Issue link: https://maltatoday.uberflip.com/i/1193631
maltatoday | WEDNESDAY • 30 MAY 2018 9 NEWS 9 LETTERS & EDITORIAL maltatoday MaltaToday, MediaToday Co. Ltd, Vjal ir-Rihan, San Gwann SGN 9016 MANAGING EDITOR: SAVIOUR BALZAN EXECUTIVE EDITOR: MATTHEW VELLA DEPUTY EDITOR: PAUL COCKS Tel: (356) 21 382741-3, 21 382745-6 • Fax: (356) 21 385075 Website: www.maltatoday.com.mt E-mail: newsroom@mediatoday.com.mt maltatoday | WEDNESDAY • 18 DECEMBER 2019 THERE has been much misunderstand- ing surrounding calls by various members of the European Parliament for Article 7 procedures to be initiated against Malta. Article 7 is a procedure in the treaties of the European Union to suspend certain rights from a member state: including voting rights in the European Council. It is usually enacted where the EU iden- tifies a member persistently breaching the EU's founding values: respect for hu- man dignity, freedom, democracy, equal- ity, the rule of law and respect for human rights, including the rights of persons be- longing to minorities. But contrary to popular perceptions, this week's debate in the EP Plenary was not about triggering Article 7 against Malta. In reality, MEPs will demand that Brus- sels "start a dialogue" with the Maltese government in the context of the Rule of Law Framework "without further undue delay". The rule of law framework's objective is to prevent emerging threats to the rule of law to escalate to the point where the Commission has to trigger the mecha- nisms of Article 7 of the Treaty on Euro- pean Union. Technically, then, today's vote is a last- ditch effort to prevent Article 7 from be- coming necessary. This is done through a three-stage process that comprises a Commission assessment of the situation in Malta, a Commission recommenda- tion, and finally the monitoring of the Malta's follow-up to the Commission's recommendation. If no solution is found within the rule of law framework, Article 7 is the last resort to resolve a crisis and to ensure the EU country complies with EU values. As such, it was perhaps unhelpful of EP President Antonio Tajani to describe to- day's vote by the Plenary as a 'vote of no confidence in Joseph Muscat'. "We need to restore dignity to a coun- try that should not be regarded as a place where dirty money is recycled or where passports are sold to Russian magnates. That dignity can only be restored when Muscat resigns," Tajani said. In the first place, Muscat's politi- cal downfall has been sealed; and while doubts may persist as to his delayed de- parture, Muscat's role of prime minister has effectively already been terminated. He now persists only in a caretaker ca- pacity, and only until a new Labour leader (and de facto prime minister) is appoint- ed on January 12. Statements such as Tajani's – while wel- comed by Nationalist (and other) MEPs - only feed into the misconception that the vote is being spearheaded by the Euro- pean People Party's for EU-level partisan purposes: provoking knee-jerk defensive reactions from those who feel Malta is be- ing 'picked on'. This view, however, does not take into account the position of Labour's own po- litical grouping, the S&D: which could not ignore calls to have Malta brought into dialogue with the European Com- mission to sort out its shortcomings on rule of law. Significantly, however, the European Socialists also demanded that the Com- mission apply an equal yardstick with member states caught breaching the EU's standards on values: including those un- der EPP governments, such as Jungary. This week's debate in the European Parliament should therefore serve as a useful tool: on one level, to help the Eu- ropean Union come up with a consistent way to tackle such problems in all mem- ber states; and on another, to help Malta identify and overcome the problems that have dogged the consistent application of rule of law. Paradoxically (given his past views on EU membership) it fell to former prime min- ister Alfred Sant to spell it out succinctly in his intervention yesterday: "That Malta faces serious problems of governance is clear. They arose in the context of the horrendous murder of journalist Daphne Caruana Galizia and also beyond… There have been fatal failures of judgement even at the top level. The political price for them is being paid." But Sant called for a dispassionate re- view of the situation leading to reforms that will ensure no future repetition of past mistakes. "When considering how European val- ues are being respected, we must follow objective criteria, applied to all by an in- stitution that all can trust. […] There has to be a right way for this assembly to con- sider the affairs of Malta, one that would be applied equally to other member states like Hungary or Poland. No matter how well intentioned, the direction in which this debate has been driven is not the right way, not for Malta, neither for Eu- rope. We need a better way." Sant is right that a better way is needed; but it is premature to dismiss today's vote as a step backwards in the pursuit of a functional rule of law. Rather than decry what many perceive to be undue interference in local politics, we should recognise today's vote as an important opportunity to undertake nec- essary reforms which will ultimately ben- efit the citizens of Malta. Ultimately, the rule of law exists to guar- antee protection for ordinary citizens against abuse of power by the State… and recent events have clearly shown that the structures in place are not fit for purpose. It remains unfortunate that Malta proved incapable of ironing out its prob- lems without the need for overseas inter- vention. But now, the important thing is to ensure that the reforms are under- taken. An opportunity to strengthen rule of law Mikiel Galea