Maltese more demanding obver rule of law than EU peers, survey finds

95% of Maltese find it personally important or essential to them that the same laws and rules apply equally to every person, including all public authorities, irrespective of their personal circumstances, social status, wealth, political connections or origin – 2% above the EU average.

Thde finding comes from an EU-wide survey released this week as the Euroepan Commission set out a raft of “concrete initiatives” promoting, preventing and responding to rule of law issues.

Another 95% of Maltese said that those who make and apply laws should do so exclusively in the public interest – 4% above the EU average.

The same amount of Maltese respondents as the EU average (89%) believe that there should be independent controls to ensure that laws can be challenged and tested.

When asked whether certain aspects of the country needed to be improved, Maltese respondents said that there was a need for improvement in the law treating individuals equally (92%); improvements were needed to make sure those who make and apply laws do so exclusively in the public interest (92%); and in independent controls to ensure that laws can be challenged and tested (90%).

The EU averages for the aforementioned stood at 86%, 86%, and 82% respectively.

With regards to corruption, 96% said that it was essential or important to them that corruption involving public officials and politicians is properly investigated and those responsible are brought to justice – 2% higher than the EU average.

97% said that it was important that public officials and politicians do not use their positions to obtain benefits for themselves or their family members but take decisions in the public interest – 5% higher than the EU average.

This, again, translated into people saying that there was a need for improvement in both those areas, with 93% agreeing with the sentiments.

Respondents were also asked about the effectivity of judicial protection by independent courts, and people overwhelmingly agreed that this was personally important for them in every category, whilst also overwhelmingly saying that there was need for improvement in every aspect of the courts, slightly more than the EU average.

When it came to the Media and Civil Society, Maltese respondents showed marginally larger differences in how they view the situation, where, whilst there was a general and overwhelming agreement that many aspects of both the media and civil society were important, Maltese respondents saw a larger need for improvement than their EU counterpart when it came to issues of the Media and journalists criticizing the government or major economic interests without risk of intimidation (93% and 77%).

This was also reflected in the other categories where Maltese respondents said that there was a need for improvement in the allowance of civil society organisations and activists to operate freely, and an improvement in the rage of media allowing for sufficient information and the expression of different opinions, at 15% and 17% respectively when compared to their EU counterparts.

EC sets out ‘concrete initiatives’ promoting, preventing and responding to issues of rule of law

The data was rekleased on Wednesday, in tandem with the European Commission “setting out concrete initiatives grouped around three pillars: promoting a rule of law culture; preventing rule of law problems, and responding effectively to breaches of the rule of law”.

“As guardian of the Treaties, the European Commission has a unique role. However, all Union institutions and Member States are responsible for guaranteeing the respect of the rule of law as a fundamental value of our Union. Beyond that, an effective response also requires the support of civil society. The Commission is also calling on all to act.”

Stating after building on the lessons learnt since 2014 and detailed consultations since April this year, the Commission has decided on a series of measures to further strengthen the rule of law in Europe.

Over the past five years, the European Commission has had to deal with a series of challenges to the rule of law in the European Union. The European project relies on constant respect for the rule of law. This is a prerequisite for citizens to enjoy their rights under EU law and for mutual trust among Member States.

First Vice-President Frans Timmermans said that “The European Court of Justice has recently reaffirmed that the rule of law is essential for the functioning of the EU”.

“Its importance is also recognised by an overwhelming majority of EU citizens. However, it has come under attack in several ways in the past five years. The European Commission has been fighting hard to resist these attacks with the tools available to us and will continue to do so. Today we have decided to further strengthen our toolbox, to promote, protect and enforce the rule of law.”

The EC expanded on that three pillars by adding that to promote a common rule of law culture across Europe, “the Commission will follow up on the idea of a dedicated annual event for dialogue with civil society”.

“It will make full use of funding possibilities to empower stakeholders, including civil society, to promote the rule of law, and set up a dedicated communication strategy on the rule of law. The Commission will strengthen cooperation with the Council of Europe and other international organisations, as well as with judicial networks and national parliaments. The Commission calls on the European Parliament, the Council and Member States to engage fully in this process.”

To prevent rule of law problems from emerging, “the Commission has decided to set up a Rule of Law Review Cycle, including an annual Rule of Law Report covering all EU Member States”.

“This additional system will assist early detection of emerging rule of law problems wherever they appear. The Commission will deepen its monitoring of rule of law developments and invite all Member States to engage in a mutual exchange of information and dialogue, including through a network of national contact persons.”

“There should be a dedicated follow-up on the annual report with the Parliament and the Council. The Commission will also further develop the EU Justice Scoreboard and strengthen the dialogue with other EU institutions, Member States, European political parties and stakeholders.”

With regards to an effective common response to rule of law breaches, “the Commission will continue to make full use of its enforcement powers if early detection and prevention measures are not effective”.

“The Commission will adopt a strategic approach to infringement proceedings, bringing cases to the Court of Justice of the EU as necessary. In the light of the time-sensitivity of such cases, the Commission will request interim measures and expedited procedures when needed.”

“The Commission will also constructively support Member States in de-escalation and resolution of rule of law issues for the situation to be restored in a sustainable manner. In addition, the Commission calls on the European Parliament and the Council to reflect on a collective approach to managing Article 7 TEU cases with clear procedural rules.”