ENNHRI 2024 REPORT ON THE STATE OF THE RULE OF LAW IN THE EUROPEAN UNION PUBLISHED

The European Network of National Human Rights Institutions (ENNHRI) has announced the publication of the ENNHRI 2024 Report on the State of the Rule of Law in the European Union. Submitted to the European Commission on 23 April, the report significantly contributes to the EU’s rule of law monitoring cycle.

ENNHRI, uniting over 40 national human rights institutions across Europe, aims to promote and protect human rights throughout the region. It serves as a collaborative platform for these institutions, fostering solidarity and collective action to defend human rights and address related challenges at the European level.

The report addresses the situation in Malta, specifically relating to the establishment, independence, and effectiveness of a National Human Rights Institution (NHRI). It highlights that various national, regional, and international stakeholders have urged Malta to establish an NHRI, a recommendation prominently featured during the Universal Periodic Review of Malta.

The report encourages Malta to advance the adoption of legislative amendments swiftly and establish an NHRI in line with the UN Paris Principles.

It also highlights recent progress made by the Office of the Parliamentary Ombudsman, which joined ENNHRI in February 2024. By joining ENNHRI, the Ombudsman’s Office has committed to taking proactive steps towards achieving accreditation as an NHRI compliant with the Paris Principles.

The Ombudsman’s Office has actively pursued the establishment of a fully-fledged NHRI in Malta. It has proposed to the Maltese Government the integration of NHRI functions within its existing framework and suggested an extension of its current mandate to include a broader spectrum of human rights responsibilities. The Ombudsman Act supports this expansion, empowering the Office to address issues related to unjust, oppressive, or improper discriminatory actions by the public administration.

The Office operates with a high degree of independence. It is supported by adequate resources and enjoys financial autonomy, ensuring it can effectively uphold and advocate for expanded human rights responsibilities.

ENNHRI continues to monitor developments in Malta and stands ready to support the member institution and provide expertise on establishing and accreditation NHRIs to relevant stakeholders.

This publication and the ongoing efforts of the Ombudsman’s Office reflect a committed step towards enhancing the rule of law and strengthening human rights protection in Malta.

Documents:

ENNHRI 2024 Report on the State of the Rule of Law in the European Union

ENNHRI 2024 Report on the State of the Rule of Law in the European Union – Malta Chapter

Ahead of World Press Freedom Day 2024, Council of Europe Commissioner for Human Rights, Michael O’Flaherty, issued the following statement:

“Despite a growing awareness of the importance of the press for democracy and of the threats it faces, journalists across Europe face increasing challenges.

Government repression, and a worrying lack of accountability for crimes committed against journalists contribute to a culture of fear and self-censorship. Moreover, the use of vague criminal charges and abusive lawsuits to stifle independent reporting remains a widespread problem. 

Addressing these issues requires police protection for journalists, thorough effective investigations of crimes committed against them, and legislative reforms to protect media professionals from undue pressure. It is also essential to promote awareness and a political discourse that supports journalists. These measures are crucial both for the protection of journalists and to uphold the public's right to have access to information.

An independent, pluralist and ethical press is a public good which serves the public interest. It requires a safe and secure environment. I will play my part in ensuring that journalists can work freely and safely, so that the press can continue to perform its essential role in a democratic society.”

Link:

Languages:

PRESS RELEASE No 77/24

Luxembourg, 30 April 2024

Judgment of the Court in Case C-670/22 | M.N. (EncroChat)

EncroChat: the Court of Justice clarifies the conditions for the transmission and use of evidence in criminal cases with a cross-border dimension

In the context of criminal proceedings in Germany concerning illegal drug trafficking involving the use of the encrypted telecommunications service EncroChat, the Court of Justice clarifies certain conditions for the transmission and use of evidence under the Directive regarding the European Investigation Order (EIO) in criminal matters.

Thus, an EIO for the transmission of evidence already gathered by another Member State may, under certain conditions, be issued by a public prosecutor. The conditions applicable to the gathering of evidence in the issuing State do not need to have been satisfied in order for the EIO to be issued. It must, however, be possible for compliance with the fundamental rights of the persons concerned to be judicially reviewed subsequently. Moreover, an interception measure carried out by one Member State on the territory of another Member State must be notified in good time to that other Member State. The criminal courts must, under certain conditions, disregard evidence when the person concerned is not in a position to comment on that evidence. (...)

A colleague from our Integrity Centre took part in the annual meeting of the European network NEIWA, which took place in Valencia. The network brings together 33 organizations from 24 different countries that are committed on improving the integrity  and protection of whistleblowers and taking a stand against corruption. 

During several workshops, participants shared their knowledge and experience. The outcome of the meeting was the "Valencia Declaration", in which they highlighted the importance of whistleblowing.

"Whistleblowing is the best tool in the fight against corruption" say the members of the network in their Declaration. In the Declaration, they also condemn any form of suppression or limitation of the independence and efficiency of integrity and whistleblowing authorities. 

NEIWA members highlighted the importance of strengthening the work and coordination of all actors involved in the field of whistleblowing and the fight against corruption such as police and justice but also the civil society, as their contribution is essential for the establishment of a “Speak up” culture

A major issue for the network is the European Directive on the protection protection of whistleblowers, which has since been implemented in several European countries, including Belgium. Paul Hafellner, Legal Officer in the Fundamental Rights was invited to this meeting and made a presentation on the status of the transposition of the European Directive on the protection of whistleblowers of corruption. 

Finally, the network decided to admit new members, including Ombudsman of Wallonia (Belgium) and the Federal Institute of Human Rights (Belgium).