Issue link: https://maltatoday.uberflip.com/i/1394633
6 NEWS maltatoday | WEDNESDAY • 21 JULY 2021 DAVID LINDSAY THE 2021 European Union Rule of Law Report has found that "seri- ous challenges" remain regarding the efficiency of the justice system, in particular the length of court proceedings. The report also highlighted the impact of the low number of judg- es and the lack of digitalisation of justice in Malta as contributing to the lack of efficiency. The report does note ongoing discussions to enhance the inde- pendence of specialised tribunals and that the 2020 reforms – in particular the reform of the sys- tem of judicial appointments and of judicial discipline – "have con- tributed to strengthening the in- dependence of the Maltese justice system". It notes how the "perception of judicial independence has "nota- bly improved" and that steps have been taken to depoliticise the ap- pointment of the Chief Justice, although the report makes it clear that "certain aspects of this proce- dure require further attention". The transfer of prosecutions from the police to the Attorney General is progressing. Whereas this transfer needs time, the report recommends it is important that it also covers less serious offences. As the report notes, "The Gov- ernment's plan is to continue, until 1 October 2024, transferring annually an additional number of offences to the Attorney General. "However, this plan does not include the transfer of contraven- tions or crimes punishable with a fine or a maximum of two years' imprisonment or less (summary cases). Currently, no clear indi- cation exists as to whether these cases would also be subject to the transfer. While this transfer needs appropriate time, it would be important to transfer all pros- ecutions, including for summary offences, to the Attorney General and to do so as soon as possible." On the digitalisation of justice, the report highlights "important gaps" including the lack of use of digital technology by the courts and prosecution services, the lack of electronic communication tools by courts and by the prosecution service, and a lack of digital solu- tions to conduct and follow court proceedings in criminal cases. Along such lines, it welcomes the law adopted in February 2021 that allows the Minister for Justice to enact regulations allowing for the electronic filing of criminal judicial acts, to electronically submit noti- fications, and to conduct criminal court proceedings online. The length of proceedings also remains a "serious concern". As the report highlights, the duration of litigious civil and commercial cases at first instance, in 2019, remained very long (465 days), showing an increasing trend. The duration of these proceed- ings in appeal was also very long (875 days) and the average length of money laundering cases re- mained "particularly long" in 2019 (over 1,350 days), even if with a de- creasing trend. "While the time needed to re- solve administrative cases at first instance remained lengthy, it has shown a decreasing trend. The clearance rate for civil, commer- cial, administrative and other cases in 2019 was below 100% and con- tinued to decrease. Serious concerns also about the efficiency of the Maltese justice system were also raised. "These concerns are exacerbat- ed by the COVID-19 pandemic that led to the suspension of the work of courts for a period and continues to hamper the activity of courts. In relation to criminal proceedings, in November 2020, the Minister for Justice announced amendments to speed up magis- terial inquiries and criminal pro- ceedings as well as to reduce the backlog in the Court of Appeal. Moreover, a new law in the field of civil procedure has been enacted that would provide for a shorten- ing of the compilation of evidence. "The law also appears to aim at reducing the backlog of cases be- fore the Court of Appeal by pro- viding the possibility for the appel- late court to grant a hearing only when necessary" Corruption: Conviction track re- cord in high-level cases 'remains to be established' When it comes to the new tar- geted anti-fraud and corruption strategy approved by the govern- ment, the Commission acknowl- edges that while investigative and prosecution bodies have improved their capacity to deal with corrup- tion cases, as evidenced by an in- crease in the number of cases that have been opened, "investigations continue to be lengthy depending on their complexity and a track record of convictions in high-level cases remains to be established". The verdict is still out, accord- ing to the report, on the recent reforms concerning the appoint- ment of the Police Commissioner and of the Commissioners of the Permanent Commission against Corruption, as well as the reor- ganised cooperation between the Police and the Attorney General. "The results," according to the Commission, "are are yet to be seen." Further changes are envisaged on the rules governing the integrity of public officials, including Mem- bers of Parliament and ministers, and specific guidance has been put in place to mitigate the risks of corruption in public procurement during the COVID-19 pandemic. Corruption perception relatively high The report says, "As stated in the 2020 Rule of Law Report, the ongoing investigation and sepa- rate public inquiry into the assas- sination of investigative journalist Daphne Caruana Galizia have unveiled deep corruption patterns and raised a strong societal de- mand for significantly strengthen- ing the capacity to tackle corrup- tion and carrying out wider rule of law reform." It also notes how the perception among experts and business exec- utives is that the level of corrup- tion in the public sector remains relatively high. It cites the 2020 Corruption Per- ceptions Index by Transparency International, where Malta scores 53/100 and ranks 15th in the Euro- pean Union and 52th globally. It acknowledges that a targeted National Anti-Fraud and Corrup- tion Strategy for the period 2021- 2024 was approved by the Gov- ernment in March. The Cabinet of Ministers approved the strategy, which was notified publicly to the Parliament in May 2021. Its pillars are training and educa- tion, sharing of information, insti- tutional cooperation (domestically and internationally), as well as ac- countability on public financing. The implementation of the strate- gy is coordinated by a committee chaired by the Internal Audit and Investigations Department (IAID). Representatives of the Ombuds- man office, the private sector, civil society and non-governmental organisations, however, regretted not having been invited or con- sulted prior to the adoption of the strategy. The report also underscores how, since October 2020, the Attorney General has taken over the pros- ecution of certain serious crimes, including high-level corruption. A total of 14 prosecutors are dedi- cated to financial crimes and, since the second quarter of 2020, a task force on complex financial crimes has been in place. Maltese journalists still face obstacles Journalists in Malta, the report notes, "still face obstacles when requesting access to information held by public authorities as well as in the exercise of their profes- sion more generally". It pays heed to the fact that the public inquiry into the assassina- tion of journalist Daphne Caruana Galizia continued to hear testimo- nies throughout 2020 and 2021, concluding its work on 15 July 2021, and that there have been de- velopments in the separate crimi- nal proceedings related to the case. Amendments to Broadcasting Act have not enhanced 'effective independence' Amendments to Malta's Broad- casting Act, according to the re- port, "have not introduced any changes which would enhance the Broadcasting Authority's effective independence". It also refers to the Constitu- tional Court case opened by Lovin Malta on the ownership by the two main political parties of their own television and radio stations. Lovin Malta's CEO, it should be noted, has since joined ranks with one of those parties as its official strate- gist. Also concerning the press, the report also refers, in favourable terms, to how Malta had estab- lished a support scheme for news media providers to counteract the adverse effects of the COVID-19 pandemic. 'Lack of consistency' in follow- ing-up Ombudsperson's recom- mendations While the report acknowledges that the Ombudsperson's role has been strengthened, it noted "a lack of consistency in the follow-up to his recommendations". The draft law on the establish- ment of a national human rights institution is also still under dis- cussion in Parliament. The report praises the fact that reforms carried out to enhance checks and balances on appoint- ment of persons exercising top executive functions as well as appointments to certain inde- pendent commissions, which had been proposed in 2020, have been adopted. "Remaining concerns regarding the appointment process for cer- tain other public bodies will be ad- dressed under the Constitutional Convention," the report suggests, observing that the timing and or- ganisation of the Convention are still to be set due to the ongoing COVID-19 pandemic. Limited public consultations in the law-making process Challenges remain in relation to the "limited use of public consultations in the law-making process, including on structural reforms. While civil society or- ganisations continue to partici- pate actively in the public debate, they raised certain concerns on access to funding and actions by the Commissioner for Voluntary Organisations." EU rule of law report Malta criticised for court delays, few judges and lack of digitalisation Key points • 'Serious challenges' hamper efficiency of justice system • Changes to Broadcasting Act have not enhanced 'effective independence' • Notes 'lack of consistency' in following-up Ombudsperson's recommendations • Highlights limited public consultations in the law- making process