Malta developments on rule of law welcomed, but more needs to be done: European Commission
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The first-ever report by the European Union’s executive on rule of law gaps across the bloc, singled out challenges to media and the judiciary as key risks to upholding democratic standards.
The report said the coronavirus has served as a “stress test” of rule of law resilience across the bloc and that some emergency measures adopted by national governments to tackle the pandemic went too far.
The report provided a mixed reaction in its overview of development in Malta. It welcomed the recent approval of a string of new legislation aimed at improving the judicial system and separation of powers, but notes that the country’s track record in securing convictions in high-level corruption is lacking.
The EU executive noted how such reforms aim at strengthening judicial independence and the system of separation powers and respond to earlier recommendations made by the EU institutions. Of particular concern, the Commission notes that judicial proceedings remain lengthy at all levels and in all categories of cases.
Focusing on the key changes enacted, the report highlights the appointment of the Police Commissioner, the transfer of prosecution responsibilities – including for corruption-related cases – from the police to the Attorney General, a reform of the Permanent Commission Against Corruption, and new provisions to allow appeals against non-prosecution by the Attorney General.
The EU notes that further Constitutional changes may be in the offing, highlighting the growing role played by civil society in these recent developments.
“When emergency powers lower institutional checks on the decision makers, the scrutiny of public decisions by media and civil society becomes all the more important,” it said. “However, in certain Member States, media and civil society have been facing new obstacles.”
The second major area of concern was undermining the independence of the judiciary, with the report by the European Commission singling out for criticism Poland, Hungary, as well as Bulgaria, Romania, Croatia and Slovakia. It also noted related debates in Germany and Austria.
“Poland’s justice reforms since 2015 have been a major source of controversy,” the report said, adding that Hungary was also among member states where “the direction of change has given rise to serious concern about the impact of reforms on judicial independence.” The Commission also noted corruption woes in Bulgaria, Slovakia, Croatia, the Czech Republic, Hungary and Malta.
Justice Minister Edward Zammit Lewis said the report certified the significant historic reforms undertaken recently to strengthen rule of law and governance. “We are committed to go on with more reforms to further reinforce our democratic and institutional framework,” it added.
Speaking during a press briefing, Vice-President Vera Jourova said the Commission will not shy away from infringements in the future. It is high time to also have a tool to detect EU issues early on on the rule of law, she said.
The information in the document is not new, yet it is a genuine and useful overview of the situation of rule of law within the EU, Commissioner for Justice Didier Reynders said.
“If the rule of law is not respected in the Union how can we be taken seriously when we discuss with candidate countries,” he asked.
