Recently, the European Commission released a report revealing that Malta has the slowest court ruling efficiency among 25 EU countries. The report indicates that an administrative case against the government in Malta takes an average of 2.8 years from filing to the first-instance judgment. This figure places Malta at the bottom of the EU’s court efficiency rankings.
In contrast, Portugal has an average processing time of 1.7 years for administrative cases, ranking second to last. Lithuania, on the other hand, boasts the fastest ruling time at just six months. Administrative law encompasses cases related to tax assessments, land permits, and facility usage licenses, which arise when individuals or businesses take the government to court. This report highlights why both locals and foreigners often express frustration with the efficiency of the Maltese government; unless absolutely necessary, it is advisable to avoid dealings with the government in Malta.
Despite the current inefficiencies in Malta’s courts, there has been some improvement compared to 2021. In that year, the average time to process an administrative case was 3.7 years, which decreased to 2.8 years in 2022. While this progress is notable, there remains significant room for improvement compared to other EU countries. Not only are administrative cases slow, but Malta also ranks low in the processing speed of civil cases. The report states that it takes an average of 1.4 years to resolve a civil case in Malta, making it the third slowest in the EU. In comparison, many EU countries have much shorter processing times for civil cases.
One major reason for the inefficiency of Malta’s courts may be the insufficient number of judges. Data shows that there are only 9 judges for every 100,000 residents in Malta, ranking third from the bottom in Europe. In contrast, Croatia has 42 judges per 100,000 residents, the highest ratio in Europe. Interestingly, despite the low number of judges, Malta has a relatively high number of lawyers, with approximately 275 lawyers for every 100,000 residents. However, the increase in lawyers has not significantly improved court efficiency. A higher number of lawyers may lead to more litigation and cases, which can exacerbate the workload of the courts.
To enhance the efficiency of Malta’s courts, the government and judicial system could consider the following measures:
1. Increase the Number of Judges: The government should consider appointing more judges to address the backlog of cases. Increasing the number of judges can effectively distribute the workload and speed up case processing.
2. Optimize Court Management: By introducing modern management systems and technological solutions, the administrative efficiency of the courts can be improved. For example, promoting electronic litigation systems can reduce the time spent on handling paper documents.
3. Enhance Legal Training: Providing more professional training for judges and lawyers can improve their skills and case-handling capabilities. Specialized training and guidance can be offered, particularly for complex administrative law cases.
4. Promote Mediation and Arbitration: Encouraging parties to resolve disputes through mediation and arbitration, rather than litigation, can alleviate pressure on the courts and lead to quicker resolutions, protecting the legal rights of the parties involved.
While Malta’s court efficiency issues are serious, they are not insurmountable. By increasing the number of judges, optimizing management systems, enhancing legal training, and promoting non-litigation dispute resolution methods, Malta’s judicial system has the potential for significant improvement in the future. Only by ensuring that every case is adjudicated fairly and in a reasonable timeframe can social justice and equity be maintained. It is essential for the government, judicial institutions, and ordinary citizens to work together to enhance judicial efficiency. After all, an efficient and fair judicial system is a crucial guarantee for social stability and economic development. We hope that in the near future, Malta’s courts can shed the label of being the “slowest in the EU” and become a model of judicial efficiency.
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