A substantial coalition of NGOs and political parties jointly issued a press release on March 1, 2025, disputing Bill 125 on magisterial inquiries.
The proposed Bill No. 125, which aims to drastically change the processes regulating magisterial inquiries, is strongly opposed by a variety of NGOs, pressure groups, political parties, and individuals. The fundamental principles of democratic norms, such as accountability, openness, and the pursuit of justice, are seriously threatened by this legislative proposal, which is presently being considered.
The ramifications of these proposed amendments, which are extremely concerning and raise significant concerns about the future of justice and the rule of law in Malta, were discussed in this press release.
The following were the main points raised:
Erosion of Citizens’ Rights: The bill alters citizen inquiry requests, requiring police pre-approval (within six months) before a judge can consider an inquiry request. This delays justice and deters reporting.
Undermining Judicial Oversight: The bill imposes a two-year deadline for inquiries, after which materials are handed to the Attorney General regardless of status. It also requires court-admissible evidence for inquiry requests, potentially excluding credible leads.
Retrospective Application: Clause 11 dismisses pre-2025 citizen-filed requests without a final decision, undermining ongoing efforts and denying justice.
Broad-Based Opposition: The Chamber of Advocates and Chamber of Commerce have publicly shared these concerns, together with acclaimed judicial dignitaries, noting weakened judicial oversight and restricted citizen access to inquiries.
We hereby urge the government to:
Suspend the Legislative Process: Halt Bill No. 125 to allow public consultation.
Engage in Meaningful Dialogue: Collaborate with stakeholders to reassess the bill.
We are committed to the rule of law and fundamental rights. This bill is a step backwards for democracy. This statement is endorsed by the following organisations, listed in alphabetical order:
ADPD – Sandra Gauci
BirdLife Malta – Caldon Mercieca
Daphne Caruana Galizia Foundation – Corinne Vella
Flimkien ghal Ambjent Ahjar – Astrid Vella
Friends of the Earth – Martina Camilleri
Kopin – William Grech
Kunsill Studenti Universitarji – Emma Degabriele
Indipendenti – Matthew Borg Cuschieri
Momentum – Katya Compagno
#occupyjustice – Joanna Agius
PMP – Silvan Agius
Residenti Beltin – Billy J McBee
Sliema Residents Association – Anna Maria Baldacchino