The judicial system is fundamental in every country. It helps solve conflict and ensures the law is followed. However, there is the worry that in Malta, certain biases might be affecting the fairness of the judicial system. This means there may be unfair treatment towards groups, such as women or people from different ethnic backgrounds. Additionally, some people might not have equal access to justice because of language difficulties. In this article, we will discuss the main issues of the judicial system in Malta.
The current state of bias and discrimination in Malta’s judicial system
There have been concerns about bias in Malta’s judicial system, particularly concerning political influence and discrimination against certain groups. Some of the areas of concern include:
Political influence: There have been allegations that political influence can affect judicial decisions in Malta. The judiciary is meant to be independent, but some have raised concerns about the appointment process of judges and the potential for political bias to influence decisions.
Discrimination against minorities: There have been reports of discrimination against minorities in Malta’s judicial system. This includes cases where individuals from ethnic or religious backgrounds have faced bias or prejudice in court.
Gender bias: There have also been concerns about gender bias in the judicial system. For example, there have been reports of women receiving harsher sentences than men for similar offenses.
Language barriers: Malta has two official languages – Maltese and English. However, some have raised concerns that individuals not proficient in both languages may face difficulties accessing justice and receiving a fair trial.
How bias and discrimination affect the fairness and impartiality of the judicial system
When bias affects the fairness and impartiality of the judicial system, it can have significant implications regarding the government and its relationship with the public. If the judiciary is perceived as biased or unfair, this can undermine the government’s legitimacy and erode public trust in the justice system. This, in turn, can lead to a loss of confidence in the government’s ability to provide equal protection under the law and enforce its policies effectively.
Furthermore, bias in the judiciary can also create a perception of political interference or corruption, mainly if appointments to the judiciary are seen as being influenced by political considerations rather than merit. This can undermine the independence of the judiciary and lead to accusations of unfairness or favoritism.
In recent years, Malta’s judicial system has come under scrutiny due to its slow and ineffective process of criminal court cases. Despite attempts to address the issue, the system continues to struggle with delays, a backlog of cases, and complaints from judges, lawyers, and defendants alike.
According to a 2020 Council of Europe report, criminal court cases in Malta take between double and five times as long to be concluded compared to the EU average. In addition, the country has half the number of judges and magistrates per 100,000 inhabitants in relation to the EU average. And although Malta has almost three times the number of practicing lawyers than the EU average, this has not been enough to alleviate the problem.
Malta’s judicial system fails to deliver swift justice
According to critics who claim it is mired in bureaucracy and sluggish proceedings, Malta’s criminal justice system needs urgent reform. A proposed overhaul of the criminal court system aims to set new time frames for criminal cases and do away with an antiquated referral procedure. However, some legal experts have argued that these changes will not go far enough to address the root causes of the problem.
One of the key reforms proposed is to set a one-year limit on pre-trial proceedings. For years, accused criminals have been forced to attend court sittings for lengthy periods, with pre-trial proceedings often dragging on for several years. The proposed reform seeks to shorten this process by introducing time limits for the prosecution and defense to present evidence and witnesses.
However, critics argue that more is needed to solve the problem of sluggish justice. Malta’s criminal court cases take between double and five times as long to be concluded compared to the EU average, according to a 2020 Council of Europe report. Chief Justice Mark Chetcuti has described court delays as the country’s “biggest challenge,” calling for the appointment of more judges to help solve the problem.
Malta has only 9.5 judges and magistrates per 100,000 inhabitants in relation to the EU average of 17.7.
This disparity is viewed as one of the key factors behind the country’s slow justice system. Critics argue that the lack of judges has led to a backlog of cases, with many accused criminals waiting months or even years for their day in court.
Urgent action required: confronting bias and discrimination in Malta’s struggling judicial system
Even with the proposed reform, Malta’s criminal justice system lags behind the EU average regarding efficiency. According to a 2020 Council of Europe report, criminal court cases in Malta take between double and five times as long to be concluded compared to the EU average. With the judicial system’s inefficiencies, the country’s judges and magistrates are overloaded with work, and the government has been called upon to appoint more judges.
The proposed reform may be a step in the right direction, but much work still needs to be done to ensure an efficient and fair judicial system in Malta.