Debate: Assassination of Daphne Caruana Galizia and the rule of law in Malta
Date: THURSDAY, 25 MARCH 2021
Speaker: Věra Jourová
Language: EN

The Commission is closely following the developments in the criminal investigation regarding the murder of Daphne Caruana Galizia. We have repeatedly stressed the need for those responsible for her assassination to be brought to justice, without any political interference. The Commission has also welcomed the ongoing public inquiry as a positive aspect, as it also gives the possibility to civil society in Malta to monitor developments and to play a role in defending the rule of law. And indeed, the inquiry praised a strong public demand for a strengthened capacity to tackle corruption and wider rule-of-law reforms. The work of Daphne Caruana Galizia unveiled patterns of corruption, fraud and money laundering. Recent events resulting from a magisterial inquiry that was inspired by Daphne’s work are very symbolic. They show the value and importance of media freedom in a free and open society, and today they also show that the prosecution and justice system in Malta can work. We all, and particularly her family, expect that justice be ultimately fully served. The 2020 rule-of-law report acknowledges that a number of significant reforms of the Maltese justice system were adopted last year. In particular, the reforms of the system of judicial appointments and of disciplinary proceedings aim at strengthening judicial independence and the system of the separation of powers. They also aim at responding to some of the Venice Commission’s recommendations and the recommendations from the European Commission and from the Council in the framework of the European Semester. Also a prosecution service under the authority of the Office of the Attorney General, and fully separate from the State Advocate, has been set up and these are all steps in the right direction. But important concerns remain as regards the efficiency of the justice system – the judicial proceedings being very long at all levels, and in all categories of cases.  As regards the anti-corruption framework, it still lacks a track record of securing convictions in high-level corruption cases. We take note that authorities have launched broad reforms to address gaps and strengthen the institutional anti-corruption framework, including law enforcement and prosecution. The effective implementation of these reforms will show the extent to which the Maltese Government has addressed the recommendations from the Venice Commission and the group of states against corruption – GRECO – in addition to those from the European Commission. The assassination of Daphne Caruana Galizia was widely seen as an attack on the free press. It triggered concerns about media freedom and the safety of journalists in Malta and beyond. We see the increasing number of threats against investigative journalists online and offline across the whole of Europe. And this is why we need to act. The Commission is now working on a recommendation to Member States on the safety of journalists. On Tuesday I opened the first ever European news media forum with a dialogue on the safety of journalists. Several Members of the European Parliament participated in this event and today it is Matthew Caruana Galizia, the son of Daphne Caruana Galizia and the director of the Daphne Caruana Galizia Foundation, who is delivering the closing address at this event.  Other areas of concern regarding the media in Malta include the effective independence of the media regulator. The ownership, control or management by the two main political parties in Malta of multiple Maltese media outlets continues to have a significant impact on the Maltese media landscape. The reforms of institutional rules, such as limiting the role of the Prime Minister in the appointment of independent commissions, aim at strengthening the overall system of checks and balances and at responding to some of the recommendations made by the Venice Commission. In light of these findings, the Commission has called on the Maltese authorities to do three things in particular. One, continue with its reform efforts. Two, ensure a wide consultation of society on these reforms. And three, ensure a proper implementation of the reforms already adopted.  The Commission has underlined the need for an inclusive approach when preparing and adopting structural reforms that have a strong impact on the rule of law. It is also important to follow the recommendations from the Council of Europe. Such reforms can only succeed when support for them is widespread in the society. This is why it is vital that all relevant actors, including civil society organisations and the people, have their say. The Commission is in contact with the Maltese authorities in the spirit of sincere cooperation in order to support reform steps.