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Fourth Round Evaluation Report on Malta

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Fourth Round Evaluation Report on Malta F O U R T H Adoption: 12 December 2014 Public Publication: 23 June 2015 Greco Eval IV Rep (2014) 4E E V FOURTH EVALUATION ROUND A L Corruption prevention in respect of members of parliament, judges and prosecutors U A T I EVALUATION REPORT O MALTA N R O Adopted by GRECO at its 66th Plenary Meeting (Strasbourg, 8-12 December 2014) U N GRECO Secretariat Directorate General I Council of Europe Human Rights and Rule of Law www.coe.int/greco D F-67075 Strasbourg Cedex Information Society and Action +33 3 88 41 20 00 against Crime Directorate 2 TABLE OF CONTENTS EXECUTIVE SUMMARY ..................................................................................................................................... 4 I. INTRODUCTION AND METHODOLOGY ..................................................................................................... 6 II. CONTEXT .................................................................................................................................................. 8 III. CORRUPTION PREVENTION IN RESPECT OF MEMBERS OF PARLIAMENT ................................................ 10 OVERVIEW OF THE PARLIAMENTARY SYSTEM ............................................................................................................... 10 TRANSPARENCY OF THE LEGISLATIVE PROCESS ............................................................................................................. 10 REMUNERATION AND ECONOMIC BENEFITS ................................................................................................................. 11 ETHICAL PRINCIPLES AND RULES OF CONDUCT .............................................................................................................. 12 CONFLICTS OF INTEREST .......................................................................................................................................... 13 PROHIBITION OR RESTRICTION OF CERTAIN ACTIVITIES ................................................................................................... 14 Incompatibilities, accessory activities and post-employment restrictions ................................................... 14 Gifts ............................................................................................................................................................. 14 Financial interests, contracts with State authorities ................................................................................... 15 Misuse of confidential information and third party contacts ...................................................................... 15 Misuse of public resources ........................................................................................................................... 15 DECLARATION OF ASSETS, INCOME, LIABILITIES AND INTERESTS ....................................................................................... 15 SUPERVISION AND ENFORCEMENT ............................................................................................................................. 16 ADVICE, TRAINING AND AWARENESS ......................................................................................................................... 18 IV. CORRUPTION PREVENTION IN RESPECT OF JUDGES ............................................................................... 19 OVERVIEW OF THE JUDICIAL SYSTEM .......................................................................................................................... 19 RECRUITMENT, CAREER AND CONDITIONS OF SERVICE ................................................................................................... 21 CASE MANAGEMENT AND PROCEDURE ....................................................................................................................... 24 ETHICAL PRINCIPLES, RULES OF CONDUCT AND CONFLICTS OF INTEREST ............................................................................. 26 PROHIBITION OR RESTRICTION OF CERTAIN ACTIVITIES ................................................................................................... 27 Incompatibilities and accessory activities, post-employment restrictions ................................................... 27 Recusal and routine withdrawal .................................................................................................................. 28 Gifts ............................................................................................................................................................. 29 Misuse of confidential information and third party contacts ...................................................................... 29 DECLARATION OF ASSETS, INCOME, LIABILITIES AND INTERESTS ....................................................................................... 30 SUPERVISION AND ENFORCEMENT ............................................................................................................................. 30 ADVICE, TRAINING AND AWARENESS ......................................................................................................................... 33 V. CORRUPTION PREVENTION IN RESPECT OF PROSECUTORS .................................................................... 36 OVERVIEW OF THE PROSECUTION SERVICE .................................................................................................................. 36 RECRUITMENT, CAREER AND CONDITIONS OF SERVICE ................................................................................................... 37 CASE MANAGEMENT AND PROCEDURE ....................................................................................................................... 38 ETHICAL PRINCIPLES, RULES OF CONDUCT AND CONFLICTS OF INTEREST ............................................................................. 38 PROHIBITION OR RESTRICTION OF CERTAIN ACTIVITIES ................................................................................................... 39 Incompatibilities and accessory activities, post-employment restrictions ................................................... 39 Recusal and routine withdrawal .................................................................................................................. 40 Gifts ............................................................................................................................................................. 41 Misuse of confidential information and third party contacts ...................................................................... 41 DECLARATION OF ASSETS, INCOME, LIABILITIES AND INTERESTS ....................................................................................... 41 SUPERVISION AND ENFORCEMENT ............................................................................................................................. 41 ADVICE, TRAINING AND AWARENESS ......................................................................................................................... 42 VI. RECOMMENDATIONS AND FOLLOW-UP ................................................................................................. 43 ANNEX ........................................................................................................................................................... 45 3 EXECUTIVE SUMMARY 1. The geographical situation and population size of Malta has a significant effect on personal and professional relationship networks and in shaping domestic policies. This can, on the one hand, help ensure transparency and act as a restraint on power and wrongdoing in its community, but, on the other hand, also involves risk factors which can increase vulnerability to corruptive practices. To mitigate the risk, openness and accountability, not only at central, but also at local level, are essential at all times. For all three of the professional functions which are the focus of this Fourth Round Evaluation of Malta (i.e. parliamentarians, judges and prosecutors) the handling of interpersonal relationships and addressing real or potential conflicts of interest are clearly critical challenges. 2. In recent years, Malta has carefully considered corruption prevention policies and has significantly improved disclosure practices in the work of its public institutions, thereby making them more open to public scrutiny. Two reforms are currently ongoing in the areas under evaluation in the present report, notably aimed at strengthening answerability of members of parliament in the performance of their duties and at increasing efficiency in the justice system. If adopted, and ultimately implemented, with pace and determination, these reforms have the potential to instil greater transparency, accountability and integrity in the legislative and judicial branches. 3. Parliamentarians, in Malta are generally part-time legislators who also maintain their private practices. The potential for a conflict of interest due to the personal and professional networks and business links built across Malta, make maintaining decision- making independence, and being able to publically demonstrate this independence, a live issue. A number of good disclosure rules and practices have been introduced in recent years and the House of Representatives does now have a notable level of transparency in its formal legislative processes. While the House of Representatives must be commended for instituting a Code of Ethics for its members almost 20 years ago, that code is now due for thorough revision
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