Debate: Rule of Law in Malta: years after the assassination of Daphne Caruana Galizia and the need to protect journalists
Date: WEDNESDAY, 18 OCTOBER 2023
Speaker: Věra Jourová
Language: EN

Once again, the Commission condemns the assassination of journalist Daphne Caruana Galizia. Her murder was an attack on the free media and a wake-up call for the need to have stronger measures in place to protect journalists. It is not the Commission’s role to comment on the substance of ongoing national investigations. Early on, we have said very clearly that we expected a thorough and independent investigation. An investigation took place indeed, and a trial is ongoing.  Regarding the situation in Malta, I would like to say that we appreciate the cooperation of the Maltese authorities with the Commission on the reforms to be carried out. Efficiency of justice is essential to upholding the rule of law. Excessively long proceedings undermine the trust citizens place in national justice systems. In fact, in the 2023 Rule of Law Report, the Commission included a recommendation for Malta to further strengthen efforts to improve the efficiency of justice, particularly to reduce the length of proceedings. It is essential that Member States and EU institutions contribute within their respective roles to upholding the rule of law and protecting journalists in the EU. Last year, only 813 media freedom violations were recorded in the EU and candidate countries. The Commission’s annual Rule of Law Report has documented many of these threats and challenges to media pluralism in the European Union. In response to these, the Commission has taken a number of initiatives in the last two years to protect media freedom, namely a recommendation on the safety of journalists, and a recommendation, and mainly the legislative proposal, to fight strategic lawsuits against public participation. Thorough implementation of the recommendations by Member States, and rapid adoption by co-legislators of the legislative proposal, are key steps needed to ensure that we have the right safeguards on the ground. Besides these two initiatives, one year ago, the Commission adopted the European Media Freedom Act, a key proposal which complements our existing legislation in the field of media. The proposal, which we hope to agree with you as co-legislators soon, aims to protect the editorial independence of the media. It also seeks to guarantee that journalists and editors can work without interference, including when it comes to protecting their sources and communications against surveillance. I was so happy to hear, Minister, about the commitment of the Council, because we are now starting the trilogues, and I do hope we will finish it by the end of the Spanish Presidency. More generally, on the rule of law, the Commission published in July its fourth annual report, and this report assesses for the first time the implementation of the recommendations made in 2022. So let me come back to Malta and give you some additional information on the situation in the country. I will start with the justice system. The level of perceived judicial independence in Malta remains high. Some positive developments have taken place, such as the adoption of the Strategic and Operational Plan for the prosecution service, and the establishment of a steering committee to enhance the digitalisation of justice. However, no steps have been taken to involve the judiciary in the procedure for appointment of the Chief Justice. The Commission has reiterated its recommendation in this sense, taking into account European standards on judicial appointments, and also the opinion of the Venice Commission. Moreover, I have already signalled the Commission encourages Malta to continue efforts, including the appointment of new members of the judiciary to improve the efficiency of justice that has further deteriorated. With regard to anti-corruption, the recommendations of the Board of Inquiry that were issued following the public inquiry into the assassination of journalist Daphne Caruana Galizia remain to be implemented. The Commission continues to monitor the implementation of those relevant recommendations included in the public inquiry report, and will continue to do so until all those suggested actions are satisfactorily addressed. In the 2023 Rule of Law Report, you can also find acknowledgement that prosecution was launched by the Attorney General Office in relation to some cases, but challenges related to high-level corruption cases remain, including the lack of a robust track record of final judgements and on the length of investigations. Allow me also to say a few words on Malta’s investor citizenship scheme. Malta is the only Member State that continues to have such a scheme actively in place. The Commission maintains that the systematic granting by a Member State of its nationality, and thereby of EU citizenship, in exchange for a predetermined payment or investment, and without a genuine link with the Member State concerns, violates EU law, as it is not compatible with the concept of EU citizenship and the principle of sincere cooperation. While Malta has since March 2022 suspended its scheme for Russian and Belarusian nationals, it continues to operate the scheme for nationals of other countries. As our concerns remain, the Commission referred Malta to the Court of Justice of the European Union in March this year. Also, the Commission has issued recommendations to Malta on media freedom; the media reform process launched following the publication of the report of the Daphne Caruana Galizia public inquiry is still ongoing; and we recommend the legislative and other safeguards be adopted to improve the working environment of journalists. Furthermore, the rules and mechanisms to enhance the independent governance and editorial independence of public service media should be strengthened, taking into account European standards on public service media. The report also referred reflects the ongoing efforts of the Commissioner for Voluntary Organisations to enhance the civil society space. Finally, the lack of formalised process for public participation in the legislative process continues to raise concerns, and that is why the Commission has recommended to Malta to introduce such a framework. I want to thank you for your attention and I am now looking forward to listening to your interventions.