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.

A coalition of press freedom and civil liberties organizations is calling on the House Ways and Means Committee to abandon its threat to subpoena staffers at BreakThrough News. The House committee has demanded that BreakThrough employees testify before Congress unless the outlet withdraws its First Amendment and other objections to the committee’s earlier subpoenas and document requests by October 20.

The committee says its inquiry is part of a tax-related investigation into one of BreakThrough’s donors. But the committee and its chairman, Rep. Jason Smith, R-Mo., have also accused the outlet of “anti-American rhetoric” and “messaging that mirrors hostile government propaganda,” pointing to its criticism of immigration enforcement and of US and Israeli foreign policy. The letter outlines that such statements make clear the investigation is targeting BreakThrough for its viewpoints. The coalition warns that letting Congress interrogate a newsroom over its editorial positions sets a dangerous precedent for journalists of every political persuasion.

Freedom of the Press Foundation (FPF) Chief of Advocacy Seth Stern stated: “Rep. Smith’s shameless targeting of BreakThrough News for editorial viewpoints that he dislikes shows a complete disregard of the First Amendment. Congress has many more important things to do than interrogate an entire nonprofit newsroom because lawmakers speculate that disagreement with their opinions must evidence a conspiracy. The committee has not identified any alleged unlawful conduct by BreakThrough or any legitimate legislative purpose for its investigation. People who themselves hold controversial political views should understand the risk of normalizing fishing expeditions targeting dissent.”

Read the full letter below:

Dear Chairman Smith,

We are a coalition of press freedom and civil liberties organizations. We are alarmed by your recent correspondence threatening to issue subpoenas to BreakThrough News, a nonprofit organization that publishes news reporting and commentary. Your letter indicates that you plan to demand that virtually every individual associated with BreakThrough’s newsroom, from its editor-in-chief to its social media manager, appear before Congress unless BreakThrough rescinds its well-founded First Amendment and other objections to your prior invasive demands.

The Committee first demanded records from BreakThrough in February, claiming to be pursuing a tax-related probe into donations from Neville Roy Singham, a U.S. citizen based in Shanghai. Those demands and subsequent ones were outrageous in and of themselves, but serially subpoenaing employees of a small left-wing news outlet to compel them to personally appear before you, for no reason other than to further a vindictive political stunt, is beyond the pale and reminiscent of some of the darkest chapters in our nation’s history.

Although your justifications have repeatedly shifted in your various letters and subpoenas to date, you have admitted the true impetus for the inquiry is the groups’ viewpoints, stating they have “amplified anti-American, foreign-aligned narratives on social media, and pushed messaging that mirrors hostile government propaganda.” You further stated, “I will absolutely not stand by and allow our tax code to be abused to push anti-American rhetoric on our home soil.”

The First Amendment protects those who voice even controversial opinions shared by hostile governments abroad, but your primary examples of BreakThrough’s “anti-American” views are criticism of ICE’s tactics and Israel’s U.S.-funded wars – policies that many millions of Americans who have never received funding from or even heard of Mr. Singham also dislike.The fact that foreigners also dislike those policies might underscore their unpopularity, but it does not diminish BreakThrough’s right to share similar views. 

Your letter also raises BreakThrough’s alleged connections to a lawfully organized domestic political party, the Party for Socialism and Liberation. Such connections are not illegal and, like receiving donations from a U.S. citizen living abroad, cannot come close to supporting broad subpoenas seeking a news entity’s internal documents or depositions from its entire staff.

Beyond the blatant unconstitutionality of targeting news outlets for their political views, House subpoenas must serve a legislative purpose. Fishing expeditions do not suffice.

BreakThrough News’s reporting and commentary, no matter how distasteful you may find it, is protected by the First Amendment, just as your own views are protected no matter how distasteful others may find them. As the Supreme Court wrote over 80 years ago, “if there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”

The First Amendment exists to protect people with politically disfavored views from people like you. Speech that politicians approve of is not in need of constitutional protection. 

The threatened subpoenas are clearly designed to target BreakThrough for reporting and editorial viewpoints with which the Committee disagrees. Subpoenas of journalists and newsrooms obstruct First Amendment activity by forcing cash-strapped news outlets to spend time and money defending their rights, and by intimidating not only reporters but also sources, donors, and readers.

We demand that you refrain from issuing further unlawful and retaliatory subpoenas, and drop your entire unconstitutional inquiry into BreakThrough News.

Sincerely,

Freedom of the Press Foundation

American Society of Journalists and Authors

Defending Rights & Dissent

First Amendment Foundation

National Coalition Against Censorship

National Press Photographers Association (NPPA)

PEN America

Society of Environmental Journalists

Society of Professional Journalists

The Media and Democracy Project