The EU Anti-Corruption Directive: Malta's transposition must deliver long-overdue reforms

EU Member States have until June 2028 to transpose the newly adopted Anti-Corruption Directive into national law. Malta must do more than simply meet the Directive’s minimum requirements.

More advanced and long-overdue reforms had already been recommended by the 2021 report of the Public Inquiry into Daphne Caruana Galizia’s assassination, GRECO’s 5th evaluation report in 2018 and subsequent reviews, the Venice Commission in 2018, the OECD in 2023, the UNHCR’s Universal Periodic Review in 2024, the European Commission in its multiple annual rule of law reports, and other international bodies.

The Anti-Corruption Directive requires Member States to criminalise the unlawful exercise of public functions and obstruction of justice. These requirements closely reflect recommendations made by the Public Inquiry Board in 2021, including the introduction of specific offences for public officials who interfere with investigations, and for abuse of office. Five years later, implementation of these recommendations is more urgent than ever.

The Directive obliges EU Member States to implement strong and effective safeguards to prevent corruption, including rules on conflicts of interest, asset declarations, interest declarations, revolving doors, political financing, transparency, and access to information. Malta continues to face serious shortcomings in these areas.

The OECD has criticised Malta’s asset declaration system and the limited scope of interest declarations by public officials. It has also identified weak regulation of revolving-door situations as a significant integrity risk. GRECO and the European Commission have repeatedly raised concerns about obstacles to accessing information that should be public, and about the need for greater transparency and accountability.

The Public Inquiry into Daphne’s assassination adopted the anti-corruption recommendations made by various bodies and made other recommendations of its own. Most, including the one on the introduction of Unexplained Wealth Orders to help combat illicit enrichment and corruption, have yet to be implemented.

The Directive further requires Member States to ensure that anti-corruption bodies operate independently, possess adequate expertise and resources, and have access to effective investigative tools. Malta has long been criticised for weaknesses in its anti-corruption framework, including shortcomings in the investigation and prosecution of corruption offences.

Finally, the Directive recognises the important role of civil society in combating corruption and requires Member States to ensure appropriate procedural rights for those affected by corruption and for anti-corruption NGOs.

The transposition deadline of 1 June 2028 will be a test of Malta’s commitment to reform. The Directive’s requirements are a starting point, not an endpoint. Mere transposition of the Directive’s minimum requirements will mean Malta falls far short of the standards it needs to meet. Government must deliver the reforms necessary to bring Malta’s anti-corruption framework up to the necessary standard to protect the rule of law, public accountability, and democratic institutions, and to prevent future deaths.