Malta - April 2025

On 11 April, a new law that restricts citizens' ability to request magisterial inquiries was enacted. Passed by Parliament with a 37–30 vote, the legislation amends the Criminal Code, removing a provision that previously allowed individuals and civil society organizations to report suspected misconduct directly to a magistrate. Critics argue that the reform limits access to justice by eliminating this direct reporting channel. Under the new system, complaints must first be submitted to the police. If the police decide not to act, individuals may then revert to a magistrate to initiate an inquiry. Opponents argue that this process will deter whistleblowers, as complainants are now required to provide court-admissible evidence to the police, placing an undue burden of proof on them. Civil society organizations announced plans to challenge the law before the country’s Constitutional Court. 

Sources: Times of Malta (1), Malta Independent, Malta Today, Times of Malta (2), International IDEA  

On 29 April, the European Court of Justice (ECJ) ruled that Malta’s ‘golden passport’ citizenship-by-investment scheme violated EU principles of solidarity and mutual trust by ‘commercializing’ citizenship. The case was referred to the Court by the European Commission in September 2022 after Malta declined to end the programme despite infringement proceedings. The scheme had faced criticism for enabling corruption, money laundering, and tax evasion, with investigations alleging involvement of high-ranking officials in facilitating passport sales for kickbacks. It also raised concerns about economic inequality, as it allowed wealthy individuals to obtain citizenship rights unavailable to other residents. The ruling requires Malta to terminate the scheme and pay the costs of the legal proceedings. It applies specifically to the country’s citizenship-by-investment (passport) programme, not to its visa policies.

Sources: European Court of Justice, Government of Malta, Times of Malta, Parliamentary Assembly of the Council of Europe