
publication of the last rule of law report96 The Media Freedom Rapid Response mechanism 
registered  ten  new  alerts  relating  to  criticism  for  the  above-mentioned  anti-SLAPP 
legislation;  a  controversial  fine  imposed  by  the  media  regulator  on  a  radio  station; 
government calls for the re-introduction of criminal libel; a ban on photographers for a court 
ceremony; the Prime Minister labelling certain outlets as ‘fake news’; threats to a news crew 
by a crowd and government decisions to reject certain freedom of information requests97. 

journalists 

relation 

for 

in 

87   Centre for Media Pluralism and Media Freedom (2025), pp. 14-15. 
88   The 2024 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’.  

89   Subsidiary Legislation 460.40 of the Laws of Malta.  
90   Written  contributions  from  Daphne  Caruana  Galizia  Foundation  (p.  32)  and  Repubblika  (p.20)  in  the 
context of the country visit to Malta. Information received from the Institute of Maltese Journalists (IGM) 
in the context of the country visit to Malta. See also: Times of Malta (2025a). 

91 Written contributions from Daphne Caruana Galizia Foundation (p. 22).  
92   See 2024 Rule of Law Report, Malta, pp. 18-19. 
93   Written contribution from the Government of Malta in the context of the country visit to Malta. 
94   Centre for Media Pluralism and Media Freedom (2025), p. 11 and pp. 14-16. 
95  On 5 June 2025 a jury found two members of a criminal gang guilty of complicity in Ms Caruana Galizia’s 
murder for having supplied the explosives that killed the journalist.   
96   Council of Europe, Platform to promote the protection of journalism and safety of journalists. 
97    European Centre for Press and Media Freedom, Media Freedom Rapid Response – Malta. 

12 

 
 
 
IV. 

OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

There  has  been  limited  progress  on  the  recommendation  to  introduce  a  formal 
framework  for  public  participation  in  the  legislative  process98.  While  there  were  no 
developments regarding the introduction of a formal framework for public participation in the 
legislative  process,  the  Government  declared  its  intention  to  establish  a  new  Public 
Consultation  Department99.  The  Department  would  be  responsible  for  consultations  on 
national and EU affairs, serving as the Government’s primary channel for public engagement, 
facilitating  dialogue  on  a  wide  array  of  issues  relevant  for  citizens  and  stakeholders.  The 
Government  declared  its  intention  to  submit  a  draft  law  by  June  2025.  While  business 
stakeholders admit they are usually consulted on some relevant legislation, they also point out 
that slow law-making processes or sudden changes in legislation affect businesses100. Based 
on the above, limited progress has been made to implement the recommendation to introduce 
a formal framework for public participation in the legislative process. 

Draft legislation to set up a National Human Rights Institution has yet to be introduced 
in  Parliament101.  The  Government  is  continuing  working  on  two  draft  Bills  aiming  at 
establishing a National Human Rights Institution, with a view to submit it to Parliament by 
June 2025102. The UN Paris Principles should be a central element in this work. In November 
2024, the Parliamentary Ombudsman presented a Bill to the Maltese Government in order to 
be  designated  as  the  National  Human  Rights  Institution,  however  this  proposal  remained 
unanswered103.  Based  on  the  above,  no  progress  has  been  made  to  implement  the 
recommendation to establish a National Human Rights Institution. 

On 1 January 2025, Malta had 14 leading judgments of the European Court of Human 
Rights  pending  implementation,  a  decrease  of  1  compared  to  the  previous  year104.  At 
that  time,  Malta’s  rate  of  leading  judgments  from  the  past  10  years  that  had  been 
implemented was at  43% (unchanged from 2024;  57% remained pending),  and the  average 
time  that  the  judgments  had  been  pending  implementation  was  6  years  and  6  months 
(compared to 6 years in 2024)105. The oldest leading judgment, pending implementation for 
16 years, concerns disproportionate restrictions to property rights106. As regards the respect of 
payment deadlines, on 31 December 2024 there was 1 case in total awaiting confirmation of 

98   The  2024  Rule  of  Law  Report  recommended  to  Malta  to  “[i]ntroduce  a  formal  framework  for  public 

participation in the legislative process”. 

99   Country visit Malta, Office of the Prime Minister. 
100   Country visit Malta, Malta Business Bureau and Malta Chamber of Commerce. 
101   The 2024 Rule of Law Report recommended to Malta to “[s]tep up measures to establish a National Human 

Rights Institution taking into account the UN Paris Principles”.  

102   Maltese Government (2025), written input, p. 42. Country visit Malta, Maltese Government.  
103   Parliamentary  Ombudsman  (2025),  written  input.  In  the  context  of  the  country  visit,  Aditus  Foundation 
expressed  doubts  about  the  appointment  of  the  Ombudsman  as  National  Human  Rights  Institution, 
highlighting  that  it  would  miss  the  necessary  expertise  to  cover  this  role.  On  the  other hand,  Repubblika 
declared  its  support  to  the  Ombudsman’s  proposal.  On  a  first  review,  the  Government  observed  that  the 
Ombudsman lacks alignment with the Paris Principles, and that it should not be entrusted with excessively 
broad judicial powers. Maltese Government (2025), reply to targeted questions, p. 20. 
104   For an explanation of the supervision process, see the website of the Council of Europe.   
105   All figures calculated by the European Implementation Network (EIN) and based on the number of cases 
that are considered pending at the annual cut-off date of 1 January 2025. EIN (2025), written input, pp. 6-7. 
106   Judgment of the ECtHR, judgment of 2006 Ghigo v. Malta, case 31122/05, pending implementation since 

2006.  

13 

 
 
 
payments  (compared  to  6  in  2023)107.  On  16June  2025,  the  number  of  leading  judgments 
pending implementation had increased to 16108. 

Over  two  thirds  of  the  companies  surveyed  in  Malta  express  confidence  in  the 
effectiveness  of  investment  protection109.  77%  of  companies  are  very  or  fairly  confident 
that  investments  are  protected  by  law  and  courts110.  As  regards  authorities  relevant  for 
economic  operators,  82%  perceive  the  level  of  independence  of  the  national  competition 
authority (Malta Competition  and Consumer Affairs Authority) as very or fairly  good111. A 
number of judicial mechanisms are in place at the level of the Court of Appeal to ensure the 
implementation  of  administrative  court  judgments,  including  fines  for  responsible  officials 
for  non-compliance,  the  possibility  to  quash  administrative  decisions  for  continued  non-
compliance with the court’s instructions, and to award direct damages and compensation112. 

A  legislative  reform  increasing  the  threshold  for  citizens  to  directly  petition  a 
magisterial  inquiry  has  given  rise  to  concerns  among  some  stakeholders  about  its 
potential  impact  on  prosecutions  of  high-level  offences.  In  April  2025,  Parliament 
approved  a  bill,  reforming  the  mechanism  of  magisterial  inquiries113.  This  procedure  had 
allowed  citizens  to  trigger  investigations  on  serious  offences  where  law  enforcement 
authorities  (in  particular,  the  Police)  had  not  acted,  triggering  prosecution  in  a  number  of 
emblematic cases114. The most controversial change relates to the right of citizens to directly 
petition for a magisterial inquiry. This  process has  now been  replaced,  by  a requirement  to 
file a report with the executive police, requesting the initiation of the inquiry. and some other 
conditions, resulting in a higher threshold for a petitioner to prompt an inquiry115: Based on 
the new provisions, citizens will only have the right to request the opening of a magisterial 

107   Council of Europe (2025), p. 157.   
108   Data according to the online database of the Council of Europe (HUDOC). 
109   The level of perceived investment protection is categorised as follows: very low (below 30% of respondents 
fairly  and  very  confident  that  investments  are  protected  by  laws  and  courts);  low  (between  30-39%), 
average  (between  40-59%),  high  (between  60-75%),  very  high  (above  75%).  The  same  categories 
analogously apply to the perception of independence of procurement and competition authorities.  

110   2025 EU Justice Scoreboard, Figure 54. Only 10% and 9% of the surveyed investors respectively perceive 
the frequent changes in legislation or concerns about the quality of the law-making process, and the quality, 
efficiency  or  independence  of  justice,  respectively,  as  a  reason  for  the  lack  of  confidence  in  investment 
protection. 

111   2025 EU Justice Scoreboard, Figure 60. 
112   EU Justice Scoreboard 2025, Figure 49. The data presented reflects exclusively the mechanisms in place at 
the level of the highest administrative jurisdictions; the same or other mechanisms may be in place at lower 
instance administrative courts. 

113   Bill  No.  125.  A  magisterial  inquiry  is  an  investigation  carried  out  by  a  magistrate,  acting  as  an  impartial 
officer for justice seeking to delve deeper upon the receipt of any report, information or complaint received 
by  the  Police,  the  Attorney  General  or  individuals,  regarding  any  offense  liable  to  the  punishment  of 
imprisonment exceeding three years. 

114   Recent  magisterial  inquiries  initiated  by  individual  petitions  include  11  corruption  cases,  also  involving 
high-level government officials  (among others, a former Prime Minister and former Chief of Staff). Open 
letter to EU entities regarding Bill 125 (2025), Repubblika, Daphne Caruana Galizia Foundation and Aditus 
(2025), common written input, p. 3-6. 

115   Among others, the Bill introduced: (i) a stricter requirement on the evidence to be provided by citizens; (ii) 
the possibility for the Magistrate to condemn the petitioner to pay the costs of the inquest if the complaint 
was unfounded; (iii) a retroactive application to pending (at the time of the adoption of the Bill) magisterial 
inquiries  in  respect  of  which  there  was  no  final  decision  yet  as  to  whether  the  inquiry  should  have 
commenced or not; (iv) a two-year deadline, after which all collected evidence would be passed on to the 
Attorney  General,  regardless  of  the  inquiry’s  status.  Stakeholders  furthermore  highlighted  the  lack  of 
meaningful consultation on the Bill.  

14 

 
 
 
inquiry  after  six  months  from  making  the  initial  report,  information  or  complaint.116  The 
Government explained that the amendment to the Criminal Code aims at avoiding vexatious 
claims  and  abuses  of  this  procedural  instrument117.  The  legislative  amendment  drew  strong 
criticism from some stakeholders, who see this reform as effectively closing off an important 
avenue for accountability and justice in Malta118.  

Legislation establishing a regulatory framework for  civil  society is  under  preparation. 
The civic space continues to be assessed as ‘narrowed’119. Following a public consultation, a 
draft  law  aimed  at  establishing  a  regulatory  framework  for  the  civil  society  sector  is  under 
preparation, with a view to have it submitted to Parliament by July 2025120. The Office of the 
Commissioner  for  Voluntary  Organisations  continued  its  comprehensive  dialogue  with  key 
stakeholders,  including  the  Malta  Council  for  the  Voluntary  Sector,  which  is  the  officially 
recognised  representative  body  of  the  voluntary  sector  and  voluntary  organisations121. 
Stakeholders  welcomed  the  launch  of  public  consultations,  while  stressing  the  need  to  see 
concrete advancements and awaiting the presentation of the draft legislation122. 

116   In an Open letter to EU entities regarding Bill 125 (2025), Maltese CSOs quoted a report showing that 25 

magisterial inquiries were launched by private individuals since 2017. 

117   See  the  contribution  of  the  Minister  of  Justice  of  2  February  2025,  ‘Enhancing  the  magisterial  inquiry 

process’, published on Times of Malta (2025b). 

118   Chamber of Advocates (2025), press release of 8 February 2025. Repubblika, Memorandum on the Right of 
Individual Petition for Magisterial Inquiries of 4 February 2025. Malta Chamber of Commerce, ‘Quest for 
Truth and Justice’, 10 February 2025. Country visit Malta, Aditus Foundation, The Daphne Caruana Galizia 
Foundation, Reporters sans Frontières.  

119   See  the  rating  given  by  CIVICUS.  Ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed, 

obstructed, repressed and closed. 

120   Country visit Malta, Commissioner for Voluntary Organisations. 
121   Maltese Government (2025), written input, p. 48. 
122   Country visit Malta, Repubblika, Daphne Caruana Galizia Foundation and Aditus. Civil Liberties Union for 

Europe. 

15 

 
 
 
 
Annex I: List of sources in alphabetical order* 

The list of contributions received in the context of the consultation for the 2025 Rule of Law report 
can 
https://commission.europa.eu/publications/2025-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

Aditus  Foundation  (2025),  Bill  125  –  In  Genere  Inquests,  https://aditus.org.mt/bill-125-in-genere-
inquests/#:~:text=Key%20Aspects&text=It%20bars%20potential%20complainants%20from,for%20c
onsultation%20with%20any%20stakeholders.  

Aditus Foundation (2025), Written contribution from Aditus Foundation in the context of the country 
visit to Malta. 

Attorney General office (2025), Written contribution from the Attorney General office in the context 
of the country visit to Malta. 

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

CCBE (2025), Written contribution received from CCBE in the context of the country visit to Malta. 

Centre  for  Media  Pluralism  and  Media  Freedom  (2025),  Media  Pluralism  Monitor  2025,  Country 
report for Malta, https://cmpf.eui.eu/projects/media-pluralism-monitor/. 

CEPEJ (2025), Study on the functioning of the judicial systems in the EU Member States.   

Chamber  of  Commerce  (2010),  Quest  for  Truth  and  Justice,  https://maltachamber.org.mt/quest-for-
truth-and-justice/.  

of 

Chamber 
https://www.maltachamber.org.mt/wp-content/uploads/2023/03/6d60e58d-286e-47dd-8b1f-
12ae7fc20d77.pdf.   

Commerce 

Business 

(2020), 

Ethical 

calls 

for 

change, 

Chief of Justice (2024), Speech on the occasion of the inauguration of the judicial year  2024-2025, 
https://judiciary.mt/en/speeches-by-the-chief-justice/.   

Commissioner  for  Standard  in  Public  Life  (2025),  Letter  to  the  Speaker  of  the  House  of 
https://standardscommissioner.mt/wp-content/uploads/letter-to-pm-2025-01-30-
Representatives, 
en.pdf.   

Commissioner 
in  Public  Life 
https://standardscommissioner.mt/wp-content/uploads/letter-to-pm-2025-01-30-en.pdf.   

(2024),  Letter 

for  Standard 

to 

the  Prime  Minister, 

Commissioner  for  Standard  in  Public  Life  (2024b),  Guidance  note  on  persons  of  trust, 
https://standardscommissioner.mt/wp-content/uploads/persons-of-trust-guidance-note-EN.pdf.   

Council of Europe: Committee of Ministers (2025), Supervision of the execution of judgments and 
decisions of the European Court of Human Rights, 18th Annual Report of the Committee of Ministers, 
https://rm.coe.int/gbr-2001-18e-rapport-annuel-2024/1680b4d77d. 

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

Court of Justice of the European Union, Grand Chamber, Judgment of 29 April 2025, Commission v 
Malta (Citizenship by investment), Case C-181/23. 

16 

 
 
 
 
 
 
Daphne  Caruana  Galizia  Foundation  (2025),  Written  contribution  from  Daphne  Caruana  Galizia 
Foundation in the context of the country visit to Malta. 

Directorate-General for Communication (2025), Eurobarometer 561. 

Directorate-General  for  Communication  (2025),  Flash  Eurobarometer  557  –  Businesses’  attitudes 
towards corruption in the EU. 

ECtHR, judgment of 22 October 2024, J.B. and Others v. Malta, case 1766/23. 

ECtHR, judgment of 26 September 2006, Ghigo v. Malta, case 31122/05.  

EPPO (2024), Annual Report, https://www.eppo.europa.eu/assets/annual-report-2024/index.html.   

European Centre for Press and Media Freedom, Media Freedom Rapid Response – Malta. 

European Commission (2023), 2023 EU Justice Scoreboard. 

European Commission (2025), 2025 EU Justice Scoreboard. 

European Commission (2024), 2024 Rule of Law Report, Country chapter on the rule of law situation 
in Malta. 

European Implementation Network  (2025), Written input for the 2025 Rule of Law Report. 

GRECO  (2024),  Fifth  Evaluation  Round,  Second  Compliance  Report,  https://rm.coe.int/fifth-
evaluation-round-preventing-corruption-and-promoting-integrity-i/1680aef0f5.  

IAID  (2024),  https://iaid.gov.mt/wp-content/uploads/2025/01/National-Risk-Assessment-on-Fraud-
and-Corruption_2024-update.pdf.   

Malta 
https://www.maltatoday.com.mt/news/national/133114/government_reticent_on_lobbying_register.   

Government 

lobbying 

(2025a), 

reticent 

Today 

register, 

on 

Maltese Government (2025), Written contribution from the Maltese Government in the context of the 
country visit to Malta. 

Motion No. 278 (2024), Act to amend the Constitution of Malta and Police Act, Cap 164, Relative to 
the  appointment  and 
the  Commissioner  of  Police  https://parlament.mt/14th-
removal  of 
leg/motions/motion-no-278-constitution-of-malta-and-the-police/.   

National Audit Office (2024a), Report by the Auditor General on the Workings of Local Government 
for  the  year  2023,  https://nao.gov.mt/2024/12/16/report-by-the-auditor-general-on-the-workings-of-
local-government-for-the-year-2023/.   

National  Audit  Office  (2024b),  Report  by  The  Auditor  General  on  the  public  accounts, 
https://nao.gov.mt/2024/12/11/report-by-the-auditor-general-on-the-public-accounts-2023/.   

National Audit Office (2024c), Follow-up Audits Report by the National Audit Office 2024 Volume II, 
https://nao.gov.mt/wp-content/uploads/2024/11/Nov-2024-Follow-up-report.pdf.   

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

framework 

appointed 

integrity 

elected 

for 

17 

 
 
 
OECD  (2023),  Review  of  the  Asset  and  Interest  Declaration System in Malta: Recommendations to 
improve  collection  and  verification  of  asset  and  interest  declarations  for  elected  and  appointed 
officials, https://one.oecd.org/document/GOV/PGC/INT(2023)12/FINAL/en/pdf.   

Parliamentary Ombudsman (2025), Written input from the Parliamentary Ombudsman in the context 
of the country visit to Malta. 

Permanent Commission Against Corruption (2025), Written input from the PCAC in the context of the 
country visit to Malta. 

Repubblika (2025), Contribution from Repubblika for the 2025 Rule of Law Report.  

Repubblika (2025), Written contribution from Repubblika in the context of the country visit to Malta. 

Times  of  Malta  (2025a),  Government  shoots  down  PN  amendments  to  anti-SLAPP  law, 
https://timesofmalta.com/article/government-shoots-pn-amendments-antislapp-law.1104429   

Times 
https://timesofmalta.com/article/enhancing-magisterial-inquiry-process.1104518.  

of  Malta 

magisterial 

Enhancing 

(2025b), 

the 

inquiry 

process, 

UN Office on Drugs and Crime (UNODC) (2003), United Nations convention against corruption.  

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

UN  Human  Rights  Committee  (2024),  Third  periodic  report  of  Malta,  Implementation  of  the 
International 
(CCPR/C/MLT/CO/3), 
https://digitallibrary.un.org/record/4060178?v=pdf#files.  

Covenant 

Political 

Rights 

Civil 

and 

on 

18 

 
 
 
 
Annex II: Country visit to Malta 

The Commission services held virtual meetings in March 2025 with: 

•  Office of the Prime Minister 
•  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 
•  Court Services Agency 
•  Police: Financial Crimes Investigations Department 
• 
Internal Audit and Investigations Department 
•  Permanent Commission Against Corruption 
•  Attorney General 
•  Secretariat of Parliament 
•  Chamber of Advocates 
•  Commissioner for Voluntary Organisations 
•  Chief Justice 
•  Association of Judges and Magistrates of Malta 
•  Malta Business Bureau  
•  Malta Chamber of Commerce 
•  Association of Media Owners 
• 
Institute of Maltese Journalists 
•  Broadcasting Authority 
• 
•  National Audit Office 
•  Repubblika 
•  Daphne Caruana Galizia Foundation 
•  Aditus Foundation 
•  Reporters Sans Frontieres 
•  State Advocate 
•  Commissioner for Standards in Public Life 
•  Public Services Commission 
•  Office of Parliamentary Ombudsman 

Information and Data Protection Commissioner 

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

•  Amnesty International  
•  Araminta  
•  Civil Liberties Union for Europe   
•  Civil Society Europe   
•  European Civic Forum   
•  European Partnership for Democracy  
•  European Youth Forum,  
• 
• 
• 
•  Philea – Philanthropy Europe Association.  
•  Transparency International   

International Commission of Jurists   
International Federation for Human Rights (FIDH)  
JEF Europe  

19