The European Commission has urged Malta to strengthen judicial independence, tackle corruption and improve protection for journalists, as a European Parliament debate exposes continuing disagreements over the country’s rule-of-law record.

The European Commission has called on Malta to accelerate judicial reforms and strengthen safeguards for journalists, nine years after the assassination of investigative reporter Daphne Caruana Galizia, as the European Parliament revisited concerns over corruption and institutional accountability on Wednesday, 21 October.

European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath told MEPs in Strasbourg that Malta had made progress in certain areas but had yet to implement several outstanding recommendations concerning judicial independence, high-level corruption and media freedom.

The debate followed the controversial acquittal of businessman Yorgen Fenech, who had been accused of involvement in Caruana Galizia’s murder. Maltese prosecutors appealed the verdict in September, leaving the criminal proceedings subject to further judicial consideration.

Commission identifies continuing weaknesses

The European Commission’s 2026 Rule of Law Report, published in July, assessed Malta’s progress in reforming its justice system, anti-corruption institutions and protections for the media.

The report acknowledged certain improvements, including additional resources allocated to judicial and prosecutorial authorities.

However, it found that progress remained limited on several recommendations.

These include reducing delays in judicial proceedings, improving the investigation and prosecution of high-level corruption and ensuring greater judicial involvement in the appointment of the Chief Justice.

The Commission has also expressed concern about the effectiveness of existing anti-corruption arrangements.

Although investigations and prosecutions have increased in some areas, Brussels continues to seek a stronger record of final judgments in major corruption cases.

Court delays and pressure on judicial resources remain significant difficulties.

McGrath told Parliament that the Maltese authorities must continue implementing reforms to address these shortcomings.

Fenech acquittal intensifies accountability debate

Caruana Galizia was killed by a car bomb near her home in Bidnija on 16 October 2017.

The 53-year-old journalist had investigated corruption, money laundering and political connections involving prominent figures in Malta’s business and political establishment.

Her assassination prompted international condemnation, widespread demonstrations and investigations into the circumstances surrounding the killing.

Several men have subsequently been convicted for participating in the murder or supplying the explosives.

However, the criminal proceedings concerning the alleged commissioning of the assassination have remained contentious.

On 2 September 2026, a nine-member jury acquitted businessman Yorgen Fenech of complicity in the murder and criminal association. The verdict was reached by eight votes to one.

Fenech had denied ordering or financing the killing.

The acquittal prompted criticism from Caruana Galizia’s family and organisations campaigning for press freedom.

On 22 September, Malta’s Attorney General formally appealed the verdict, challenging legal decisions made during the trial.

The appeal does not overturn Fenech’s acquittal or establish criminal responsibility.

The Court of Criminal Appeal must determine whether the legal grounds presented justify further proceedings, potentially including a retrial.

The criminal case remains separate from the broader political debate over Malta’s institutional reforms.

Maltese MEPs clash in Strasbourg

Wednesday’s parliamentary debate exposed sharp disagreements between representatives of Malta’s opposition Nationalist Party and governing Labour Party.

Nationalist MEPs Peter Agius and David Casa criticised the authorities’ record on corruption and institutional accountability.

Agius argued that repeated European Commission assessments had failed to produce sufficient improvements and questioned whether Malta’s institutions were effectively addressing allegations of wrongdoing.

Casa referred to the findings of the independent public inquiry into Caruana Galizia’s assassination, which concluded in 2021 that the state had contributed to circumstances in which a climate of impunity enabled the killing.

He argued that significant recommendations arising from that inquiry remained outstanding.

Labour MEP Alex Agius Saliba rejected the criticism, maintaining that Malta had implemented reforms and that its judicial institutions should be allowed to perform their functions independently.

He pointed to the prosecution’s appeal against Fenech’s acquittal as evidence that the judicial process was continuing.

Labour MEP Thomas Bajada concentrated on the protection of journalists and the need to counter misinformation while preserving independent reporting.

The disagreements subsequently prompted a response from Maltese Prime Minister Robert Abela, who accused opposition MEPs of damaging Malta’s reputation through their interventions.

Protection of journalists remains unfinished

Media freedom featured prominently in the Commission’s concerns.

Malta has introduced legislation addressing certain abusive legal proceedings against journalists, including transposing EU protections against strategic lawsuits intended to discourage public participation.

However, the existing measures principally concern civil proceedings with cross-border implications.

The Commission has urged Malta to extend comparable protections to domestic cases.

Other concerns include journalists’ access to official information, protection from intimidation and the need for more comprehensive legislative safeguards.

McGrath indicated that the Maltese government intended to present additional media legislation in the coming weeks.

The Commission has called for consultations with journalists, media organisations and civil society before the measures are adopted.

European institutions are also examining Malta’s implementation of wider EU requirements under the European Media Freedom Act.

Further pressure for reform

The European Parliament’s proceedings form part of the continued scrutiny of Malta’s institutional record following Caruana Galizia’s assassination.

The Commission’s annual rule-of-law assessments provide a mechanism for identifying outstanding problems and monitoring governments’ responses.

However, the implementation of many recommendations remains the responsibility of national authorities.

For Malta, the immediate issues concern the government’s promised media legislation, outstanding judicial reforms and the progression of the appeal in the Fenech case.

The Commission has made clear that further improvements are required, while the Maltese government maintains that substantial institutional changes have already been introduced.

The next assessment will depend on legislative measures actually adopted, their implementation and progress through the relevant judicial proceedings.

EU ministers have reviewed reforms introduced by Prime Minister Péter Magyar’s administration but left the Article 7 proceedings against Hungary unresolved. The European Commission has acknowledged significant progress while warning that further changes are required to restore the rule of law.

The European Union has maintained its Article 7 proceedings against Hungary despite acknowledging significant improvements in the country’s rule-of-law situation since Prime Minister Péter Magyar’s government took office earlier this year.

Ministers meeting at the General Affairs Council in Luxembourg on Tuesday, 13 October, reviewed reforms introduced by the Hungarian administration and received an updated assessment from the European Commission.

The proceedings, initiated by the European Parliament in September 2018, remain open eight years after concerns over judicial independence, corruption, media freedom and democratic accountability first prompted action under the EU treaties.

No decision was announced to terminate the procedure following the latest meeting.

Brussels acknowledges progress

European Commissioner Michael McGrath said ahead of the discussions that Hungary had made substantial progress towards addressing the institutional problems inherited from the administration of former prime minister Viktor Orbán.

Speaking in Luxembourg, McGrath acknowledged improved cooperation between the Hungarian government and European institutions.

However, he also indicated that the reform process remained incomplete, noting that the new administration had been in office for only several months.

The Commission’s assessment reflects the changing relationship between Budapest and Brussels following Magyar’s election victory and the subsequent introduction of reforms intended to restore judicial and institutional independence.

As EU Today reported in June, the change of government created an opportunity to resolve long-standing disputes over the condition of Hungary’s democratic institutions and the suspension of European funding.

The latest Council discussions indicate that the EU is prepared to recognise reforms already undertaken without automatically treating them as sufficient to close the Article 7 procedure.

An eight-year institutional dispute

The European Parliament initiated the proceedings in 2018 after raising concerns over developments affecting Hungary’s constitutional system, judicial independence, corruption safeguards and civil society.

Article 7 of the Treaty on European Union provides mechanisms for responding when a member state is considered at risk of seriously breaching the Union’s fundamental values.

Under its preventive provisions, the Council can determine whether there is a clear risk of such a breach.

More severe measures, including the possible suspension of certain membership rights, require additional procedures and higher institutional thresholds.

Hungary’s case has remained within the preventive stage, with successive Council meetings examining the country’s legal and political developments.

The Council’s account of the 13 October meeting confirms that Hungarian representatives presented measures intended to address concerns raised by the European Parliament and member states during earlier proceedings.

The Commission also briefed ministers on its latest assessment.

The meeting did not produce a formal finding that the outstanding concerns had been fully resolved.

Magyar faces the consequences of Orbán’s legacy

Since assuming office, Magyar has sought to reverse elements of the institutional structure established during Orbán’s lengthy premiership.

The reforms have included measures concerning public administration, judicial accountability and the relationship between national institutions and European law.

The new government has also attempted to improve relations with Brussels after years of disputes that affected EU budget decisions, sanctions policy and cooperation over Ukraine.

EU Today has previously examined Magyar’s programme of institutional renewal and the political difficulties involved in changing institutions shaped by the previous administration.

Reforming legislation does not necessarily transform the institutions responsible for applying it.

Judicial appointments, regulatory structures, public procurement procedures and anti-corruption enforcement may all require additional measures before the effects of reform can be fully assessed.

The European Commission must therefore consider not only the laws adopted by the new government but also whether the institutions concerned operate independently and effectively.

EU funding remains a separate question

The Article 7 proceedings are closely associated with wider disputes over Hungary’s access to European funding, although the relevant legal mechanisms are different.

During Orbán’s administration, the Commission and Council used financial conditionality procedures to restrict access to certain EU resources because of concerns affecting the protection of the Union’s budget.

Magyar’s reforms have opened the possibility of reversing some of those restrictions.

As EU Today reported in September, the Commission moved towards releasing €4.2 billion following changes intended to address rule-of-law concerns.

The financial decisions involve compliance with conditions attached to EU funding and can proceed independently of the Article 7 mechanism.

Consequently, the release of money does not automatically establish that all the institutional problems identified in the original parliamentary proceedings have been resolved.

Likewise, the continuation of Article 7 does not necessarily prevent the Commission from recognising progress under separate funding arrangements.

Who can end the proceedings?

McGrath addressed the possibility of terminating the procedure during remarks before Tuesday’s meeting.

He explained that the Commission could provide its assessment but did not have unilateral authority to bring the Article 7 process to an end.

In his recorded statement in Luxembourg, the Commissioner pointed to the responsibilities of the European Parliament, which initiated the case, and the Council, which has conducted the subsequent examination.

The institutional arrangements mean that improved relations between the Commission and the Hungarian government cannot by themselves dispose of the proceedings.

The Council must consider the reforms and the remaining concerns within the framework established by the treaties.

Political agreement among member states will consequently be required to determine how the process develops.

A changed relationship with Brussels

The latest discussions take place against a substantially different political background from previous years.

Budapest has recently withdrawn objections to further steps in Ukraine’s EU accession negotiations following Ukrainian legislation addressing educational rights for Hungarian speakers and other national minorities.

The change has removed one obstacle to enlargement negotiations and reflects the government’s more cooperative approach towards other EU institutions.

Nevertheless, Hungary’s position on foreign policy and enlargement is distinct from the assessment of its domestic rule-of-law arrangements.

The Council’s examination remains focused on the institutional concerns that led to the procedure being initiated.

The Irish presidency’s summary of the October Council meeting confirms that ministers received an update rather than reaching a new formal determination.

The proceedings therefore remain open while the Commission and member states continue examining the measures introduced by Magyar’s administration.

The coming decisions will establish how European institutions respond when a new government undertakes reforms intended to reverse the conduct that originally led to action under Article 7.

For Hungary, the outcome will influence its relationship with Brussels well beyond the immediate debate over EU funding. For the Union, it will demonstrate how its rule-of-law procedures operate when political circumstances change and the member state concerned begins addressing previously identified institutional problems.